CELEX: 31976R1046
Language: en
Date: 1976-05-04 00:00:00
Title: Commission Regulation (EEC) No 1046/76 of 4 May 1976 on detailed rules for the implementation of the special measures for the determination of offers of olive oil on the world market and the Greek market

6 . 5 . 76                                Official Journal of the European Communities                           No L 119 /7
                                     COMMISSION REGULATION (EEC) No 1046/76
                                                          of 4 May 1976
               on detailed rules for the implementation of the special measures for the deter­
                 mination of offers of olive oil on the world market and the Greek market
THE COMMISSION OF THE EUROPEAN                                       Whereas the special detailed rules for the application
COMMUNITIES,                                                         of the system of import licences were laid down by
Having regard to the Treaty establishing the European                Commission Regulation (EEC) No 2041 /75 ; whereas
Economic Community,                                                  this Regulation must be supplemented by the special
                                                                     provisions necessary for the application of the system
Having regard to Council Regulation No 136/66/EEC                    of levy fixed by tendering procedure in the olive oil
of 22 September 1966 on the establishment of a                       sector ;
common organization of the market in oils and
fats (*), as last amended by Regulation (EEC) No
                                                                     Whereas these special provisions either complement
1707/73 (2),
                                                                     or derogate from those of Commission Regulation
Having regard to Council Regulation No 162/66/ EEC                   (EEC) No 193/75 (8) of 17 January 1975, as amended
of 27 October 1966 on trade in oils and fats between                 by Regulation (EEC) No 499/76 (9) ;
the Community and Greece (3),
Having regard to Council Regulation (EEC) No                         Whereas all imports of olive oil become subject to the
601 /76 of 15 March 1976 laying down special                         tendering procedure from the time when the Commis­
measures in particular for the determination of the                  sion decides to use it ;
offers of olive oil on the world market (4), and in parti­
cular Article 4 thereof,
                                                                     Whereas, under Article 10 of Commission Regulation
Having regard to Council Regulation (EEC) No                         (EEC) No 2041 /75, no application for an import
602/76 of 15 March 1976 laying down special                          licence is required in respect of imports of products in
measures in particular for the determination of the                  the olive oil sector not exceeding 100 kilogrammes,
offers of olive oil on the Greek market (5), and in parti­           although such imports remain subject to the levy ;
cular Article 5 thereof,                                             whereas, for the sake of administrative simplicity, this
                                                                     provision should be retained ;
Whereas, under Article 2 of Regulations (EEC) No
601 /76 and (EEC) No 602/76, when fixing the levies
by tendering procedure, the persons concerned shall,                 Whereas, in certain Member States, traders bring in
at regular intervals, submit an application for an                   imports which involve small quantities ; whereas if
import licence ; whereas in order to ensure that the                 such traders had to submit their offers under the
system referred to in the said Article 2 is applied                  tendering procedure, the administrative load of the
uniformly, these applications should be submitted                    competent bodies in the Member States would be
twice monthly to enable the minimum levy to enter                    increased, without there being any improvement in
into force on the first and 16th days of each month ;                their knowledge of the market situation ; whereas the
Whereas the special security should be fixed at a level              tendering procedure should be applied only to applica­
which permits the procedure referred to in Article 2                 tions for licences relating to quantities of the product
of Regulations ( EEC) No 601 /76 and (EEC) No                        in question in excess of 1 000 kg ;
602/76 to work properly ; whereas, to simplify the
administration, this special security should replace the             Whereas in order to avoid any risk of disturbance of
one provided for in Article 7 of Commission Regula­                  the Community market a levy should be charged in
tion (EEC) No 2041 /75 of 25 July 1975 (6), as last                  the two cases referred to above ; whereas imports not
 amended by Regulation (EEC) No 3020/75 (7) ;                        exceeding 1 000 kg should be made subject to the
Whereas in order to ensure that the minimum levy is                  minimum levy applicable on the day of importation
 fixed at a level as near as possible to that resulting              for each of the categories of olive oil in question ;
 from the actual trend of the market, the matters to be
 taken into consideration when fixing such a levy                    Whereas certain imports will take place under
 should be defined ;                                                  licences applied for before the entry into force of the
                                                                      Decision referred to in Article 1 during the currency
 (')  OJ No  172, 30 . 9 . 1966, p. 3025/ 66.                        of the tendering procedure ; whereas, in order to
 (2 ) OJ No  L 175, 29 . 6 . 1973 , p. 5 .                           ensure that these operations are carried out in condi­
 (3 ) OJ No  197, 29 . 10 . 1966, p . 3393/ 66 .
 (4)  OJ No  L 72, 18 . 3 . 1976, p. 1 .                             tions which permit the import system to work prop­
 (5 ) OJ No  L 72, 18 . 3 . 1976, p . 3 .
 (<>) OJ No  L 213 , 11 . 8 . 1975, p . 1 .                          (8) OJ No L 25, 31 . 1 . 1975, p. 10.
 (7)  OJ No  L 299, 19 . 11 . 1975, p. 11 .                          O OJ No L 59 , 6 . 3 . 1976, p. 18 .
 ---pagebreak--- No L 119 / 8                       Official Journal of the European Communities                               6 . 5 . 76
erly, they should be subject to the last levy valid           offered by each applicant in respect of the quantity of
before such period, adjusted by reference to the thres­       the product to be imported.
hold price valid at the time of import ;
                                                              This security shall replace the one provided for in
Whereas the measures provided for in this Regulation          Article 7 of Regulation (EEC) No 2041 /75.
are in accordance with the opinion of the Manage­
ment Committee for Oils and Fats ,                            2. The security shall be released forthwith where no
                                                              import licence is issued.
HAS ADOPTED THIS REGULATION :
                                                              3 . When the statement referred to in Article 2 (2)
                                                              of Regulations (EEC) No 601 /76 and (EEC) No
                                                              602/76 relates to products covered by the Decision
                         Article 1                            referred, to in Article 1 which fall within a part of a
As soon as the conditions referred to in Article 2 of         tariff subheading, Section 7 of the application for the
Regulations (EEC) No 601 /76 and (EEC) No 602/76              import licence and the licence shall show the descrip­
are satisfied , the Commission shall issue a Decision         tion of the product in accordance with that Decision
                                                              and the Common Customs Tariff number contained
opening the tendering procedure referred to in the
said Article in respect of the products concerned. The
                                                              in Section 8 shall be preceded by an 'ex'.
Decision of the Commission shall be published forth­
                                                                                      Article 4
with in the Official Journal of the European Commu­
nities.
                                                              1 . The determination by the Commission of the
                                                              minimum rate of levy shall be in units of account per
                         Article 2                            100 kg for each of the products and shall be based on
                                                              an examination of the situation :
1 . Applications for import licences shall be
submitted to the competent agencies in the Member             — both in the world or Greek market (whichever is
States during the first seven days of and between the              appropriate),
16th and 23rd days of each month .                            — and in the Community market,
2.    Sections 13 and 14 of the application for the           and also of the rates of levy indicated (if any) by the
                                                              tenderer.
licence shall indicate the third country from which
the product comes.                                            In the case of products other than olive oil, the
                                                              Commission shall also take into account their oil
The licence shall carry the obligation to import from         content .
the third country so indicated. Nevertheless, the
person concerned may furnish this information within          2.     The minimum levy shall be fixed so that it
15 days of the entry into force of the minimum levy.          enters into force :
3 . The statement referred to in Article 2 (2) of Regu­       — on the 16th day of each month, for those applica­
lations (EEC) No 601 /76 and (EEC) No 602/76 shall                 tions submitted during the first seven days of the
indicate :                                                         relevant month,
(a) the description of the product concerned,                 — the first day of each month, for those applications
(b) the quantity of the product, and if known, the                 submitted between the 16th and 23rd day of the
     quality of olive oil in question, and                         preceding month .
(c) the rate of the levy per 100 kg of oil which the                                   Article 5
     applicant undertakes to pay at the time of import.
                                                               1.    Section 20 of the licence shall contain one of the
4. The rate of the levy referred to in paragraph 3
shall be expressed in the national currency of the            following endorsements :
Member State in which the application is lodged .             — Rate of levy applicable (in national currency) per
                                                                   100 kg ;
5.    The Member States shall communicate to the
Commission by telex not later than the second
                                                              — Gældende afgiftssats (i national valuta) pr. 100 kg ;
working day following the final date for the submis­          — Gültiger Abschöpfungssatz (in Landeswährung) je
sion of applications, the total number of applications             1 00 kg ;
submitted under paragraph 1 and, in respect of each           — Taux du prélèvement applicable (en monnaie
such application , the information required under para­            nationale) par 100 kg ;
graph 3 .                                                     — Tasso del prelievo applicabile (in moneta nazio­
                                                                   nale) per 100 kg ;
                         Article 3                            — Toe te passen heffing (in nationale valuta) per 100
                                                                   kg­
 1.    The rate of the special security referred to in
Article 2 (2) of Regulations (EEC) No 601 /76 and              2. For products falling within subheading 23.04 A
(EEC) No 602/76 shall be equal to 15 % of the levy             of the Common Customs Tariff, Section 7 of the appli­
 ---pagebreak--- 6 . 5 . 76                         Official Journal of the European Communities                          No L 119/9
cation for the licence and the licence shall indicate                                Article 8
that the oil content exceeds 3 % and the Common
Customs Tariff number contained in Section 8 shall            1 . This Regulation shall not apply to imports of
be preceded by an 'ex'.                                       1 000 kg or less. Such imports, excluding imports of
                                                              100 kg or less, shall be subject to the system of
                        Article 6                             licences laid down in Regulations (EEC) No 193/75
                                                              and (EEC) No 2041 /75.
The import licence shall be issued as soon as the infor­
mation referred to in Article 2 (2) has been furnished,       2. For as long as the tendering procedure referred
and at the latest on the 15th day following the entry         to in Article 1 applies, the imports referred to in the
into force of the minimum levy.                               first sentence of the preceding paragraph shall be
                                                              subject to the last minimum levy fixed prior to the
The certificate shall be valid with effect from its actual    day of importation .
date of issue until the end of the third month
following the month of issue.                                                        Article 9
                        Article 7                             The provisions of this Regulation shall not apply to
Products in respect of which import licences have             those products falling within subheading ex 23.04 A
                                                              of the Common Customs Tariff which have an oil
been applied for before the date of opening of the            content of 3 % or less .
tendering procedure, and which are imported during
the currency of that procedure, shall be subject to the
last levy valid before such period, adjusted by refer­                               Article 10
ence to the threshold price valid at the time of
import.                                                       This Regulation shall enter into force on the seventh
                                                              day following its publication in the Official Journal
 However, at the request of the person concerned, such         of the European Communities.
 licences may be cancelled and the relevant securities
 released forthwith .                                         It shall apply until 31 October 1976 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 4 May 1976.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission