Commission Regulation (EC) No 312/2001 of 15 February 2001 laying down detailed rules of application for the importation of olive oil originating in Tunisia and derogating from certain provisions of Regulations (EC) No 1476/95 and (EC) No 1291/2000
Date: 2001-02-15
Institutions: European Commission
Subjects: Tunisia, import, import licence, olive oil, originating product, tariff quota

16.2.2001

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Official Journal of the European Communities

L 46/3

COMMISSION REGULATION (EC) No 312/2001

of 15 February 2001

laying down detailed rules of application for the importation of olive oil originating in Tunisia and
derogating from certain provisions of Regulations (EC) No 1476/95 and (EC) No 1291/2000

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Decision 2000/822/EC of 22
December 2000 on the conclusion of an Agreement in the
form of an Exchange of Letters between the European
Community and the Republic of Tunisia concerning reciprocal
liberalisation measures and amendment of
the Agricultural
Protocols to the EC/Tunisia Association Agreement (1),

Having regard to Council Regulation No 136/66/EEC of 22
September 1966 on the establishment of a common organ-
isation of the market in oils and fats (2), as last amended by
Regulation (EC) No 2826/2000 (3),

Whereas:

(1)

(2)

(3)

(4)

(5)

Decision 2000/822/EC introduces a special
scheme
under Article 3 of Protocol 1 of the Agreement for the
import into the Community, at a zero rate of duty, of a
quota of olive oil falling within CN codes 1509 and
1510, wholly obtained in Tunisia and transported direct
from there to the Community.

The supply of olive oil to the Community market allows
the proposed quantity to be disposed of in principle
without disturbing the market, provided that
the
imports are not concentrated in a short period of the
marketing year but are instead staggered between
January and October. Provision should be made for
import licences to be issued in the period in question
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 re-used.

imported from Tunisia under the special scheme
Oil
may not exceed a given quantity. Therefore, the toler-
ance laid down in Article 8 of Commission Regulation
(EC) No 1291/2000 of 9 June 2000 laying down
common detailed rules for the application of the system
of import and export licences and advance fixing certi-
ficates for agricultural products (4) should not be applied.

Special detailed rules relating to the imports should be
laid down. It is necessary in particular to fix the term of
validity of the licences and the amount of the applicable

(1) OJ L 336, 30.12.2000, p. 92.
(2) OJ 172, 30.9.1966, p. 3025/66.
(3) OJ L 328, 23.12.2000, p. 2.
(4) OJ L 152, 24.6.2000, p. 1.

security, notwithstanding Article 3 of Commission
Regulation (EC) No 1476/95 (5).

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

From 1 January each year, the quota of untreated olive oil
1.
falling within CN codes 1509 10 10 and 1509 10 90 wholly
obtained in Tunisia and transported direct from that country to
the Community, which is provided for in Article 3 of Protocol
1 to 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, may be imported at a zero rate of duty. The import
licences shall be issued up to the quota limit laid down for each
year.

2.
For each year and without prejudice to the limit laid
down for the tariff quota bearing the serial No 09.4032,
licences may be issued in accordance with the conditions laid
down in the first paragraph, up to a limit of:

— 1 000 tonnes for each month of January and February,

— 4 000 tonnes for the month of March,

— 8 000 tonnes for the month of April,

— 10 000 tonnes for each month from May to October.

If one of the monthly quantities referred to in the preceding
paragraph is not used entirely in the month in question, what
remains of this quantity can be used the following month, once
the quantity for that month has been exhausted, but may not
be carried over thereafter.

For the purposes of calculating the quantity authorised
3.
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 exemption from customs
duty referred to in Article 1, importers must submit an import
licence application to the competent authorities of the Member
States. Such applications must be accompanied by a copy of
the purchase contract concluded with the Tunisian exporter.

(5) OJ L 145, 29.6.1995, p. 35.

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Official Journal of the European Communities

16.2.2001

Import

submitted on
licence applications must be
2.
Mondays and Tuesdays of each week and the Member States
shall notify the Commission the following working day of the
information contained therein.

The Commission shall draw up a weekly total of the
3.
quantities for which import
licences have been submitted.
Where there is a risk of the monthly quota being exhausted,
the Commission shall limit the issue of licences in proportion
to the quantity available and, if appropriate, shall inform the
Member States that the maximum quantity laid down for the
year has been reached.

4.
The licences shall be issued on the third working day
following that of the notification referred to in paragraph 2,
provided that the Commission has not taken any measures
within that period.

Article 3

Import licences as provided for in Article 1(1) shall be
1.
valid for 60 days from the date of issue within the meaning of
Article 23(2) of Regulation (EC) No 1291/2000.

Section 20 of import licences as provided for in Article

2.
1(2) shall bear one of the following entries:

‘Derecho de aduana fijado por la Decisión 2000/822/CE del
Consejo

Told fastsat ved Rådets afgørelse 2000/822/EF

Zoll gemäß Beschluss 2000/822/EG des Rates

∆ασµός που καθορίστηκε από την απόφαση του Συµβουλίου
2000/822/ΕΚ

Customs duty fixed by Council Decision 2000/822/EC

Droit de douane fixé par la décision du Conseil 2000/
822/CE

Dazio doganale fissato dalla decisione 2000/822/CE del
Consiglio

Bĳ Besluit 2000/822/EG van de Raad vastgesteld douane-
recht

Direito aduaneiro fixado pela Decisão 2000/822/CE do
Conselho

Neuvoston päätöksessä 2000/822/EY vahvistettu tulli

Tull fastställd genom rådets beslut 2000/822/EG’

3.
Notwithstanding Article 8(4) of Regulation (EC) No
1291/2000, 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 4

the
Notwithstanding Regulation (EC) No 1476/95,
1.
security for import licences shall be EUR 15 per 100 kg net.

Notwithstanding Article 35(2) of Regulation (EC) No

2.
1291/2000:

— 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. When notifying the weekly quant-
ities referred to in Article 2(2), the competent national authori-
ties shall also notify the Commission of the quantities for
which licences have been returned since the date of
the
previous notification to this effect.

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 2001.

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

Done at Brussels, 15 February 2001.

For the Commission

Franz FISCHLER

Member of the Commission