Commission Regulation (EC) No 251/2000 of 1 February 2000 laying down detailed rules of application for the importation of olive oil originating in Tunisia
Date: 2000-02-01
Institutions: European Commission
Subjects: Tunisia, import, olive oil, originating product

L 26/8

EN

Official Journal of the European Communities

2. 2. 2000

COMMISSION REGULATION (EC) No 251/2000

of 1 February 2000

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2798/1999 of 17
December 1999 laying down general rules for the import of
olive oil originating in Tunisia for the period 1 January to 31
December 2000 and repealing Regulation (EC) No 906/98 (1),
and in particular Article 1 thereof,

Whereas:

(1)

(2)

(3)

(4)

current

and foreseeable

Pursuant to Article 1 of Regulation (EC) No 2798/1999,
the arrangements for opening and managing the quota
for imports of olive oil originating in Tunisia should be
laid down. The
situation
regarding the supply of olive oil to the Community
market permits the planned quantity to be disposed of.
The risk of disturbing the market is reduced provided
imports are not concentrated in a short period of the
1999/2000 marketing year. Provision should be made
for import licences to be issued during that marketing
year according to a monthly schedule.

For the sound management of the quantity in question,
a mechanism must be created that encourages the opera-
tors to return immediately to the issuing agency licences
that they will not use. 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 reused and so that
the Commission is aware of them.

Oil
imported from Tunisia may not exceed a given
quantity. 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
import and export
the system of
licences and advance fixing certificates for agricultural
products (2), as last amended by Regulation (EC) No
1127/1999 (3), should not be applied.

The Euro-Mediterranean Agreement establishing an asso-
ciation 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 340, 31.12.1999, p. 1.
(2) OJ L 331, 2.12.1988, p. 1.
(3) OJ L 135, 29.5.1999, p. 48.
(4) OJ L 97, 30.3.1998, p. 2.

HAS ADOPTED THIS REGULATION:

Article 1

Untreated olive oil falling within CN codes 1509 10 10
1.
and 1509 10 90, wholly obtained in Tunisia and transported
direct from that country to the Community, which qualifies for
the customs duty laid down in Article 1 of Regulation (EC) No
2798/1999 may be imported from 1 March of the 1999/2000
marketing year.
licences shall be issued for up to
46 000 tonnes for the 1999/2000 marketing year.

Import

2.
For 1999/2000, without prejudice to the limit of 46 000
tonnes laid down for the tariff quota bearing the serial number
09.4032, licences may be issued in accordance with the condi-
tions laid down in Article 1 of Regulation (EC) No 2798/1999
for up to 10 000 tonnes per month. However, this quantity
shall be reduced to 5 000 tonnes for March and 8 000 tonnes
for April. If the 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 authorised
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 2798/1999, importers must
submit an import licence application to the competent authori-
ties of the Member States. Such applications must be accompa-
nied by a copy of the purchase contract concluded with the
Tunisian exporter.

Import

2.
submitted on
licence applications must be
Mondays and Tuesdays of each week. Member States shall
notify the Commission every Wednesday of the data in the
licence applications received. However, no applications may be
submitted from November to the following February, inclusive.

3.
Each week the Commission shall draw up a total of 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 propor-
tion to the quantity available.

2. 2. 2000

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Official Journal of the European Communities

L 26/9

Once the maximum quantity provided for in Regulation
4.
(EC) No 2798/1999 is reached, the Commission shall inform
the Member States.

Article 3

1.
Import licences as provided for in Article 1(1) shall 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 2000.

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 EUR 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 third of its validity, or
within 15 days of its expiry, the security forfeit shall be
reduced by 25 %.

3.
Notwithstanding the restrictions on quantity in Article 1,
the quantities on licences returned in accordance with para-
graph 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(1)
shall bear one of the following entries:

‘Derecho de aduana fĳado por el Reglamento (CE) no 2798/
1999

Told fastsat ved forordning (EF) nr. 2798/1999

Zoll gemäß Verordnung (EG) Nr. 2798/1999

∆ασµός που καθορίστηκε από τον Κανονισµό (ΕΚ) αριθ. 2798/
1999

Customs duty fixed by Regulation (EC) No 2798/1999

Droit de douane fixé par le règlement (CE) no 2798/1999

Dazio doganale fissato dal regolamento (CE) n. 2798/1999

Bĳ Verordening (EG) nr. 2798/1999 vastgesteld douaner-
echt

Direito aduaneiro fixado pelo Regulamento (CE) n.o 2798/
1999

Asetuksessa (EY) N:o 2798/1999 vahvistettu tulli

Tull fastställd genom förordning (EG) nr 2798/1999’.

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.

It shall apply from 1 January 2000.

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

Done at Brussels, 1 February 2000.

For the Commission

Franz FISCHLER

Member of the Commission