CELEX: 31973R0502
Language: en
Date: 1973-02-20 00:00:00
Title: Regulation (EEC) No 502/73 of the Commission of 20 February 1973 fixing a compensatory amount for imports of certain olive oil originating in or coming from Spain

No L 49 / 20                                Official Journal of the European Communities                              22 . 2 . 73
                                  REGULATION (EEC) No 502/73 OF THE COMMISSION
                                                          of 20 February 1973
               fixing a compensatory amount for imports of certain olive oil originating in or coming
                                                               from Spain
THE COMMISSION OF THE EUROPEAN                                         of the oils originating in or coming from that coun­
COMMUNITIES ,                                                          try ;
Having regard to the Treaty establishing the Euro­                     Whereas for the purpose of calculating this ratio,
pean Economic Community ;                                              the value of oil cake and processing costs shall be
                                                                       taken into account ;
Having regard to Council Regulation No 136/
66 /EEC ( 1 ) of 22 September 1966 on the establish­
ment of a common organization of the market in                         Whereas Article 2 of Regulation No 143 /67/EEC
oils and fats, as . last amended by the Act ( 2 )                      provides that any ban on exports, any charge on
annexed to the Treaty (3 ) concerning the Accession                    exports or any equivalent measure applied to the
of new Member States to the European Economic                          products from which the oil is obtained, is con­
Community and the European Atomic Energy Com­                          sidered to be a measure having equivalent effect to a
munity signed at Brussels on 22 January 1972 ;                         premium or subsidy ;
Having regard to Council Regulation No 143 /
67/EEC (4 ) of 21 June 1967 on the compensatory­                        Whereas offers of large quantities of olive oil
amount applicable to imports of certain vegetable                      falling within subheading No 15.07 A I of the
oils , as last amended by Regulation ( EEC ) No                        Common Customs Tariff originating in or coming
2007/71 ( 5 ) and in particular Article 6 thereof ;                    from Spain on the Community market at low prices ;
                                                                        whereas, moreover, Spain applies a charge on ex­
                                                                        ports of raw materials, in a amount appreciably
Whereas pursuant to the second subparagraph of
                                                                        higher than that of the charge applied on the oils
Article 3 ( 6 ) of Regulation No 136/66/EEC, a
                                                                        in question ;
compensatory amount may be charged ©n imports
of oil falling within heading No 15.07 of the
Common Customs Tariff, excluding olive oil other                        Whereas, in accordance with Articles 1 and 2 of
than that having undergone a refining process and                       Regulation No 283 /67/EEC, offers of oils and raw
falling within subheading No 15.07 A II, where, as                      materials must be converted to the fob stage ;
a result of direct or indirect subsidies or premiums
granted by a third country or of equivalent
measures, the offer prices for such oil do not corres­                  Whereas, these costs must, pursuant to Article 3 of
pond to the prices which would prevail in the                           Commission Regulation No 283 /67/EEC (6) of 11
absence of such measures or practices and where                         July 1967 on detailed rules for the application of the
such a situation creates or is likely to create serious                 compensatory amount applicable to imports of cer­
problems for Community production of the oil in                         tain vegetable oils , as amended by Regulation ( EEC )
question ;                                                              No 501 /73 ( 7 ), should be estimated on the basis of
                                                                         factors which reflect as closely as possible conditions
Whereas Article 1 of Regulation No 143 /67/ EEC                         prevailing in that country ; whereas pursuant to
provides in particular that where prices on importa­                    Article 4 of that Regulation, reference must be made,
tion into the Community of olive oils falling within                    for the purpose of calculating the aforesaid ratio,
subheading No 15.07 A I of the Common Customs                           to the yields in the exporting country or in the
Tariff are, as a result of measures having an effect                    country of origin ; whereas, however, they may
equivalent to a subsidy or premium , in a ratio to                      be estimated on the basis of known average yields
the prices of the raw materials from which they                         for these products ;
have been obtained differing from the ratio which
would exist in the absence of such measures, a                          Whereas the present prices of imports into the
compensatory amount may be charged on imports                           Community of olive oil falling within subheading
                                                                        No 15.07 A I of the Common Customs Tariff origi­
(*)   OJ No   172 , 30 . 9 . 1966 , p . 3025 / 66 .
                                                                        nating in or coming from Spain are appreciably
(2 )  OJ No   L 73 , 27. 3 . 1972 , p. 14 .                             lower than the prices at which that oil might be
(»)   OJ No   L 73 , 27 . 3 . 1972 , p. 5 .
 (4 ) OJ No   125 , 26 . 6 . 1967, p . 2463 / 67 .                      (") OJ No 151 , 13 . 7 . 1967, p. 5 .
 (5 ) OJ No   L 220, 30 . 9 . 1971 , p. i .                             ( 7 ) See p. 18 of this Official Journal .
 ---pagebreak--- 22. 2. 73                          Official Journal of the European Communities                          No L 49 /21
offered if it had been obtained from raw materials            Common Customs Tariff             for which   a  price
at a price corresponding to the price at which raw            disparity has been recorded ;
materials are offered in the Community ; whereas
therefore these prices are, as the result of a measure        Whereas the Management Committee for Oils ant!
having an effect equivalent to a subsidy or premium           Fats has not delivered an opinion within the time
taken by Spain, in a ratio to the prices of the raw           limit set by its Chairman ;
materials different from the ratio which would exist
in the absence of such a measure ;
                                                              HAS ADOPTED THIS REGULATION :
Whereas this creates serious problems for the
Community processing industry, and whereas these                                      Article 1
problems could become worse in the future ;
whereas it therefore appears necessary to fix a               The Member States shall apply to 'imports of olive
compensatory amount for imports of olive oil                  oils falling within subheading No 15.07 A I of the
falling within subheading No 15.07 A I of the                 Common Customs Tariff, originating in or coming
Common Customs Tariff originating in or coming                from Spain, a compensatory amount equal to :
from Spain ;
                                                              8-5 u . a/ 100 kg for packages not exceeding 0-916
Whereas pursuant to Article 3 of Regulation No                kg,
143/67/EEC such compensatory amount may not
exceed the incidence of the measure taken by that            4-5 u.a./ lOO kg for packages not exceeding 5 kg.
country on the price ratio ; whereas this incidence
corresponds to the aforesaid price disparity ;                                        Article 2
Whereas, in application of Article 4 of Regulation            This Regulation shall enter into force on the third
No 143/67/EEC, this amount should apply to any                day following its publication in the Official Journal
oil falling within subheading No 15.07 A I of the            of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 20 February 1973 .
                                                                        For the Commission
                                                                            The President
                                                                      Francois-Xavier ORTOLI