CELEX: 31976R1394
Language: en
Date: 1976-06-17 00:00:00
Title: Commission Regulation (EEC) No 1394/76 of 17 June 1976 laying down detailed rules for the importation of olive oil from Turkey

18 . 6 . 76                              Official Journal of the European Communities                          No L 157/ 25
                                      COMMISSION REGULATION (EEC) No 1394/76
                                                          of 17 June 1976
                     laying down detailed rules for the importation of olive oil from Turkey
THE COMMISSION OF THE EUROPEAN                                      the amount both of the levy and of the charge applied
COMMUNITIES,                                                        to the imported products ;
Having regard to the Treaty establishing the European               Whereas the measures provided for in this Regulation
Economic Community,                                                 are in accordance with the opinion of the Manage­
                                                                    ment Committee for Oils and Fats,
Having regard to Council Regulation (EEC) No
 1235/71 of 7 June 1971 on imports of olive oil from
Turkey ('), as last amended by Council Regulation                    HAS ADOPTED THIS REGULATION :
(EEC) No 2277/71 (2), and in particular Article 4
thereof,
                                                                                              Article 1
Whereas Turkey has not notified the completion of
the procedures necessary for implementing in the                    The levy to be charged on imports, calculated in accor­
Agreement in the form of an exchange of letters,                    dance with Article 1 of Regulation (EEC) No 1235/71 ,
signed on 23 November 1973 ; whereas Council Regu­                  shall be reduced by an amount equal to the special
lation (EEC) No 306/74 (3) and Commission Regula­                   export charge referred to in Article 2 thereof, up to a
tion (EEC) No 1938/75 (4) are consequently not in                    maximum of :
application ; whereas by Regulation (EEC) No
 1235/71 the Council adopted rules for the special                  (a) 4-50 units of account per 100 kilogrammes, if the
treatment of imports of olive oil provided for in the                    levy calculated as aforesaid is 4-50 units of account
said Agreement and consequently detailed procedures                      per 100 kilogrammes or more ;
for their application must be adopted ;
                                                                    (b) the amount of the levy calculated as aforesaid if it
                                                                         is less than 4-50 units of account per 100 kilo­
Whereas, if the incidence of the charge on the price                     grammes.
of the imported product exceeds the amount by which
the levy may be reduced under Article 2 of Regulation
(EEC) No 1235/71 , the consequences are unfavourable                                          Article 2
for Community importers ; whereas, in the opposite
case, the economic advantages for Turkey under the
                                                                     1 . Application of Article 1 shall be subject to
Agreement do not occur ; whereas it must be provided
                                                                     production by the importer of proof that he has
that the incidence of the tax on the price of the
                                                                     refunded to the exporter the special export charge
imported product and the amount of the reduction of
the levy should be the same ;                                        referred to in Article 2 of Regulation (EEC) No
                                                                     1235/71 up to the amount deductible at the time of
                                                                     importation of the oil into the Community.
Whereas, under Article 3 of Regulation (EEC) No
 1235/71 , the arrangements for reducing the levy shall              2. For the purpose of this Regulation 'exporter'
be applied to all imports in respect of which it can be              means the person indicated on certificate A. TR. 1 (5).
 proved that the special export charge has been paid by
the exporter ; whereas, moreover, under the Agree­                   3 . The proof referred to in paragraph 1 may be
 ment, the amount of the charge must be reflected in                 supplied only by submission of a receipt issued by a
the price of the imported product ; whereas, for the                bank approved for the purpose into which the sum
 purposes of applying the above arrangements, it                     referred to in paragraph 1 has been paid by way of
should therefore be laid down that the importer                      refund of the charge ; this receipt must contain at
should supply proof of having refunded the above                     least the following :
charge to the exporter ;
                                                                    — particulars of the exporter,
Whereas, if the arrangements are to function correctly,             — number of the document A. TR. 1 relating to the
the importer must be able to inform the exporter of                      transaction ,
(')  OJ   No L 130 , 16.  6. 1971 , p. 55 .                         — particulars of the amount paid.
(2)  OJ   No L 241 , 27 . 10 . 1971 , p. 2.
(3)  OJ   No L 34, 7. 2.  1974, p. 11 .                             (5) OJ No L 59 , 5. 3 . 1973, Annex to Regulation (EEC) No
(4)  OJ   No L 198 , 29.  7. 1975, p. 30.                               428 / 73 .
 ---pagebreak--- No L 157/26                        Official Journal of the European Communities                            18. 6. 76
                        Article 3                            (c) the rate of the levy applicable to the products in
                                                                 question, calculated in accordance with the provi­
The bodies responsible in the Member States for                  sions of Article 13 of Regulation No 136/66/EEC,
collecting the import levy shall issue to the importer a         less 0-50 unit of account per 100 kilogrammes ;
document containing the following information :
                                                             (d) the amount of the special export charge refunded
(a) details of the export document as given under the            by the importer to the exporter.
    heading 'Customs endorsement' on the certificate
    A. TR. 1 relating to the product in question, or the                             Article 4
    number of that certificate ;
(b) the net weight of the olive oil as recorded by the       This Regulation shall enter into force on the third day
    relevant authorities when customs import formali­        following its publication in the Official Journal of
    ties are completed ;                                      the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 17 June 1976.
                                                                       For the Commission
                                                                         P. J. LARDINOIS
                                                                   Member of the Commission