Commission Regulation (EC) No 538/2004 of 23 March 2004 reducing the import quota for olive oil for April 2004 under the Tunisian tariff quota
Date: 2004-03-23
Institutions: European Commission
Subjects: Tunisia, import restriction, olive oil, tariff quota

L 86/18

EN

Official Journal of the European Union

24.3.2004

COMMISSION REGULATION (EC) No 538/2004

of 23 March 2004

reducing the import quota for olive oil for April 2004 under the Tunisian tariff quota

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 Com-
munity and the Republic of Tunisia concerning reciprocal liber-
alisation measures and amendment of the Agricultural Proto-
cols 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 organisa-
tion of the market in oils and fats (2),

Having regard to 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 dero-
gating from certain provisions of Regulations (EC) No 1476/95
and (EC) No 1291/2000 (3), and in particular Article 2(3) and
(4) thereof,

Whereas:

(3)

(4)

(5)

(6)

Applications were submitted on 16 and 17 February
2004 to the competent French and Italian authorities in
accordance with Article 2(2) of Regulation (EC) No 312/
licences covering a total quantity
2001 for
exceeding the limit of 1 000 tonnes laid down for
February.

import

Under the circumstances, the Commission set by Regu-
lation (EC) No 293/2004 (5) a percentage allocation of
14,20 % to allow licences to be issued in proportion to
the quantity available.

The Italian version of Regulation (EC) No 293/2004
incorrectly states a percentage allocation of 91,49 %
instead of 14,20 %. The Italian authorities accordingly
issued licences for 91,49 % of the quantity available. The
quantity delivered as a result exceeded the availability for
February 2004 by 135,24 tonnes.

The quota for April 2004 must accordingly be reduced
by that excess quantity, i.e. 135,24 tonnes, so bringing
the quota for that month to 7 864,76 tonnes instead of
the 8 000 tonnes laid down by Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

(1)

Article 3(1) and (2) of Protocol No 1 to the Euro-Medi-
terranean 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) opens a tariff quota, at a zero rate of duty, for
imports of untreated olive oil falling within CN codes
1509 10 10 and 1509 10 90 wholly obtained in Tunisia
and transported directly from Tunisia to the Community,
up to the limit laid down for each year.

The import quota for olive oil under the Tunisian tariff quota
for April 2004 shall be 7 864,76 tonnes, without prejudicing
the possibility provided for in the second subparagraph of
Article 1(2) of Regulation (EC) No 312/2001 of using any oil
from the previous month once this quota is
left over
exhausted.

(2)

Article 1(2) of Regulation (EC) No 312/2001 also lays
down the maximum monthly quantities covered by the
licences to be issued.

(1) OJ L 336, 30.12.2000, p. 92.
(2) OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by

Regulation (EC) No 1513/2001 (OJ L 201, 26.7.2001, p. 4).

(3) OJ L 46, 16.2.2001, p. 3. Regulation as amended by Regulation

(EC) No 406/2004 (OJ L 67, 5.3.2004, p. 10).

(4) OJ L 97, 30.3.1998, p. 1.

Article 2

This Regulation shall enter into force on 24 March 2004.

It shall apply from 29 March 2004.

(5) OJ L 50, 20.2.2004, p. 11.

24.3.2004

EN

Official Journal of the European Union

L 86/19

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

Done at Brussels, 23 March 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General