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( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

( 2 ) OJ NO L 171 , 28 . 6 . 1978 , P . 8 .

( 3 ) OJ NO L 68 , 10 . 3 . 1978 , P . 17 .

( 4 ) OJ NO L 178 , 1 . 7 . 1978 , P . 46 .

( 5 ) OJ NO 264 , 31 . 10 . 1967 , P . 11 .

COMMISSION REGULATION ( EEC ) NO 1575/78

OF 6 JULY 1978

AMENDING REGULATION NO 785/67/EEC ON THE BUYING IN OF OLIVE OIL BY INTERVENTION AGENCIES

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 OF 22 SEPTEMBER 1966 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKETS IN OILS AND FATS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1419/78 ( 2 ), AND IN PARTICULAR ARTICLE 11 ( 5 ) THEREOF ,

WHEREAS IN CERTAIN REGIONS OF THE COMMUNITY IT HAS BEEN NOTED OVER THE PAST FEW MONTHS THAT VIRGIN OLIVE OIL , EXTRA , OF 0.6 * OR LESS ACIDITY IS BEING SENT INTO INTERVENTION ; WHEREAS AT THE SAME TIME THE MARKET PRICES OF THAT QUALITY OF OLIVE OIL ARE AT THE LEVEL OF THE MARKET TARGET PRICE ;

WHEREAS , ACCORDING TO CERTAIN INFORMATION , THE OIL SENT INTO INTERVENTION IN CERTAIN CASES MAY NOT BE OIL WHICH HAS NATURALLY THE CHARACTERISTICS OF VIRGIN OLIVE OIL , EXTRA , OF 0.6 * ACIDITY BUT MAY HAVE BEEN GIVEN THESE CHARACTERISTICS BY MEANS OF SPECIAL PROCESSING TECHNIQUES ;

WHEREAS , IN ORDER TO REDUCE THE ADVANTAGE OF OFFERING VIRGIN OLIVE OIL , EXTRA , OF 0.6 * ACIDITY FOR INTERVENTION , PENDING THE DEVELOPMENT OF A METHOD OF ANALYSIS THAT COULD BE USED TO GUARANTEE THE QUALITY OF OIL PRESENTED FOR INTERVENTION , IT WAS SPECIFIED IN COMMISSION REGULATION ( EEC ) NO 503/78 OF 9 MARCH 1978 AMENDING REGULATION NO 785/67/EEC ON THE BUYING IN OF OLIVE OIL BY INTERVENTION AGENCIES ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1507/78 ( 4 ), THAT UNTIL 31 JULY 1978 THE PRICE INCREASE FIXED FOR VIRGIN OLIVE OIL , EXTRA , OF 1 * ACIDITY SHOULD BE APPLIED TO VIRGIN OLIVE OIL , EXTRA , OF 0.6 * ACIDITY ;

WHEREAS IT IS CLEAR , IN VIEW OF THE DIFFICULTIES ENCOUNTERED BY RESEARCHERS IN DEVELOPING A SATISFACTORY METHOD OF ANALYSIS , THAT NO METHOD WILL BE AVAILABLE FOR USE IN THE NEAR FUTURE ;

WHEREAS IN THESE CIRCUMSTANCES , IN ORDER TO LIMIT THE RISK OF FRAUD , OIL SHOULD NOT BE ADMITTED TO INTERVENTION EXCEPT AT A STAGE THAT WILL GUARANTEE THAT IT HAS NOT BEEN SUBJECTED TO SPECIAL TREATMENT OF ANY KIND ; WHEREAS THIS MAY BE ATTAINED BY RESTRICTING THE RIGHT TO OFFER OLIVE OIL FOR INTERVENTION TO PRODUCERS ; WHEREAS A DEFINITION OF ' PRODUCERS OF OLIVE OIL ' MUST CONSEQUENTLY BE LAID DOWN IN COMMISSION REGULATION NO 785/67/EEC OF 30 OCTOBER 1967 ON THE BUYING IN OF OLIVE OIL BY INTERVENTION AGENCIES ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 503/78 ;

WHEREAS THE ANNEX TO REGULATION NO 785/67/EEC SETS OUT THE PRICE INCREASES AND REDUCTIONS TO BE USED TO ADJUST THE BUYING-IN PRICE IN ACCORDANCE WITH THE VALUE OF THE PARTICULAR QUALITY OF OIL OFFERED FOR INTERVENTION ;

WHEREAS EXPERIENCE HAS SHOWN THAT CERTAIN VARIATIONS HAVE OCCURRED IN THE PRICE DIFFERENCES RECORDED ON THE MARKET BETWEEN DIFFERENT QUALITIES OF OIL ; WHEREAS CONSEQUENTLY THE ANNEX TO THE SAID REGULATION SHOULD BE AMENDED TO TAKE ACCOUNT OF THESE VARIATIONS ;

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 :

ARTICLE 1

THE FIRST PARAGRAPH OF ARTICLE 2 OF REGULATION NO 785/67/EEC IS AMENDED TO READ AS FOLLOWS :

' ARTICLE 2

OLIVE OIL ORIGINATING IN THE COMMUNITY AND MEETING THE REQUIREMENTS SET OUT IN ARTICLE 1 MAY BE OFFERED TO THE INTERVENTION AGENCY BY ANY NATURAL OR LEGAL PERSON WHO PROVES TO THE SATISFACTION OF THE INTERVENTION AGENCY THAT HE IS ITS FIRST OWNER . '

ARTICLE 2

THE ANNEX TO REGULATION NO 785/67/EEC IS REPLACED BY THE ANNEX TO THIS REGULATION .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY , WITH THE EXCEPTION OF ARTICLE 2 , FROM 1 AUGUST 1978 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 6 JULY 1978 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT