1972R0616 — EN — 31.12.1977 — 006.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:

NB: This consolidated version contains references to the European unit of accout and/or the ecu, which from 1 January 1999 should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) and Coundil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).

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REGULATION (EEC) No 616/72 OF THE COMMISSION

of 27 March 1972

on detailed rules for the application of export refunds and levies on olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community; Having regard to Council Regulation No 136/66/EEC ( 1 ) of 22 September 1966 on the establishment of a common organization of the market in oils and fats, as last amended by Regulation (EEC) No 2727/71 ( 2 ); Having regard to Council Regulation No 162/66/EEC ( 3 ) of 27 October 1966 on trade in oils and fats between the Community and Greece; Having regard to Council Regulation No 171/67/EEC ( 4 ) of 27 June 1967 on export refunds and levies on olive oil, as last amended by Regulation (EEC) No 444/72, ( 5 ) and in particular Article 11 thereof; Whereas, to ensure that the export refund system is correctly applied, oils with a high free fatty acid content which are produced and marketed on a very small scale should be excluded from the refund; whereas for the same purpose subheading No 15.07 A II of the Common Customs Tariff should be subdivided into virgin olive oil and other oil falling within the same subheading; Whereas, if the export levy is to be fully effective, the amount of that levy should be equal to the maximum amounts fixed in accordance with Article 10 (2) of Regulation No 171/67/EEC; whereas, however, the levy is fixed only where the difference between the c.i.f. price and the market target price for unrefined olive oil might give rise to exports which could lead to disturbances on the Community market; Whereas since the volume of traditional exports in small containers is not noticeably affected by the trend of world prices, provision should be made for an exemption from the levy in respect of these exports; whereas, however, an exemption in excess of the lowest packaging costs could lead to speculative exports in small containers; whereas the exemption should therefore be limited to the level of these costs; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Management Committee for Oils and Fats; HAS ADOPTED THIS REGULATION:

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Article 1

1. The export refund shall be granted only on olive oils with a free fatty acid content expressed as oleic acid of not more than 30 grams per 100 grams.

2. Where the exported olive oil is a mixture falling within subheading 15.07 A II composed of:

(a) oil purchased in response to an invitation to tender for export, and

(b) oil purchased directly on the Community market,

2. the refund fixed for oils falling within subheading 15.07 A II shall be granted solely in respect of the quantity obtained directly from the Community market.

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Article 2

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The authorization to import free of levy referred to in Article 9 (1) of Regulation No 171/67/EEC, shall be conditional upon the export of qualities of olive oil and, where appropriate, forms of presentation thereof, for which a cash refund is in force on the day on which the application for that authorization is submitted.

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Article 4

1. The Commission shall fix an export levy for olive oil falling within subheading 15.07 A of the Common Customs Tariff where the difference between the cif price and the price recorded on the Community market is such as to encourage exportation on a scale likely to disturb the Community or the world market. For the purposes of determining the price on the Community market account shall be taken of quotations and prices on the most representative markets for production and export.

The export levy shall be adjusted in accordance with any changes in the situation.

2. Where the cif price exceeds the market target price the application of the export levy shall be examined at least once a month under the procedure laid down in Article 39 of Regulation No 136/66/EEC.

3. The Commission shall notify Member States of the amount of the export levy to be charged per 100 kg of oil exported as soon as such levy is fixed.

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Article 5

Commission Regulation (EEC) No 154/69 ( 6 ) of 27 January 1969 on detailed rules for the application of export refunds and levies on olive oil, as amended by Regulation (EEC) No 2219/70 ( 7 ), is hereby repealed.

Article 6

This Regulation shall enter into force on 1 April 1972.

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

( 1 ) OJ No 172, 30.9.1966, p. 3025/66.

( 2 ) OJ No L 282, 23.12.1971, p. 8.

( 3 ) OJ No 197, 29.10.1966, p. 3393/66.

( 4 ) OJ No 130, 28.6.1967, p. 2600/67.

( 5 ) OJ No L 54, 3.3.1972, p. 6.

( 6 ) OJ No L 22, 29.1.1969, p. 4.

( 7 ) OJ No L 240, 31.12.1970, p. 72.