31992R1894

10 . 7. 92 Official Journal of the European Communities No L 191 /5

COMMISSION REGULATION (EEC) No 1894/92 of 9 July 1992 fixing the minimum levies on the importation of olive oil and levies on the importation of other olive oil sector products

THE COMMISSION OF THE EUROPEAN COMMUNITIES, sion decided to use the tendering procedure to fix levies on olive oil ; Having regard to the Treaty establishing the European Whereas Article 3 of Council Regulation (EEC) Economic Community, No 2751 /78 of 23 November 1978 laying down general rules for fixing the import levy on olive oil by tender (l3) Having regard to the Act of Accession of Spain and specifies that the minimum levy rate shall be fixed for Portugal, each of the products concerned on the basis of the situa­ tion on the world market and the Community market and of the levy rates indicated by tenderers ; Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common Whereas, in the collection of the levy, account should be organization of the market in oils and fats ('), as last taken of the provisions in the Agreements between the amended by Regulation (EEC) No 1720/91 (2), and in Community and certain third countries ; whereas in parti­ particular Article 16 (2) thereof, cular the levy applicable for those countries must be fixed, taking as a basis for calculation the levy to be Having regard to Council Regulation (EEC) No 1514/76 collected on imports from the other third countries ; of 24 June 1976 on imports of olive oil originating in Algeria (3), as last amended by Regulation (EEC) Whereas, with regard to Turkey and the Maghreb coun­ No 728/91 (4), and in particular Article 5 thereof, tries, the provisions of this Regulation should be without prejudice to the additional amount to be determined in accordance with the agreements between the Community Having regard to Council Regulation (EEC) No 1521 /76 and these third countries ; of 24 June 1976 on imports of olive oil originating in Morocco (*), as last amended by Regulation (EEC) No 729/91 (6), and in particular Article 5 thereof, Whereas, pursuant to Article 101 ( 1 ) of Council Decision 91 /482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Having regard to Council Regulation (EEC) No 1508/76 Economic Community (l4), no levies shall apply on of 24 June 1976 on imports of olive oil originating in imports of products originating in the overseas countries Tunisia f7), as last amended by Regulation (EEC) and territories ; whereas, however, pursuant to Article 101 No 413/86 (8), and in particular Article 5 thereof, (4) of the abovementioned Decision, a special amount shall be charged on imports of certain products origina­ Having regard to Council Regulation (EEC) No 1180/77 ting in the overseas countries and territories in order to of 17 May 1977 on imports into the Community of prevent products originating from these countries and certain agricultural products originating in Turkey (9), as territories from receiving more favourable treatment than last amended by Regulation (EEC) No 730/91 (10), and in similar products imported from Spain or Portugal into the Community as constituted on 31 December 1985 ; particular Article 10 (2) thereof,

Whereas application of the rules recalled above to the Having regard to Council Regulation (EEC) No 1620/77 levy rates indicated by tenderers on 6 and 7 July 1992 of 18 July 1977 laying down detailed rules for the impor­ leads to the minimum levies being fixed as indicated in tation of olive oil from Lebanon (n), Annex I to this Regulation ;

Whereas by Regulation (EEC) No 3131 /78 (12), as Whereas the import levy on olives falling within 29 codes amended by the Act of Accession of Greece, the Commis­ 0709 90 39 and 071 1 20 90 and on products falling within CN codes 1522 00 31 , 1522 00 39 and 2306 90 19 must be calculated from the minimum levy applicable on the ') OJ No 172, 30. 9 . 1966, p. 3025/66. 2) OJ No L 162, 26. 6. 1991 , p. 27. olive oil contained in these products ; whereas, however, 3) OJ No L 169, 28 . 6. 1976, p. 24. the levy charged for olive oil may not be less than an 4) OJ No L 80, 27. 3. 1991 , p. 1 . amount equal to 8 % of the value of the imported 0 OJ No L 169, 28 . 6. 1976, p. 43. product, such amount to be fixed at a standard rate ; 6) OJ No L 80, 27. 3. 1991 , p. 2. Ó OJ No L 169, 28. 6. 1976, p. 9. whereas application of these provisions leads to the levies 8) OJ No L 48 , 26. 2. 1986, p. 1 . being fixed as indicated in Annex II to this Regulation, ^ OJ No L 142, 9. 6. 1977, p. 10. I0) OJ No L 80, 27. 3. 1991 , p. 3. ") OJ No L 181 , 21 . 7. 1977, p. 4. (1J) OJ No L 331 , 28 . 11 . 1978, p. 6. 12) OJ No L 370, 30. 12. 1978 , p. 60. (,4) OJ No L 263 , 19 . 9. 1991 , p . 1 .

No L 191 /6 Official Journal of the European Communities 10 . 7 . 92

HAS ADOPTED THIS REGULATION : Article 2

The levies applicable on imports of other olive oil sector products are fixed in Annex II. Article 1 Article 3 The minimum levies on olive oil imports are fixed in Annex I. This Regulation shall enter into force on 10 July 1992.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 July 1992.

For the Commission Ray MAC SHARRY Member of the Commission

10 . 7. 92 Official Journal of the European Communities No L 191 /7

ANNEX I

Minimum import levies on olive Oil (')

(ECU/100 kg)

CN code Non-member countries

1509 10 10 76,00 (2) 1509 10 90 76,00 (2) 1509 90 00 88,00 0 151000 10 77,00 (2) 1510 00 90 1 22,00 0

(') No levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC. However, an amount equal to the amount fixed by Regulation (EEC) No 3148/91 is to be levied in accordance with Article 101 (4) of the abovementioned Decision. (2) For imports of oil falling within this CN code and produced entirely in one of the countries listed below and transported directly from any of those countries to the Community, the levy to be collected is reduced by : (a) Lebanon : ECU 0,60 per 100 kg ; (b) Turkey : ECU 11,48 per 100 kg (') provided that the operator furnishes proof of having paid the export tax applied by that country ; however, the repayment may not exceed the amount of the tax in force ; (c) Algeria, Tunisia and Morocco : ECU 12,69 per 100 kg (") provided that the operator furnishes proof of having paid the export tax applied by that country ; however, the repayment may not exceed the amount of the tax in force. (*) These amounts may be increased by an additional amount to be determined by the Community and the third countries in question . (3) For imports of oil falling within this CN code : (a) produced entirely in Algeria, Morocco or Tunisia and transported directly from any of those countries to the Community, the levy to be collected is reduced by ECU 3,86 per 100 kg ; (b) produced entirely in Turkey and transported directly from that country to the Community, the levy to be collected is reduced by ECU 3,09 per 100 kg. (4) For imports of oil falling within this CN code : (a) produced entirely in Algeria, Morocco or Tunisia and transported directly from any of those countries to the Community, the levy to be collected is reduced by ECU 7,25 per 100 kg ; (b) produced entirely in Turkey and transported directly from that country to the Community, the levy to be collected is reduced by ECU 5,80 per 100 kg.

ANNEX II

Import levies on other olive oil sector products (')

(ECU/100 kg)

CN code Non-member countries

0709 90 39 16,72 071 1 20 90 16,72 1522 00 31 38,00 1522 00 39 60,80 2306 90 19 6,16

(') No levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC. However, an amount equal to the amount fixed by Regulation (EEC) No 3148/91 is to be levied in accordance with Article 101 (4) of the abovementioned Decision.