Commission Regulation (EC) No 148/98 of 22 January 1998 laying down detailed rules for the application of Council Regulation (EC) No 2005/97 laying down certain rules for the application of the special arrangements for imports of olive oil originating in Algeria
Date: 1998-01-22
Institutions: European Commission
Subjects: Algeria, customs regulations, import, import tax, olive oil, originating product

23. 1. 98

EN

Official Journal of the European Communities

L 18/3

COMMISSION REGULATION (EC) No 148/98

of 22 January 1998

laying down detailed rules for the application of Council Regulation (EC) No
2005/97 laying down certain rules for the application of the special arrangements
for imports of olive oil originating in Algeria

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2005/97 of
9 October 1997 laying down certain rules for the applica-
tion of the special arrangements for imports of olive oil
originating in Algeria (1), and in particular Article 4
thereof,

Having regard to Council Regulation (EC) No 3290/94 of
22 December 1994 on the adjustments and transitional
arrangements required in the agricultural sector in order
to implement
the agreements concluded during the
Uruguay Round of multilateral trade negotiations (2), as
last amended by Regulation (EC) No 1161/97 (3), and in
particular Article 3 thereof,

Whereas the reduction in the rate of customs duty
provided for in Article 2(2) of Regulation (EC) No 2005/
97 applies to all imports of olive oil in respect of which
the importer provides proof on import that the special
export charge is reflected in the import price; whereas,
for
abovementioned
arrangements, provision should be made for the importer
to provide proof that the charge in question has been
reimbursed to the exporter;

the purposes of

applying the

Whereas Commission Regulation (EC) No 2146/95 (4), as
last amended by Regulation (EC) No 1163/97 (5), relating,
inter alia, to the transitional adjustment of the special
arrangements for
imports of olive oil originating in
Algeria lays down provisions applying to those arrange-
ments; whereas those provisions should be repealed in
laid down
view of
herein;

the detailed implementing rules

Whereas the measures provided for in this Regulation are
in accordance with the Management Committee for Oils
and Fats,

HAS ADOPTED THIS REGULATION:

Article 1

The arrangements provided for in Article 2(2) and (3)
1.
of Regulation (EC) No 2005/97 shall apply to all imports
in respect of which the importer provides proof, on
acceptance of the declaration of release for free circula-
tion, that the special export charge is reflected in the
import price and that he has reimbursed that charge to
the exporter up to the amount deductible on import into
the Community as provided for in Article 2(2) of that
Regulation.

Proof for the purposes of paragraph 1 may consist in
commercial or bank document
administrative,

2.
any
acceptable to the customs authorities.

3.
For the purposes of this Regulation, ‘exporter' means
the person shown in the EUR.1 certificate for Algeria.

Article 2

Regulation (EC) No 2146/95 is hereby repealed.

Article 3

This Regulation shall enter
into force on the day
following its publication in the Official Journal of the
European Communities.

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

Done at Brussels, 22 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 284, 16. 10. 1997, p. 11.
(2) OJ L 349, 31. 12. 1994, p. 105.
(3) OJ L 169, 27. 6. 1997, p. 1.
(4) OJ L 215, 9. 9. 1995, p. 1.
(5) OJ L 169, 27. 6. 1997, p. 4.