CELEX: 51978PC0423
Language: en
Date: 1978-09-13
Title: Proposal for a COUNCIL REGULATION (EEC) on trade in oils and fats between the Community and Greece (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 423
Vol. 1978/0162
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          V
                                                   COM(78)423 final
                                                   Brussels . 13 September 1978
            ■ i .        -      Proposal for a
                           COUNCIL REGULATION (EEC )
       on trade in oils and fats between the Community and Greece
                ( submitted to the Council toy the Commission)
 C0M(78) 423 final
 ---pagebreak---                         EXPLANATORY MEMORANDUM
                                                           ι               *
The purpose of this draft . porposal for a Regulation *' i; to'^dapt the system
of trade between the Community and Greece to the . situat Ion /.? suttinc 'from the
new organisation of the market irr olive- oil irvt rxciuceJ by Council Peculation' •
( EEC ) No 1562 / 78 amending Regulation No 136 / 66 / EEC es^^uuhirg a common orga­
nisation of the market in oi Is and fats . .                     .'              ...
                 ' '       - ' '' '                      * "        ' •* *           ' '.
The 'new system of trade between 'the EcC and Greece only differs from the previous
system on the following points :                    *•                            ;
- introduction on a permanent basis of the possibi I ity' of using Irhe system of
   tendering for the import levy for olive oil ;
- in the case of the application of tne tendering system , the fixing for olives
   and olive oil cakes of a levy which takes account of the minimum levy- applicabl
   to the quantity of oil contained in those products .              .■*
The other amendments are purely in the wording .                             , >
 ---pagebreak---                                     Proposal for a
                        COUNCIL RE6ULATI0N ( EÉC ) 'No ... b /78
on trade in oils a n d fats between the Community and Greece
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and in pai–
ticular Article 43 thererf ,
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliament ,
Whereas Council Regulation No 136 / 66 / EEC of 22 September 1966 on the establishment of
                                                           (1)
a common organisation of the market in oils and fats           , as last amended by Regulation
( EEC ) No 1562 / 78  , it up a common trading system for oils and fats with third countries
whereas this system provides for import levies on olive oil , olives intended, for the
production of oil , certain olive oil cakes arid other residues and for the application
of the Common Customs Tariff to other products ;
Whereas the customs duties which the Member States apply with regard to Greece are fixed
by the Agreement establishing an Association between the European Economic Community
and Greece ;                                                             "       '
Whereas Protocol No 12 inexed to that Agreement stipulates that , if levies are introduced
for olive oil and olives , Greece will benefit in anticipation of the ha rmoni sat i on of
the agricultural policies of the Community and Greece from the . system which the Mcmcer
States apply among themselves ;                                    ,        '
Whereas the system of prices introduced by Regulation No 136 / 66 / EEC does not extend to
Greece ; whereas differences may therefore occur between the price on the Greek market
and the pries on the Community market ; whereas these differences should be made good , in
accordance with the principles of the levy system , by a levy calculated according to the
rules which were generally applied tinder the common agricultural policy to
trade between the Member States before the fixing of common prices ;
Whereas , since Greece is not obliged to apply to olive oil and olives from third countrie
the levy ByB+em introduced hy the Community , the appl ic'at ion- of. the special levy in ■
question, to exports from Greece to" the Community of products not produced entirely in
Greece could lead to considerable distortions in trade ; whereas the application of the
special levy should therefore be limited to products produced entirely in Greece ;
( 1 ) OJ No 172 , 30.9.1966 , p. 3025 / 66
( 2 ) OJ No L 185 , 7.7.1978 , p. 1
 ---pagebreak--- Whereas Council. Regulation ( EFC ) No 2844 / 76 of 23 f>'c v'emb " 1970 •. ying down special.       < ■
measures in particular for the determination of offers ^ f ' ■                on the Ore *./. market
                                              (4)
iis amended by Regulation ( EEC ) No 2361 / 77 , madu an e « sn ; ''on tv. ti,e arrangements for'
tho fixing of the special import levy for Greece by providing : or - i;e fixing, of the lavy
by a tendering procedure ;
Whereas there is . a risk that th£ difficulties in assessing the -K.ci.ial. situation on the :
Greek market which led to the adoption of this special system will occur , in the future ;
whereaB in these circumstances provision should be made to enable recourse to be had to
this system again , after suspension of the original- system for fixing the levy ;
Whereas trade with Greece in olives and olive oil cakes ana other residues is only small
compared with the trade in olive oil ; whereas , to simplify administrative procedures ,
application of the system of tendering for the import levy should be limited to olive
oil ; whereas , for the same purpose ,, provision should be made to excerpt from -this system
 iaports of olive oil which have no effect on the development of trade in this product ;
Whereas the system provided for in this Regulation for imports and exports of olive oil
and olives could in some circumstances lead to a distarbance on the Community market ;
whereas , therefore , measures should be provided to enable such a situation to be
 remedied ;
 Whereas the introduction of the system referrrecj to above should enable all other obsta­
 cles to trade between the Community and Greece to be eliminated ;
 Whereas , subject to the obligations resulting from the Association Agi'eement , certain
 provisions of Regulation No 136 / 66 / EEC may be applied to trade between the Community
and Greece ;
 Whereas Council Regulation No 162 / 66 / EECof 27 October 1966 on trade in oils and fats
between the Community and Greece should be repealed^' ,
                                                                                               ·»χ
 HAS ADOPTED THIS REGULATION :
 ( 3 ) OJ No L 327 , 26.11.1976, p. 6
 ( 4 ) OJ No L 277 , 28.10.1977, p. 2
 ( 5 ) OJ No 197, 29.10.1966, p. 3393 / 66
 ---pagebreak---                                          - 3 -
                                       Article 1
  Trade between the Community and Greece in the products referred to in Article 1 ( 2 )
  of Regulation No 136/ 66/ EEC , hereinafter referred to as "the basic Regulation ", shall
  be governed by the following provisions .
                                    • Article 2
  As regards the products referred to in points a); b ) and d ) of Article 1 ( 2 ) of the
 basic Regulation, with the exception of those falling within subheadings . 07.01 N II and
 07.03 A II of the Common Customs Tariff, and        products falling within subheading
 23.04 A I , the Member States shall apply , in trade between the Community and Greece ,
 the customs duties resulting from the application of the Agreement establishing an
 Assoc it ion. between the European Economic Community and Greece , hereinafter referred to
 as " the Agreement'*.
                                      Art ic le 3
 1 . Were shall be charged on imports of untreated olive oil falling within subheading
      15.07 A I of the Common Customs Tariff , entirely produced in Greece and transported
      directly from that country to the Community, a levy . the amount of which shall be equal
     to the difference between the threshold price fixed in accordance with Articles 4 , 9
      and 10 of the basic Regulation and a free -at -frontier price , minus a fixed amount .
2 . The free-at - frontier price calculated for the Community frontier crossing point in
      accordance with Article 9 of the basic Regulation shall be determined on the basis
     of the most favourable purchasing opportunities on the Greek market ; such prices shall
     be adjusted in accordance with any differences in the description br quality in
     relation to those for which the threshold price has been fixed .                        «
3 . The fixed amount shall be determined for each marketing year by the Council , a (ting'
     by a qualified majority on a proposal from the Commission, and Greece shall be
     consulted in advance on the level of this amount .
     The levy shall be fixed by the Commission . Detailed rules for the application of this
     Article shall be adopted according to the procedure provided for in Article 38 of
     the basic Regulation .
                                        if
                                      Article 4
1 . There shall be charged on imports of olive oil falling within subheading 15.07 A II
           e Common Customs Tariff, entirely produced in Greece and transported directly
             at country to the Community , a levy corresponding to that applicable to the
     qWity, vhich may be fixed on a flat-rate bksis, of olive oil required for the
     production of the olive oil In question.
 ---pagebreak---                                     - Α -
2 , Detailed rules for the application of thiB Article shall "be v\opt<?A in accordance
    with the procedure provided for in Article 38 of the b^si .; R-r /J t ation *
                                   Article 5
1 . Where the offers on the Greek market, for untreated olive o ; l c'o ro'r enable tne
    price trend of "the market to be determined., the iiup^rt levy for the products referred
    to in Articles 3 and 4 shall be fixed by tender *
2 . At regular intervals the Commission shall fix the minimum rate of the levy taking
    Into account inter alia the rates of levy indicated by the tenderers .        Any
    tenderer who has indicated a levy equal to or above the minimum rate shall be decla­
    red successful and shall be obliged to import the quantity given in
    his application at the rate of levy which he has indicated .
3 . However , imports of quantities which have no influence on the market situation shall
    not be subject to this tendering procedure .     In that case the levy
    charged shall be the last minimum levy fixed before importation .
A. If trends on the Greek market differ according to the presentation of untreated olive
    oil , different minimum levies may be fibced for the various presentations in question .
5 . The Council , acting by a qualified majority on a proposal from the Commission shall
    adopt general rules for the application for thiB Article .
6 . Detailed rules for * e application of this Article shall be adopted according to the
    procedure provided for in Article 38 of the basic Regulation .
                                                   *
                                   Article è
1 . There shall be charged on imports of olives falling within subheadings 07.01 N II
    and 07.03 A II of the Common Customs Tari ff, harvested in Greece and transported
    directly from that country to the Community, a levy calculated , on the basis of the
    oil content of the product imported , from that applicable to olive oil under
    Article 3 «
2 . There shall be charged on imports of        products falling within subheadings 23.04 A II
    and 15.17 0 I of the Common Customs Tariff , entirely-produced in Greece and transpor­
    ted directly , from that country to the Community, a levy calculated , on the basis of
    the oil content of the product imported , from that applicable to olive oil under
    Article 3 »                      '
3 . When Article 5 is applied, there shall be charged on imports of the products referred
    to in paragraphs 1 and 2 a levy which takes account of the minimum levy applicable to
    the quantity of oliva oil contained in those products .
 ---pagebreak--- 4.    The levies referred, to in this Article shall be fixed by tho Commission at
      regular intervals .                                                    .
5.    Detailed rules for the application of this Article , and in particular those
    *                                                                  •
      concerning tha determination of the oil content which Key be- fixed as a standard'
      rate , shall be adopted according to the procedure provided for in Article 38 of
      the- basics Kegulation .
                                           Article 7 -
 1.   Where , in the Community , the market in olive oil is seriously disturbed or in
      danger of being seriously disturbed by :
      – imports of the products referred to in points c ), d ) and e ) of Article 1 ( 2 )
        of the basic Regulation , entirely produced in Greece and transported directly
        from that country to the Community , and in particular where the intervention
        agencies , because of these imports , buy in substantial amounts of olive oil
        in application of Article 12 ( l ) of the basic Regulation , or
      ~ exports of olive dil to C-reece , and in particular where , because of such
        axporta , the market price of olive oil is in danger of exceeding or considerably
        exceedc the level of the market target price , or a decision has been made to
        sell the buffer stock ,               ""                               *
      appropriate measures may be applied until the disturbance or danger thereof has
      disappeared .
2«    Greece ehall be Informed of any decision taken in accordance with paragraph 1 ..
3.    The nature of tha measures which may be adopted ajid the conditions for the
      application of thia Article shall be determined , after consultation with Grsece ,
      by the Council acting by a qualified majority on -a proposal from the Commission .
                                           Article 8
Subject to the provisions of Articles 7 , 9 and 10 , ths following shall be
 incompatible , in trade with Greece , with the application of the provisions of this
Regulation t
- the levying of any customs duty or charge having e similar effect other than those
    provided for by this Regulation ;                 ,
•• the application of any quantitative restriction or a measure having an equivalent
    effect ;
- recourse to Article 41 of the Agreement in respect of the products referred to in
    points o ) d) and e ) of Article 1 (2 ) of th8 basic Regulation , with tha exception
    of Vnoe® falling within Bubheadinga 07.02 A and ex 07.04 B of the Coinmon Customs
    Tariff . ■
 ---pagebreak---                                            Arti  : ' ')
Subject as provided in tha Ag, semen * , the fo.; - o      Art 10.1.90 of one L-asic
Regulation and the measiues t d!<en in implemcn \ ~ r. o thereof snail -"->P-y
Article 18 ; Article. 19 } Article 20 ; Article 2 r ( 3 ; (-)' and (3 ) ? Article 2-3 ;
Article 35 ? Article 41 ( l )=     - .
                                          Artide 10
Where the products imported into the Community were not ent ^ rely 'produced in
Greece or have not been transported directly fiow C'reecC* in >;o the Community ,
Articles 14 , 15 , 16,17 and 20b of the basic Regulation shall apply to products
coming within their termB , subject as provided in the Agreement .
                                          Article 11
The Council , acting on a proposal from the Commission and m accordance with
the voting procedure provided for in Article 43 ( 2 ) of the Treaty , may , after
consultation with Greece , amend the list of products to which this Regulation
shall apply or may take any exceptional measures in order to take account of
special ^conditions which may occur with regard to these products ,
                                          Article 12
Regulation No 162/ 66/EfiC is hereby repealed®
                                          Article 13
This Regulation Bhall "enter into force on 1 November 1978 *
                                                                *
This Regulation shall be binding in its entirety and directly applicable in all
Member States .
                                          /
                                                Done at Brussels
                                                For the Council