Commission Regulation (EC) No 2640/98 of 9 December 1998 laying down detailed rules of application for the importation of olive oil originating in Tunisia
Date: 1998-12-09
Institutions: European Commission
Subjects: Tunisia, customs duties, free circulation, import licence, olive oil, originating product

L 335/8

EN

Official Journal of the European Communities

10. 12. 98

COMMISSION REGULATION (EC) No 2640/98

of 9 December 1998

laying down detailed rules of application for the importation of olive oil
originating in Tunisia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 906/98 of
27 April 1998 laying down general rules for the import of
olive oil originating in Tunisia (1), and in particular Article
1 thereof,

Whereas Article 2 of Council Regulation (EC) No 1103/
97 of 17 June 1997 on certain provisions relating to the
introduction of
the euro (5), provides that, as from 1
January 1999, all references to the ecu in legal instru-
ments are to be replaced by references to the euro at the
rate of EUR 1 to ECU 1;

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

Whereas, pursuant to Article 1 of Regulation (EC) No
906/98, the arrangements for opening and managing the
quota for imports of olive oil originating in Tunisia
should be laid down; whereas the current and foreseeable
situation regarding the supply of olive oil
to the
Community market permits the planned quantity to be
disposed; whereas the risk of disturbing the market is
reduced provided imports are not concentrated in a short
period of the 1998/99 marketing year; whereas provision
should be made for import licences to be issued during
that marketing year according to a monthly schedule;

Whereas, for the sound management of the quantity in
question, a mechanism must be created that encourages
the operators to return forthwith licences that they will
not use to the issuing agency; whereas it is also necessary
to create a mechanism encouraging the operators to
return the licences to the issuing agency after their date of
expiry so that the unused quantities can be re-used and so
that the Commission is aware of them;

Whereas oil imported from Tunisia may not exceed a
given quantity; whereas, therefore, the tolerance provided
for in Article 8 of Commission Regulation (EEC) No
3719/88 of 16 November 1988 laying down common
detailed rules for the application of the system of import
and export licences and advance fixing certificates for
agricultural products (2), as last amended by Regulation
(EC) No 1044/98 (3), should not be applied;

Whereas the Euro-Mediterranean Agreement establishing
an association between the European Communities and
their Member States, of the one part, and the Republic of
Tunisia, of the other part (4), no longer provides for special
arrangements for the importation of olive oil
falling
within CN codes 1509 and 1510 wholly obtained in
Tunisia and imported into the Community direct from
that country outside the quota of 46 000 tonnes at a
reduced rate of duty;

(1) OJ L 128, 30. 4. 1998, p. 20.
(2) OJ L 331, 2. 12. 1988, p. 1.
(3) OJ L 149, 20. 5. 1998, p. 11.
(4) OJ L 97, 30. 3. 1998, p. 2.

HAS ADOPTED THIS REGULATION:

Article 1

falling within CN codes
1. Untreated olive oil
1509 10 10 and 1509 10 90, wholly obtained in Tunisia
and transported direct
to the
Community, which qualifies for the customs duty laid
down in Article 1 of Regulation (EC) No 906/98 may be
imported from 1 March of the 1998/99 marketing year.
Import licences shall be issued for up to 46 000 tonnes
for the 1998/99 marketing year.

from that

country

For the 1998/99 marketing year and without preju-
2.
dice to the limit of 46 000 tonnes, licences may be issued
in accordance with the conditions laid down in Article 2
of Regulation (EC) No 906/98 for up to 10 000 tonnes per
month. However, this quantity shall be reduced to 5 000
the
tonnes for March and 8 000 tonnes for April. If
quantity authorised for one month is not used entirely
during the month in question, the remainder shall be
added to the quantity for the following month, but may
not be carried over thereafter.

3.
For the purposes of calculating the quantity author-
ised each month, where a week begins in one month and
finishes in the following month, it must be considered
part of the month in which the Thursday falls.

Article 2

1. With a view to applying the customs duty referred to
in Article 1 of Regulation (EC) No 906/98, importers
licence application to the
must
the Member States. Such
competent
the
applications must be accompanied by a copy of
purchase contract concluded with the Tunisian exporter.

submit an import
authorities of

(5) OJ L 162, 19. 6. 1997, p. 1.

10. 12. 98

EN

Official Journal of the European Communities

L 335/9

Import licence applications must be submitted on
2.
Mondays and Tuesdays of each week. Member States shall
notify the Commission every Wednesday of the data in
the licence applications received.

Each week the Commission shall draw up a total of
3.
the quantities for which import
licences have been
submitted. It shall authorise the Member States to issue
licences until
the monthly quota is exhausted; where
there is a risk of the monthly quota being exhausted, the
Commission shall authorise the Member States to issue
import licences in proportion to the quantity available.

4. Once the maximum quantity provided for in Regula-
tion (EC) No 906/98 is reached, the Commission shall
inform the Member States.

Article 3

Import licences as provided for in Article 1(2) shall
1.
be valid for 60 days from the date of issue within the
meaning of Article 21(2) of Regulation (EEC) No 3719/
88, which may take place until 31 October 1999.

Licences shall be issued no later than the first working
day following that on which authorisation to that end is
given by the Commission.

The security for import licences shall be ECU 15 per 100
kilograms net.

2.
If the import licence is not used within the time
limit laid down, the security shall be forfeit. However,
each part of a day counting as a full day:

— if the licence is returned to the issuing agency within
the period corresponding to the first two-thirds of its
validity, the security forfeit shall be reduced by 40 %,
— if the licence is returned to the issuing agency within
the period corresponding to the last
its
validity, or within 15 days of its expiry, the security
forfeit shall be reduced by 25 %.

third of

3. Notwithstanding the restrictions on quantity in
Article 1, the quantities on licences returned in accord-
ance with paragraph 2 can be reallocated. The competent
national authorities shall notify the Commission each
Wednesday of the quantities for which licences have been
returned in the preceding seven days.

Article 4

Section 24 of import licences as provided for in Article
1(2) shall bear one of the following entries:

— Derecho de aduana fijado por el Reglamento (CE) no

906/98

— Told fastsat ved forordning (EF) nr. 906/98
— Zoll gem(cid:132)ß Verordnung (EG) Nr. 906/98
— Dasl(cid:149)r pou jahoq(cid:148)stgje ap(cid:149) tom jamomisl(cid:149) (EJ) aqih.

906/98

— Customs duty fixed by Regulation (EC) No 906/98
— Droit de douane fix(cid:130) par le r(cid:138)glement (CE) no 906/98
— Dazio doganale fissato dal regolamento (CE) n. 906/98
— Bij Verordening (EG) nr. 906/98 vastgesteld douaner-

echt

— Direito aduaneiro fixado pelo Regulamento (CE)

nº 906/98

— Asetuksessa (EY) N:o 906/98 vahvistettu tulli
— Tull fastst(cid:132)lld genom f(cid:148)rordning (EG) nr 906/98.

Notwithstanding Article 8(4) of Regulation (EEC) No
3719/88, the quantity released for free circulation may not
exceed that indicated in Sections 17 and 18 of the import
licence. The figure ‘0' shall be entered in Section 19 of
the licence to that end.

Article 5

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, 9 December 1998.

For the Commission

Franz FISCHLER

Member of the Commission