CELEX: 31975R1938
Language: en
Date: 1975-07-25 00:00:00
Title: Regulation (EEC) No 1938/75 of the Commission of 25 July 1975 laying down detailed rules for the importation of olive oil from Turkey

No L 198 /30                        Official Journal of the European Communities                              29 . 7. 75
                         REGULATION (EEC) No 1938/75 OF THE COMMISSION
                                                    of 25 July 1975
                  laying down detailed rules for the importation of olive oil from Turkey
THE COMMISSION OF THE EUROPEAN                                 subject to production by the importer of proof that he
COMMUNITIES,                                                   has refunded to the exporter, subject to the maximum
                                                               specified in the second indent of that Article, the
Having regard to the Treaty establishing the European          special export charge deductible at the time of impor­
Economic Community ;                                           tation into the Community.
Having regard to Council Regulation (EEC) No
306/74 (^ of 4 February 1974 on imports of olive oil
                                                               2.     For the purpose of this Regulation, 'the exporter'
                                                               means the person indicated on certificate ATR 1 .
from Turkey, and in particular Article 6 thereof ;
Whereas, by Regulation (EEC) No 306/74, the                    3 . The proof referred to in , paragraph 1 may be
Council adopted rules for the application of the               supplied only by submission of a receipt issued by a
special treatment of imports of olive oil from Turkey          bank approved for the purpose into which the sum
provided for in the Agreement between the European             referred to in paragraph 1 has been paid by way of
Economic Community and Turkey ; whereas detailed               refund of the charge such receipt must contain at least
procedures must be adopted for the application of              the following :
those rules ;
Whereas Article 1 of Regulation (EEC) No 306/74               — particulars of the exporter,
provides that when Turkey applies a special export
charge on olive oil other than that having undergone          — the number of the document ATR 1 relating to
a refining process the levy applicable shall be reduced            the transaction,
by (i) 0-50 u.a. / 100 kg and (ii) an amount equal to         — particulars of the amount paid.
that of the special charge levied, subject to a
maximum of 4-5 u.a./ 100 kg ;
Whereas, in pursuance of Article 2 of Regulation                                       Article 2
(EEC) No 306/74, the arrangements for reducing the
levy are to be applied to afl imports in respect of
which it can be proved that the special charge is              The bodies responsible in the Member States for
reflected in the import price ; whereas, for the               collecting the import levy shall issue to the importer a
purposes of applying the above arrangements, it                document containing the following information :
should be laid down that the importer supply proof of
having refunded the charge in question to the                  (a) details of the export document as given under the
exporter ;
                                                                   heading 'Customs endorsement' on the certificate
                                                                   ATR 1 relating to the product in question, or the
                                                                    number of that certificate ;
Whereas,' if the arrangements are to function correctly,
the importer must be able to inform the exporter of            (b) the net weight of the olive oil as recorded by the
the amount both of the levy and of the charge appli­               relevant authorities when customs import formali­
cable to the imported product ;                                    ties are completed ;
Whereas the measures provided for in this Regulation           (c) the rate of the levy applicable to the products in
are in accordance with the Opinion of the Manage­                  question, calculated in accordance with the provi­
ment Committee for Oils and Fats,                                  sions of Article 13 of Regulation No 136/66/EEC,
                                                                    less 0-50 unit of account/ 100 kg ;
                                                               (d) the amount refunded by the importer to the
HAS ADOPTED THIS REGULATION :                                      exporter.
                        Article 1
                                                                                       Article 3
1 . Application of the arrangements provided for in
Article 1 of Regulation (EEC) No 306/74 shall be              This Regulation shall enter into force on the third day
                                                               following its publication in the Official Journal of
(') OJ No L 34, 7. 2. 1974, p. 11 .                            the European Communities.
 ---pagebreak--- 29 . 7. 75                    Official Journal of the European Communities                      No L 198 /31
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 25 July 1975.
                                                                  For the Commission
                                                                    P.J. LARDINOIS
                                                              Member of the Commission