CELEX: 31973R1523
Language: en
Date: 1973-06-08 00:00:00
Title: Regulation (EEC) No 1523/73 of the Commission of 7 June 1973 fixing the import levies on olive oil

No L 152/30                                 Official Journal of the European Communities                                   8 . 6 . 73
                                    REGULATION (EEC) No 1523/73 OF THE COMMISSION
                                                                of 7 June 1973
                                                     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 1972/73 marketing
Having regard to the Treaty establishing the Euro­                          year by Council Regulation (EEC) No 2322/72 (9)
pean Economic Community ;                                                  of 31 October 1972 fixing the threshold price for
                                                                            olive oil for the 1972/73 marketing year and by
Having regard to Council Regulation No 136/66/                              Council Regulation (EEC) No 2319/72 ( 10) of
EEC (*) of 22 September 1966 on the establishment                          31 October 1972 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 the Act (2) annexed to the                       ported directly from that country into the Commu­
 Treaty ( 3) on the Accession of new Member States                         nity ;
 to the European Economic Community and the
 European Atomic Energy Community, signed at                               Whereas the Commission determines the cif price
 Brussels on 22 January 1972, and in particular                            and the free-at-frontier price in relation to a Com­
 Article 13 (4 ) thereof ;                                                 munity frontier crossing point ; whereas this cross­
Having regard to Council Regulation No 162/66/                             ing point was fixed by Council Regulation No 165/
EEC (4 ) of 27 October 1966 on trade in oils and fats                       66/EEC ( n ) of 27 October 1966 on price measures to
between the Community and Greece, and in particu­                           be applied to olive oil for the 1966/67 marketing
                                                                           year ;
lar Articles 3 (4) and 9 thereof ;
Having regard to Council Regulation (EEC) No 443 /                         Whereas those prices must be established on the
72 (5) of 29 February 1972 on the levies on refined                        basis of the most favourable actual purchasing oppor­
                                                                            tunities ; whereas the Commission must, theoreti­
olive oil and on certain products containing olive
                                                                           cally, take into account all offers for olive oil of the
oil, and in particular Article 9 thereof ;
                                                                            types listed in 1 and 4 of the Annex to Regulation
Having regard to Council Regulation (EEC ) No                             No 136/66/EEC made on the world market and on
2165/70 (6) of 27 October 1970 on imports of olive                        the Greek market ; whereas, if there are no such of­
oil from Tunisia, as amended by Regulation (EEC )                          fers or if such offers are not representative, the Com­
No 2277/71 (7), and in particular Article 5 thereof ;                      mission must take account of all offers made on the
                                                                           wholesale markets in the Community which are
Having regard to Council Regulation ( EEC) No 463/                         representative for the importation ( from the world
71 (8) of 1 March 1971 on imports of olive oil from                        market and the Greek market) of these oils ;
Morocco, as amended by Regulation (EEC) No 2277/
71 , and in particular Article 5 thereof ;                                Whereas Article 2 (2) of Commission Regulation
Whereas Article 13 of Regulation No 136/66/EEC                              ( EEC) No 1004/71 ( 12) of 14 May 1971 , amended by
and Article 3 of Regulation No 162/66/EEC requires                          Regulation ( EEC) No 486/73 ( 13), 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.
(2) OJ  No   L 73 , 27. 3 . 1972, p . 14 .
(3) OJ  No   L 73 , 27. 3 . 1972, p . 5 .
(4) OJ  No   197, 29 . 10. 1966, p . 3393 /66 .                            (»)  OJ No   L 249, 4 . 11 . 1972, p . 3 .
(5) OJ  No   L 54, 3 . 3 . 1972 , p . 3 .                                 ( 10) OJ No   L 248 , 1 . 11 . 1972, p . 69 .
{•) OJ  No   L 238 , 29 . 10. 1970, p . 4 .                               (")   OJ No  197, 29 . 10. 1966, p . 3399/66 .
(7) OJ  No   L 241 , 27 . 10 . 1971 , p . 2 .                             ( 12) OJ No  L 109 , 15 . 5 . 1971 , p . 17.
(8) OJ  No   L 53 , 5 . 3 . 1971 , p . 9 .                                ( 13) OJ No   L 48 , 21 . 2 . 1973 , p . 10.
 ---pagebreak---  8 . 6. 73                            Official Journal of the European Communities                         No L 152/31
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 °/o ;               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 refinded (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 i <           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
                                                                 subheadings Nos 07.01 N II and 07.03 A II should
Whereas, in order to obtain comparable information                be reduced by the amount resulting from the applica­
 on oil of the type and quality for which the threshold           tion of the customs duty to the value of the im­
 price was fixed, it is necessary to deduct or                    ported product ; whereas that amount was fixed at a
 add to the offers considered, according to the type
                                                                  standard rate by Commission Regulation (EEC) No
 and quality in question, the values resulting from              617/72 (3 ) on determining the incidence of customs
the provisions of Commission Regulation No 172/66/                duty on imports of certains olives :
EEC i 1 ) of 5 November 1966 fixing coefficients of
                                                                  (*) 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 152/32                                Official Journal of the European Communities                                 8 . 6 . 73
Whereas the levy on unrefined olive oil falling                       in respect of these imports - and these imports only,
within subheading No 15.07 A II of the Common                         whereas this situation exists at present for offers of
Customs Tariff, produced entirely in Spain, Tunisia                   virgin olive oil sold in small containers originating
or Morocco and transported directly from those                        in or coming from Spain, whereas it is therefore de­
countries into the Community is defined in Council                    sirable to fix a special levy for these imports ;
Regulation ( EEC) No 2164/70 (*) of 27 October
1970 on imports of olive oil from Spain, as amended                   Whereas, if the levy sysitem is to operate normally,
by Regulation (EEC) No 2277/71 and by Regula­                         levies should be calculated on the following basis :
tions (EEC) No 2165 /70 and (EEC) No 463/71 ;                         — in the oase of currencies which are 'maintained in
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
for in this Regulation is incorporated in the Com­                        period, in relation to the Community currencies
mon Customs Tariff ;                                                      referred to in the previous subparagraph ;
                                                                      Whereas the Opinion of the Monetary Committee
Whereas the levies should be fixed as frequently r                    was requested ;
is necessary to ensure stability of the Community
market and in such a way as to ensure that they can                   Whereas it follows from applying all these provi­
be applied at least once a week ; whereas the levies                  sions to the offer prices known to the Commission
                                                                      that the levies should be fixed as shown in the Table
previously fixed should be retained where variations
in the factors used to calculate the levy would lead                  annexed to this Regulation ;
to an increase or reduction of less than 0-50 unit of
 account in such levies ;                                              HAS ADOPTED THIS REGULATION :
Whereas, however, levies cannot be fixed in accor­                                             Article 1
dance with this periodicity in the case of the applica­               The import levies referred to in Article 13 of Regula­
tion of the export levies referred to in Article 18 of                tion No 136/66/EEC, Article 3 of Regulation No
Regulation No 136/66/EEC and during the whole of                      162/66/EEC, Artiole 9 of Regulation (EEC) No
 the period in which these export levies apply ;                      443/72, Article 5 of Regulation (EEC) No 2165/70
                                                                      and Article 5 of Regulation (EEC) No 463/71 are
Whereas Article 13 (3 ) of Regulation No 136/66/                      hereby fixed as shown in the Table annexed to this
 EEC provides that where free quotations on the                       Regulation.
world market are not a determining factor for the
                                                                                               Article 2
offer price and where this price is lower than world
market prices, a price determined on the basis of                     This Regulation shall enter into force on 8 June
 the offer price shall be substituted for the cif price               1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 7 June 1973 .
                                                                                For the Commission
                                                                                  P . J. LARDINOIS
                                                                             Member of the Commission
 I1 ) OJ No L 238 , 29 . 10. 1970, p . 3 .
 ---pagebreak---  8 . 6 . 73                                 Official Journal of the European Communities                                       No L 152/33
                                                                      ANNEX I
                                         Levies on imports effected from 8 June 1973 in u.a./lOO 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                o       0)             o      n             0                         0         (2)(3)
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 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 .
(') Subject to the special levy fixed by Article 13 (3 ) of Regulation 136/ 66/EEC .
                                                                     ANNEX 11
                                       Special levy applicable to imports effected from 8 June 1973
                                                                                                                            Amount in
     CCT heading No                                               Description of goods                                      u. a. / 100 kg
ex 15.07 A II                     Virgin olive oil in immediate packings of a net capacity of 5 kg or
                                  less originating or coming from Spain                                                        14-121