CELEX: 31974R0103
Language: en
Date: 1974-01-16 00:00:00
Title: Regulation (EEC) No 103/74 of the Commission of 15 January 1974 fixing the import levies on olive oil

No L 13 / 20                                Official Journal of the European Communities                                 16 . 1 . 74
                                    REGULATION (EEC) No 103/74 OF THE COMMISSION
                                                              of 15 January 1974
                                                     fixing the import levies on olive oil
THE COMMISSION OF THE EUROPEAN                                            Whereas the threshold price and the standard
COMMUNITIES,                                                               amount are fixed by the Council every year ; whereas
                                                                           they have been fixed for the 1973 /74 marketing
Having regard to the Treaty establishing the Euro­                        year by Council Regulation ( EEC) No 3207/73 (8)
pean Economic Community ;                                                  of 27 November 1973 fixing the threshold price for
                                                                           olive oil for the 1973 /74 marketing year and by
Having regard to Council Regulation No 136/66/                             Council Regulation ( EEC ) No 3210/73 (9) of
EEC ( J ) of 22 September 1966 on the establishment                       27 November 1973 on the standard amount for unre­
of a common organization of the market in oils and                        fined olive oil produced entirely in Greece and trans­
fats, as last amended by Regulation ( EEC ) No                            ported directly from that country into the Commu­
1707/73 ( 2), and in particular Article 13 (4) thereof ;                  nity ;
Having regard to Council Regulation No 162/66/                            Whereas the Commission determines the cif price
EEC (3 ) of 27 October 1966 on trade in oils and fats                     and the free-at-frontier price in relation to a Com­
between the Community and Greece, and in particu­                         munity frontier crossing point ; whereas this cross­
lar Articles 3 (4) and 9 thereof ;                                        ing point was fixed by Council Regulation No 165/
                                                                           66/EEC ( 10) of 27 October 1966 on price measures to
Having regard to Council Regulation ( EEC ) No 443 /                       be applied to olive oil for the 1966/67 marketing
72 (4) of 29 February 1972 on the levies on refined                        year ;
olive oil and on certain products containing olive
oil, and in particular Article 9 thereof ;                                 Whereas those prices must be established on the
                                                                           basis of the most favourable actual purchasing oppor­
Having regard to Council Regulation (EEC ) No                              tunities ; whereas the Commission must, theoreti­
2165/70 (5 ) of 27 October 1970 on imports of olive                       cally, take into account all offers for olive oil of the
oil from Tunisia, as amended by Regulation (EEC )                          types listed in 1 and 4 of the Annex to Regulation
No 2277/71 (6 ), and particular Article 5 thereof ;                       No 136/66/ EEC made on the world market and on
                                                                          the Greek market ; whereas, if there are no such of­
Having regard to Council Regulation ( EEC) No 463 /                        fers or if such offers are not representative, the Com-:
71 (7) of 1 March 1971 on imports of olive oil from                        mission must take account of all offers made on the
Morocco, as amended by Regulation ( EEC) No 2277/                          wholesale markets in the Community which are
71 , and in particular Article 5 thereof ;                                 representative for the importation ( from the world
                                                                           market and the Greek market) of these oils ;
Having regard to the Opinion of the Monetary Com­
mitee ;
                                                                          Whereas Article 2 (2 ) of Commission Regulation
Whereas Article 13 of Regulation No 136/66/EEC                             (EEC) No 1004/71 ( n ) of 14 May 1971 , amended by
and Article 3 of Regulation No 162/66/EEC requires                         Regulation ( EEC) No 486/73 ( 12 ), on the fixing
the Commission to fix a levy on unrefined olive oil                        of levies on unrefined olive oil provides, however,
imported into the Community ;                                             that the Commission must disregard offers for pro­
                                                                          ducts of mediocre quality, long-dated offers, and of­
Whereas, in the case of imports subject to Article 13                     fers for small lots and lots presented in small con­
of Regulation No 136/66/EEC and to Article 9 of                            tainers ; whereas offers which are considered not to
Regulation No 162/66/EEC, the levy is equal to the                        be representative of the real trend of the market and
difference between the threshold price and the cif                        those to which Article 13 ( 3 ) of Regulation No 136/
price ; whereas, in the case of imports subject to                        66/EEC applies must also be disregarded ;
Article 3 of Regulation No 162/66/EEC, the levy is
equal to the difference between the threshold price                       Whereas, if no offers of the type mentioned above
and the free-at-frontier price, less a standard                           have been made or if the offers made cannot be
amount ;                                                                  considered, the prices ruling on the domestic mar­
                                                                          kets of the main oil-producing and oil-exporting
                                                                          third countries and on the Greek market should be
(*) OJ  No   172, 30. 9. 1966, p. 3025/66.
(*) OJ  No   L 175 , 29 . 6 . 1973 , p . 5 .
(3) OJ  No   197, 29 . 10. 1966, p . 3393/66.                             ( 8) OJ No L 327, 28 . .11 . 1973 , p . 13 .
(4) OJ   No  L 54, 3 . 3. 1972, p . 3 .                                   (") OJ No L 327, 28 . 11 . 1973 , p . 17 .
(5) OJ  No   L 238, 29. 10. 1970, p . 4.                                  ( ,0) ÓJ No 197, 29 . 10. 1966, p . 3399/66 .
(®) OJ  No   L 241 , 27. 10 . 1971 , p . 2 .                              (") OJ No L 109 , 15 . 5 . 1971 , p . 17 .
(7) OJ   No  L 53 , 5 . 3 . 1971 , p. 9 .                                 ( 12 ) OJ No L 48 , 21 . 2 . 1973 , p . 10 .
 ---pagebreak---  16. 1 . 74                           Official Journal of the European Communities                          No L 13 / 21
taken into account for the purpose of determining                equivalence for the different types and qualities of
the cif price and the free-at-frontier price ; whereas           unrefined olive oil, as last amended by Regulation
in such cases those prices should be increased by                (EEC) No 992/72 (2) ; whereas, in exceptional cir­
 marketing, loading, transport and insurance costs ;             cumstances, different or derived coefficients of equi­
                                                                 valence may be applied for a limited period ;
Whereas, of the offers taken into consideration , c
 and f offers should, pursuant to Article 4 of Regu­             Whereas a comparison of the information thus ob­
lation (EEC) No 1004/71 , be increased by 1 %> ;                 tained makes it possible to determine the most fa­
whereas cif offers for frontier crossing points other            vourable offers on both the world market and on
than the one referred to above should be adjusted for             the Greek market ;
transport and insurance costs ; whereas offers for
delivery fas, fob or otherwise should be increased by
transport and insurance costs from the point of ship­
ment or loading to the abovementioned frontier                   Whereas, if no offer can be considered for the pur­
crossing point and, in the case of fas offers, by load­          pose of determining the cif price and the free-at­
ing costs ;                                                      frontier price, the price previously taken into ac­
                                                                 count should be maintained ;
Whereas, if the offers taken into consideration are
offers on the Community market, they should be re­               Whereas, when the levies on refined ( olive) oil, on
duced by unloading or disembarkation costs, import               olives falling within subheadings Nos 07.01 N II and
duties and levies and, where appropriate, by for­                07.03 A II and on the products listed in Article 1 (2)
 warding or other costs incurred from the cif or free­            ( e) of Regulation No 136/ 66/EEC are being calcu­
at-frontier stage to the marketing stage for which               lated, the adjustment provided for in Articles 2, 3 , 5
the offers were made :                                            ( 1 ) and Article 6 of Regulation (EEC) No 443/72
                                                                 should be applied to the levies previously defined
                                                                 and , in the case of those same products produced
                                                                 entirely in Greece and transported directly from that
                                                                 country into the Community, the adjustments pro­
Whereas, for the purpose of adjusting the offers                 vided for in Article 4 ( 1 ) of Regulation No 162/66/
taken into consideration, the Commission should                  EEC and Articles 4, 5 (2 ) and 7 of Regulation (EEC)
take account only of the costs which to its know­                No 443/72 ;
ledge are the lowest ;
                                                                 Whereas the fixed component of the levy determined
Whereas the cif price and the free-at-frontier price             pursuant to Article 14 of Regulation No 136/66/
should be determined for the product presented in                EEC is not charged on imports of refined olive oil
bulk ; whereas, if oil is presented otherwise than in            produced entirely in Tunisia or Morocco and trans­
bulk, the consequent increase in value should be de­             ported directly from those countries into the Com­
ducted from the offers for unfiltered oil , whether vir­         munity ;
gin, extra fine or ordinary, and should be increased
by an amount which allows for filtering costs ;
                                                                Whereas Article 5 ( 1 ) of Regulation (EEC) No
                                                                 443/72 provides that the levy on olives falling within
Whereas, in order to obtain comparable information              subheadings Nos 07.01 N II and 07.03 A II should
on oil of the type and quality for which the threshold           be reduced by the amount resulting from the applica­
price was fixed, it is necessary to deduct or                   tion of the customs duty to the value of the im­
add to the offers considered, according to the type             ported product ; whereas that amount was fixed at a
and quality in question , the values resulting from              standard rate by Commission Regulation (EEC) No
the provisions of Commission Regulation No 172/66/               617/72 (3) on determining the incidence of customs
EEC (*) of 5 November 1966 fixing coefficients of                duty on imports of certains olives ;
                                                                (») OJ No L 115 , 17. 5 . 1972, p. 7.
(?) OJ No 202, 7. 11 . 1966, p . 3482/66.                        (s) OJ No L 78, 31.3 . 1972, p. 3 .
 ---pagebreak--- No L 13 /22                           Official Journal of the European Communities                             16 . 1 . 74
Whereas the levy on unrefined olive oil falling                  market prices, a price determined on the basis of
within subheading No 15.07 A II of the Common                    the offer price shall be substituted for the cif price
Customs Tariff, produced entirely in Spain, Tunisia              in respect of these imports and these imports only ;
or Morocco and transported directly from those
countries into the Community is defined in Council               Whereas, if the levy system is to operate normally,
Regulation ( EEC) No 2164/70 (*) of 27 October                   levies should be calculated on the following basis :
1970 on imports of olive oil from Spain, as amended
by Regulation (EEC) No 2277/71 and by Regula­                    — in the case of currencies which are maintained in
tions (EEC) No 2165/70 and (EEC) No 463 /71 ;
whereas the levy to be charged on products other                      relation to each other, at any given moment,
than    those  defined in    the   abovementioned      Re­            within a band of 2·25 °/o, a rate of exchange
gulations is calculated in accordance with Article 13                 based on their effective parity ;
of Regulation No 136/66/EEC ;
                                                                 — for other currencies an exchange rate based on
                                                                      the arithmetic mean of the spot market rates
Whereas, in accordance with Article 42 ( a) of Regu­                  of each of these currencies recorded for a given
lation No 136/66/EEC, the nomenclature provided                       period, in relation to the Community currencies
for in this Regulation is incorporated in the Com­                    referred to in the previous subparagraph ;
mon Customs Tariff ;
                                                                 Whereas it follows from applying all these provi­
Whereas the levies should be fixed as frequently r.-             sions to the offer prices known to the Commission
is necessary to ensure stability of the Community                 that the levies should be fixed as shown in the T able
market and in such a way as to ensure that they can               annexed to this Regulation,
be applied at least once a week ; whereas the levies
previously fixed should be retained where variations
                                                                  HAS ADOPTED THIS REGULATION :
in the factors used to calculate the levy would lead
to an increase or reduction of less than 0·50 unit of
 account in such levies ;                                                                 Article 1
                                                                  The import levies referred to in Article 13 of Regula­
 Whereas, however, levies cannot be fixed in accor­               tion No 136/66/EEC, Article 3 of Regulation No
 dance with this periodicity in the case of the applica­          162/66/EEC, Article 9 of Regulation (EEC ) No
 tion of the export levies referred to in Article 18 of           443 /72, Article 5 of Regulation (EEC) No 2165/70
 Regulation No 136/66/EEC and during the whole of                 and Article 5 of Regulation (EEC) No 463 /71 are
 the period in which these export levies apply ;                  hereby fixed as shown in the Table annexed to this
                                                                  Regulation.
 Whereas Article 13 (3 ) of Regulation No 136/66/                                          Article 2
 EEC provides that where free quotations on the
 world market are not a determining factor for the                 This Regulation shall enter into force on 16 January
 offer price and where this price is lower than world              1974.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 15 January 1974.
                                                                             For the Commission
                                                                              P.J. LARDINOIS
                                                                         Member of the Commission
  (») OJ No L 238, 29. 10. 1970, p. 3 .
 ---pagebreak--- 16 . 1 . 74                                Official Journal of the European Communities                                        No L 13 /23
                                                                     ANNEX
                                           Levies on imports from 16 January 1974 in u.a./ 100 kg
                                Products   entirely  obtained   in one of these       Products not entirely obtained
           CCT                  countries and transported directly from one           in Greece or not transported             Third
         heading                       of these countries to the Community            from that country to the Com­           countries
            No                                                                                    munity
                                 Greece              Morocco            Tunisia
07.01 N II                         0                0                    o                      0                           0
07.03 A II                         0                0                    0                      0                           0
15.07 A I a)                       0                0                    0                      3·200                       3·200
15.07 A I b)                       0                0                    0                      6·000                       6·000
15.07 A II                         0                o       n            o      H               0                            0       (2)
15.17 A I                          0                o                    0                      0                           0
15.17 A II                         0                0                    0                      0                           0
23.04 A                            0                6                    0                      0                           0
 (') The levy to be charged on imports of this product is defined in Council Regulations (EEC) No 2165/70 and (EEC) No 463/71 and in
     Commission Regulations (EEC) No 2495/71 and (EEC) No 2697/71 .
 (') The levy to be charged on imports of olive oil other than refined, entirely obtained in Spain or in Turkey and transported directly from
     one of these countries to the Community, is defined in Council Regulations (EEC) No 2164/70 and (EEC) No 1235/71 .