CELEX: 31969R0153
Language: en
Date: 1969-01-27 00:00:00
Title: Regulation (EEC) No 153/69 of the Commission of 27 January 1969 on detailed rules concerning the advance fixing of the import levy on olive oil

24                                      Official Journal of the European Communities
No L 22 /2                              Official Journal of the European Communities                                29.1.69
                                  REGULATION (EEC) No 153 /69 OF THE COMMISSION
                                                      of 27 January 1969
                      on detailed rules concerning the advance fixing of the import levy on olive oil
THE    COMMISSION          OF     THE   EUROPEAN      COM­         Whereas the measures provided for in this Regulation
MUNITIES,                                                          are in accordance with the Opinion              of the
                                                                   Management Committee for Oils and Fats ;
Having regard to the Treaty establishing the
European Economic Community ;                                      HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation No
136/66/EEC1 of 22 September 1966 on the                                                     Article 1
establishment of a common organisation of the
market in oils and fats, as last amended by                        1 . The amount of the deposit referred to in Article
Regulation (EEC) ' No 2146/68 ,2 and in particular                 2 of Regulation (EEC) No 19/69 shall be 4 units of
Article 16 (2) thereof;                                            account per 100 kilogrammes net of oliVe oil .
Having     regard       to      Council    Regulation     No       2. The deposit may be lodged in cash or in the
162/66/EEC3 of 27 October 1966 on trade in oils and                form of a guarantee conforming to the criteria laid
fats between the Community and Greece, and in                      down by each Member State.
particular Article 8 thereof;
                                                                                           Article 2
Whereas Council Regulation (EEC) No 19/694 of 20
December 1968 on the advance fixing of the levy on
imports of olive oil laid down general rules for the               1.    The whole deposit shall be forfeited if the
advance fixing of the levy;                                        quantity of olive oil imported during the period of
                                                                   validity of the advance fixing does not amount to at
                                                                   least 5% of the quantity shown on the import
Whereas Article 2 of Regulation ( EEC) No 19/69                    licence .
provides that applications for the advance fixing of
the levy must be accompanied by a deposit which,                   2.    Part of the deposit shall be forfeited if the
except in case of force majeure, is forfeited in whole             quantity of olive oil imported during that period of
or in part if importation is not effected within the               validity is 5% or more but less than 95% of the
period specified in that Regulation ; whereas to this              quantity shown on the import licence. In such cases
end the deposit system — the amount of the deposit                 the proportion of the deposit to be forfeited shall be
and the conditions under which it may be forfeited                 calculated on the basis of the difference between the
— should be defined ;                                              quantity shown on the licence, less 5% , and the
                                                                   quantity imported .
Whereas , in view of normal practice in the olive oil
trade, provision should be made for a certain margin
between the quantity imported and the quantity in                                           Article 3
respect of which the application for advance fixing
was lodged ;                                                        1 . If importation cannot be effected during the
                                                                    period of validity of the advance fixing for reasons of
                                                                    force majeure, the Member State concerned shall
1 OJ  No  172, 30.9.1966, p. 3025/66 .                              decide that the obligation to import is annulled and
2 OJ  No  L 314, 31.12.1968, p. 1 .                                 that the deposit shall not be forfeited. However, if
3 OJ  No  197, 29.11.1966, p. 3393/66.                              the party concerned so requests, the Member State
4  OJ No  L 3 , 7.1.1969, p . 2 .                                   may extend the period of validity of the advance
 ---pagebreak---                                   Official Journal of the European Communities                                  25
fixing for as long as is considered necessary in view        was indicated to the competent authority at least
of the circumstances invoked .                               seven days before the case of force majeure occurred.
Where the period of validity of the advance fixing is        3.     Member States shall notify the Commission of
extended, the amount of the levy fixed in advance            the circumstances which they consider to constitute
shall be corrected on the basis of the threshold pricc       cases of force majeure.
in force during the month of importation .
2 . If a circumstance affecting the exporting                                        Article 4
country is invoked as a case of force majeure, that
circumstance cannot be recognised as such unless the •       This Regulation shall enter into force on 10 February
exporting country was entered on the certificate or          1969 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 27 January 1969 .
                                                                                  For the Commission
                                                                                      The President
                                                                                         Jean REY