CELEX: 31974R2761
Language: en
Date: 1974-11-01 00:00:00
Title: Regulation (EEC) No 2761/74 of the Commission of 31 October 1974 fixing the import levies on olive oil

No L 294/44                           Official Journal of the European Communities                               1 . 11 . 74
                            REGULATION (EEC) No 2761 /74 OF THE COMMISSION
                                                    of 31 October 1974
                                           fixing the import levies on olive oil
THE COMMISSION OF THE EUROPEAN                                   Whereas, in the case of imports subject to Article 13
COMMUNITIES,                                                     of Regulation No 136/66/ EEC and to Article 9 of
                                                                 Regulation No 162/66/EEC, the levy is equal to the
                                                                 difference between the threshold price and the cif
Having regard to the Treaty establishing the European            price ; whereas, in the case of imports subject to
Economic Community ;                                             Article 3 of Regulation No 162/ 66/ EEC, the levy is
                                                                 equal to the difference between the threshold price
                                                                 and the free-at-frontier price, less a standard amount ;
Having regard to Council Regulation No 136/
66 /EEC (') of 22 September 1966 on the establish­               Whereas the threshold price and the standard amount
ment of a common organization of the market in oils              are fixed by the Council every year ; whereas they
and fats, as last amended by Regulation (EEC) No                 have been fixed for the 1974/75 marketing year by
1707/73 (2), and in particular Article 13 (4) thereof ;          Council Regulation (EEC) No 1 898 /74 (7) of 15 July
                                                                 1974 fixing the threshold price for olive oil for the
                                                                 1974/75 marketing year, as amended by Regulation
                                                                 (EEC) No 251 8/74 (8), and by Council Regulation
Having regard to Council Regulation No 162/                      (EEC) No 1 899/74 (9) of 15 July 1974 on the standard
66 /EEC (3) of 27 October 1966 on trade in oils and              amount for unrefined olive oil produced entirely in
fats between the Community and Greece, and in parti­             Greece and transported directly from that country into
cular Articles 3 (4) and 9 thereof ;                             the Community ;
                                                                 Whereas the Commission determines the cif price
Having regard to Council Regulation (EEC) No
                                                                 and the free-at-frontier price in relation to a Commu­
443/72 (4) of 29 February 1972 on the levies on
refined olive oil and on certain products containing             nity frontier crossing point ; whereas this crossing
                                                                 point was fixed by Council Regulation No 165/
olive oil and on certain products containing olive oil ,
                                                                 66/EEC ( 10) of 27 October 1966 on price measures to
and in particular Article 9 thereof ;
                                                                 be applied to olive oil for the 1966/67 marketing
                                                                 year ;
Having regard to Council Regulation (EEC) No
1912/74 (5) of 22 July 1974 on imports of olive oil              Whereas those prices must be established on the basis
from Tunisia, and in particular Article 5 thereof ;              of the most favourable actual purchasing opportuni­
                                                                 ties ; whereas the Commission must, theoretically,
                                                                 take into account all offers for olive oil of the types
                                                                 listed in 1 and 4 of the Annex to Regulation No 136/
Having regard to Council Regulation (EEC) No                     66/ EEC made on the world market and on the Greek
303/74 (6) of 4 February 1974 on imports of olive oil            market ; whereas , if there are no such offers or if such
from Morocco, and in particular Article 5 thereof ;              offers are not representative, the Commission must
                                                                 take account of all offers made on the . wholesale
                                                                 markets in the Community which are representative
Having regard to the Opinion of the Monetary                     for the importation (from the world market and the
Committee ;                                                      Greek market) of these oils ;
                                                                 Whereas Article 2 (2) of Commission Regulation
Whereas Article 13 of Regulation No 136/66/ EEC                  (EEC) No 1004/71 (") 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 of
the Commission to fix a levy on unrefined olive oil               levies on unrefined olive oil provides, however, that
imported into the Community ;                                     the Commission must disregard offers for products of
(') OJ  No 172, 30 . 9 . 1966, p. 3025/66.                        ( 7) OJ No L 201 , 23 . 7 . 1974, p. 3 .
(2) OJ  No L 175, 29 . 6. 1973, p. 5 .                            (8) OJ No L 270 , 5 . 10 . 1974, p. 1 .
P)  OJ  No 197, 29 . 10 . 1966, p. 3393/ 66 .                     (9 OJ No L 201 , 23 . 7 . 1974, p. 4 .
(<) OJ  No L 54, 3 . 3 . 1972, p. 3.                              ( 10) OJ No 197, 29 . 10 . 1966, p . 3399/66 .
(») OJ  No L 202, 24. 7. 1974, p. 6.                              (") OJ No L 109 , 15 . 5 . 1971 , p. 17 .
b) OJ No L 34, 7. 2. 1974, p. 4.                                  ( 12 ) OJ No L 48 , 21 . 2. 1973 , p. 10 .
 ---pagebreak--- 1 . 11 . 74                        Official Journal of the European Communities                         No L 294/45
mediocre quality, long-dated offers, and offers for           Commission Regulation No 172/66/EEC (') of 5
small lots and lots presented in small containers ;           November 1966 fixing coefficients of equivalence for
whereas offers which are considered not to be repre­          the different types and qualities of unrefined olive oil,
sentative of the real trend of the market and those to        as last amended by Regulation (EEC) No 992/72 (2) ;
which Article 13 (3) of Regulation No 136/66/EEC              whereas, in exceptional circumstances, different or
applies must also be disregarded ;                            derived coefficients of equivalence may be applied for
                                                              a limited period ;
Whereas, if no offers of the type mentioned above             Whereas a comparison of the information thus
have been made or if the offers made cannot be
                                                              obtained makes it possible to determine the most
considered, the prices ruling on the domestic markets         favourable offers on both the world market and on the
of the main oil-producing and oil-exporting third             Greek market ;
countries and on the Greek market should be taken
into account for the purpose of determining the cif
price and the free-at-frontier price ; whereas in such        Whereas, if no offer can be considered for the purpose
cases those prices should be increased by marketing,          of determining the cif price and the free-at-frontier
loading, transport and insurance costs ;                      price, the price previously taken into account should
                                                              be maintained ;
Whereas, of the offers taken into consideration, c and
                                                              Whereas, when the levies on refined (olive) oil, on
f offers should, pursuant to Article 4 of Regulation
                                                              olives falling within subheadings 07.01 N II and 07.03
(EEC) No 1004/71 , be increased by 1 % ; whereas cif
offers for frontier crossing points other than the one        A II and on the products listed in Article 1 (2) (e) of
referred to above should be adjusted for transport and        Regulation No 136/66/EEC are being calculated, the
insurance costs ; whereas offers for delivery fas, fob or     adjustment provided for in Articles 2, 3 , 5 ( 1 ) and
otherwise should be increased by transport and insur­         Article 6 of Regulation (EEC) No 443/72 should be
                                                              applied to the levies previously defined and, in the
ance costs from the point of shipment or loading to
                                                              case of those same products produced entirely in
the abovementioned frontier crossing point and, in
                                                              Greece and transported directly from that country into
the case of fas offers, by loading costs ;
                                                              the Community, the adjustments provided for in
                                                              Article 4 ( 1 ) of Regulation No 162/66/ EEC and
                                                              Articles 4, 5 (2) and 7 of Regulation (EEC) No
Whereas, if the offers taken into consideration are           443/72 ;
offers on the Community market, they should be
reduced by unloading or disembarkation costs, import
duties and levies and, where appropriate, by                  Whereas the fixed component of the levy determined
forwarding or other costs incurred from the cif or free­      pursuant to Article 14 of Regulation No 136/66/EEC
at-frontier stage to the marketing stage for which the        is not charged on imports of refined olive oil
offers were made :                                            produced entirely in Tunisia or Morocco and trans­
                                                              ported directly from those countries into the Commu­
                                                              nity ;
Whereas, for the purpose of adjusting the offers taken
into     consideration , the  Commission     should  take     Whereas Article 5 ( 1 ) of Regulation (EEC) No 443/72
account only of the costs which to its knowledge are          provides that the levy on olives falling within subhead­
the lowest ;                                                  ings 07.01 N II and 07.03 A II should be reduced by
                                                              the amount resulting from the application of the
                                                              customs duty to the value of the imported product ;
Whereas the cif price and the free-at-frontier price          whereas that amount was fixed at a standard rate by
should be determined for the product presented in             Commissiion Regulation (EEC) No 617/72 (3) on deter­
bulk ; whereas, if oil is presented otherwise than in         mining the incidence of customs duty on imports of
bulk, the consequent increase in value should be              certain olives ;
deducted from the offers for unfiltered oil, whether
virgin , extra fine or ordinary, and should be increased
by an amount which allow for filtering costs ;                Whereas the levy on unrefined olive oil falling within
                                                              subheading 15.07 A II of the Common Customs
                                                              Tariff, produced entirely in Spain , Tunisia or Morocco
                                                              and transported directly from those countries into the
Whereas, in order to obtain comparable information             Community is defined in Council Regulation (EEC)
on oil of the type and quality for which the threshold
price was fixed, it is necessary to deduct or add to the      C ) OJ No 202, 7 . 11 . 1966, p. 3482/66.
offers considered, according to the type and quality in       (2) OJ No L 115, 17. 5 . 1972, p. 7 .
question, the values resulting from the provisions of          3) OJ No L 78 , 31 . 3 . 1972, p. 3 .
 ---pagebreak--- No L 294/46                             Official Journal of the European Communities                              1 . 11 . 74
No 2164/70 (') of 27 October 1970 on imports of                    Whereas, if the levy system is to operate normally,
olive oil from Spain, as amended by Regulation (EEC)               levies should be calculated on the following basis :
No 2277/71 (2) and by Regulations (EEC) No 1912/74                 — in the case of currencies which are maintained in
and (EEC) No 303/74 ; whereas the levy to be charged                    relation to each other, at any given moment,
on products other than those defined in the above­                      within a band of 2*25 % , a rate of exchange based
mentioned Regulations is calculated in accordance                       on their effective parity ;
with Article 1 3 of Regulation No 1 36/66/EEC ;
                                                                   — for other currencies an exchange rate based on the
Whereas, in accordance with Article 42 (a) of Regula­                   arithmetic mean of the spot market rates of each
tion No 1 36/66/EEC, the nomenclature provided for                      of these currencies recorded for a given period, in
in this Regulation is incorporated in the Common                        relation to the Community currencies referred to
Customs Tariff ;                                                        in the previous subparagraph ;
Whereas the levies should be fixed as frequently as is             Whereas it follows from applying all these provisions
necessary to ensure stability of the Community                     to the offer prices known to the Commission that the
market and in such a way as to ensure that they can                levies should be fixed as shown in the Table annexed
be applied at least once a week ; whereas the levies               to this Regulation,
previously fixed should be retained where variations in
the factors used to calculate the levy would lead to an
increase or reduction of less than 0-50 unit of account             HAS ADOPTED THIS REGULATION :
in such levies ;
Whereas, however, levies cannot be fixed in accor­                                          Article 1
dance with this periodicity in the case of the applica­
tion of the export levies referred to in Article 18 of             The import levies referred to in Article 13 of Regula­
Regulation No 1 36/66/EEC and during the whole of                   tion No 1 36/66/EEC, Article 3 of Regulation No 162/
                                                                    66/EEC, Article 9 of Regulation (EEC) No 443/72,
the period in which these export levies apply ;
                                                                    Article 5 of Regulation (EEC) No 1912/74 and Article
Whereas Article 13 (3) of Regulation No 1 36/66/EEC                 5 of Regulation (EEC) No 303/74 are hereby fixed as
provides that where free quotations on the world                    shown in the Table annexed to this Regulation .
 market are not a determining factor for the offer price
and where this price is lower than world market                                             Article 2
 prices, a price determined on the basis of the offer
 price shall be substituted for the cif price in respect of         This Regulation shall enter into force on 1 November
 these imports and these imports only ;                              1974 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 31 October 1974.
                                                                               For the Commission
                                                                                 P.J. LARDINOIS
                                                                           Member of the Commission
  (') OJ No L 238 , 29 . 10 . 1970 , p. 3 .
  (2) OJ No L 241 , 27 . 10 . 1971 , p. 2.
 ---pagebreak--- 1 . 11 . 74                                Official Journal of the European Communities                                      No L 294/ 47
                                                                    ANNEX
                                         Levies on imports from 1 November 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                    0                       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                0       0)           o      (*)              0                           0       ñ
15.17 A I                         0                0                    0                       0                           0
15.17 A II     -                  0                0                    0                       0                           0
23.04 A                           0                0                    0                       0                           0
(') The levy to be charged on imports of this product is defined in Council Regulations (EEC) No 1912/74 and (EEC) No 303/74 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 306/74.