31993R0367

19 . 2. 93 Official Journal of the European Communities No L 42/9

COMMISSION REGULATION (EEC) No 367/93 of 18 February 1993 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, Whereas by Regulation (EEC) No 3131 /78 (12), as amended by the Act of Accession of Greece, the Commis­ sion decided to use the tendering procedure to fix levies Having regard to the Treaty establishing the European on olive oil ; ' Economic Community, Whereas Article 3 of Council Regulation (EEC) No 2751 /78 of 23 November 1978 laying down general ' Having regard to the Act of Accession of Spain and rules for fixing the import levy on olive oil by tender (u) Portugal, specifies that the minimum levy rate shall be fixed for each of the products concerned on the basis of the situa­ tion on the world market and the Community market and Having regard to Council Regulation No 136/66/EEC of of the levy rates indicated by tenderers ; 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 2046/92 (2), and in Whereas, in the collection of the levy, account should be particular Article 16 (2) thereof, taken of the provisions in the Agreements between the Community and certain third countries ; whereas in parti­ cular the levy applicable for those countries must be Having regard to Council Regulation (EEC) No 1514/76 fixed, taking as a basis for calculation the levy to be of 24 June 1976 on imports of olive oil originating in collected on imports from the other third countries ; Algeria (3), as last amended by Regulation (EEC) No 1900/92 (4), 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 1521 /76 Economic Community (I4), no levies shall apply on of 24 June 1976 on imports of olive oil originating in imports of products originating in the overseas countries Morocco (*), as last amended by Regulation (EEC) and territories ; whereas, however, pursuant to Article 101 No 1901 /92 (<% and in particular Article 5 thereof, (4) of the abovementioned Decision, a special amount shall be charged on imports of certain products origin­ ating in the overseas countries and territories in order to Having regard to Council Regulation (EEC) No 1508/76 prevent products originating from these countries and of 24 June 1976 on imports of olive oil originating in territories from receiving more favourable treatment than Tunisia Q, as last amended by Regulation (EEC) similar products imported from Spain or Portugal into the No 413/86 (8), and in particular Article 5 thereof, Community as constituted on 31 December 1985 ;

Having regard to Council Regulation (EEC) No 1180/77 Whereas application of the rules recalled above to the of 17 May 1977 on imports into the Community of levy rates indicated by tenderers on 15 and 16 February certain agricultural products originating in Turkey (9), as 1993 leads to the minimum levies being fixed as last amended by Regulation (EEC) No 1902/92 (10), and in indicated in Annex I to this Regulation ; particular Article 10 (2) thereof, Whereas the import levy on olives falling within CN codes 0709 90 39 and 0711 20 90 and on products falling Having regard to Council Regulation (EEC) No 1620/77 within CN codes 1522 00 31 , 1522 00 39 and 2306 90 19 of 18 July 1977 laying down detailed rules for the impor­ must l^e calculated from the minimum levy applicable on tation of olive oil from Lebanon (u), the olive oil contained in these products ; whereas, however, the levy charged for olive oil may not be less (') OJ No 172, 30. 9 . 1966, p. 3025/66. than an amount equal to 8 % of the value of the (2) OJ No L 215, 30. 7. 1992, p. 1 . imported product, such amount to be fixed at a standard 0 OJ No L 169, 28 . 6. 1976, p. 24. rate ; whereas application of these provisions leads to the (4) OJ No L 192, 11 . 7. 1992, p. 1 . 0 OJ No L 169, 28 . 6. 1976, p. 43. levies being fixed as indicated in Annex II to this Regula­ 0 OJ No L 192, 11 . 7. 1992, p. 2. tion, 0 OJ No L 169, 28 . 6. 1976, p. 9. (8) OJ No L 48, 26. 2. 1986, p. 1 . 0 OJ No L 142, 9. 6. 1977, p. 10. (,2) OJ No L 370, 30 . 12. 1978 , p. 60. (10) OJ No L 192, 11 . 7. 1992, p. 3 . (13) OJ No L 331 , 28 . 11 . 1978 , p. 6. H OJ No L 181 , 21 . 7. 1977, p. 4. H OJ No L 263, 19. 9. 1991 , p. 1 .

No L 42/ 10 Official Journal of the European Communities 19 . 2. 93

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 This Regulation shall enter into force on 19 February Annex I. 1993 .

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

Done at Brussels, 18 February 1993.

For the Commission Rene STEICHEN Member of the Commission

19 . 2 . 93 Official Journal of the European Communities No L 42/ 11

ANNEX I

Minimum import levies on olive oil (')

(ECU/100 kg)

CN code Non-member countries

1509 10 10 79,00 (2) 1509 10 90 79,00 (2) 1509 90 00 92,00 (3) 1510 00 10 77,00 0 1510 00 90 122,00 (4)

(') 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 Commission Regulation (EEC) No 3094/92 (OJ No L 31 1 , 28 . 10. 1992, p. 20), as amended by Regulation (EEC) No 3839/92 (OJ No L 387, 31 . 12. 1992, p. 71), is to be levied in accor­ dance 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) Tunisia : 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 ; (c) Turkey : ECU 22,36 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 ; (d) Algeria and Morocco : ECU 24,78 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. (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 1738 0711 20 90 17,38 1522 00 31 39,50 1522 00 39 63,20 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 amended Regulation (EEC) No 3094/92 is to be levied in accordance with Article 101 (4) of the abovementioned Decision.