CELEX: 31977R2413
Language: en
Date: 1977-10-31 00:00:00
Title: Commission Regulation (EEC) No 2413/77 of 31 October 1977 amending Regulation (EEC) No 3188/76 on rules for the implementation of the special measures for the determination of offers of olive oil on the world market and on the Greek market and Regulation (EEC) No 205/73 on communications between Member States and the Commission concerning oils and fats

1 . 11 . 77                             Official Journal of the European Communities                            No L 279/55
                                   COMMISSION REGULATION (EEC) No 2413/77
                                                      of 31 October 1977
              amending Regulation (EEC) No 3188/76 on rules for the implementation of the
              special measures for the determination of offers of olive oil on the world market
              and on the Greek market and Regulation (EEC) No 205/73 on communications
                    between Member States and the Commission concerning oils and fats
THE COMMISSION OF THE EUROPEAN                                    Whereas Article 2 (2) of Regulation (EEC) No 3188/76
COMMUNITIES,                                                      provides that the applicant must state the origin of the
                                                                  product to be imported within 15 days following the
Having regard to the Treaty establishing the European             entry into force of the minimum levy ; whereas, in
Economic Community,                                               view of trade practices in the sector, applicants cannot
                                                                  in some cases observe this time limit ; whereas it
Having regard to Council Regulation No 136/66/EEC                 should therefore be extended ;
of 22 September 1966 on the establishment of a
common organization of the market in oils and
fats (*), as last amended by Regulation (EEC) No                  Whereas Article 7 of Regulation (EEC) No 3188/76
1707/73 (2),                                                      limits the tendering procedure to applications for
                                                                  licences in respect of more than 1 000 kilograms ;
Having regard to Council Regulation No 162/66/EEC                 whereas imports of that quantity or less are subject to
of 27 October 1966 on trade in oils and fats between              the minimum levy in force on the day of importation
the Community and Greece (3),                                      for each category of olive oil concerned ;
Having regard to Council Regulation (EEC) No
2843/76 of 23 November 1976 laying down special                   Whereas experience has shown that imports of 10 000
measures in particular for the determination of the                kilograms or less are rare and have no real effect on
offers of olive oil on the world market (4), as amended            the market ; whereas, in order to simplify administra­
by Regulation (EEC) No 2361 /77 (5), and in particular             tive procedure, the arrangements in force for quanti­
Article 4 thereof,                                                 ties of 1 000 kilograms or less should be applied to
                                                                   such imports ;
Having regard to Council Regulation (EEC) No
2844/76 of 23 November 1976 laying down special
measures in particular for the determination of the               Whereas, pursuant to the provisions of Article 5 of
offers of olive oil on the Greek market (6), as amended            Commission Regulation (EEC) No 2041 /75 of 25 July
by Regulation (EEC) No 2361 /77, and in particular                 1975 on special detailed rules for the application of
Article 5 thereof,                                                 the system of import and export licences and advance
                                                                   fixing certificates for oils and fats (9), as last amended
Whereas Article 2 ( 1 ) of Commission Regulation                   by Regulation (EEC) No 3020/75 (10), import licences
(EEC) No 3188/76 of 23 December 1976 on rules for                  applied for otherwise than under the tendering arran­
the implementation of the special measures for the                gements are subject to a waiting period of four days ;
determination of offers of olive oil on the world                  whereas experience has shown that applications for
market and on the Greek market (7), as last amended                licences for such quantities are rare ; whereas the
by Regulation (EEC) No 983/77 (8), provides that appli­            abovementioned waiting period is therefore unneces­
cations for import licences must be submitted by a                 sary ;
specified hour on the Monday or Tuesday of each
week ; whereas experience has shown that, because of
the relatively limited nature of this period, applica­             Whereas, in view of the relaxation of the arrange­
tions are sometimes submitted outside the deadline ;               ments applicable to these imports, it is desirable to
                                                                   monitor more closely trade movements in respect of
Whereas, in order to facilitate trade, it should there­            such quantities ; whereas Commission Regulation
fore be provided that such applications will automati­             (EEC) No 205/73 of 25 January 1973 on communica­
cally be valid for the following tendering procedure ;             tions between Member States and the Commission
                                                                   concerning oils and fats (n ), as last amended by Regu­
(1) OJ   No 172, 30. 9. 1966, p. 3025/66.                          lation (EEC) No 1733/76 ( 12), should therefore be
0   OJ   No L 175, 29 . 6. 1973, p. 5.                             supplemented ;
(3) OJ   No 197, 29. 10. 1966, p. 3393/66.
(4) OJ   No L 327, 26. 11 . 1976, p. 4.
(5) OJ   No L 277, 29 . 10 . 1977, p. 2.                           (9) OJ No L 213 , 11 . 8 . 1975, p. 1 .
(6) OJ   No L 327, 26. 11 . 1976, p. 6.                            ( 10) OJ No L 299, 19 . 11 . 1975, p. 11
(7) OJ   No L 359, 30 . 12. 1976, p. 26.                           (») OJ No L 23, 29. 1 . 1973, p. 15.
(8) OJ   No L 118 , 11 . 5. 1977, p. 7.                            (") OJ No L 194, 20 . 7. 1976, p. 7.
 ---pagebreak---  No L 279/56                      Official Journal of the European Communities                                1 . 11 . 77
 whereas Regulations (EEC) No 2843/76 and (EEC)                  less, shall be subject to the system of licences laid
 No 2844/76 have been extended until 31 October                  down in Regulations (EEC) No 193/75 and (EEC)
 1978 ; whereas Regulation (EEC) No 3188/76 should               No 2041 /75.
therefore be likewise extended ;
                                                                 2. For as long as the tendering procedure
Whereas the measures provided for in this Regulation             referred to in Article 1 applies, the imports
are in accordance with the opinion of the Manage­                referred to in the first sentence of the preceding
ment Committee for Oils and Fats,                                paragraph shall be subject to the last minimum
                                                                 levy fixed prior to the day of importation .
HAS ADOPTED THIS REGULATION :
                                                                 3. Each applicant may each week submit only
                                                                 one application for a licence relating to a quantity
                        Article 1                                greater than 100 kilograms but not exceeding
The following third and fourth subparagraphs are                  1 0 000 kilograms. By way of derogation from
added to Article 2 ( 1 ) of Regulation (EEC) No                  Article 3 of Regulation (EEC) No 193/75, such
3188 /76 :                                                       licences shall not be transferable. Article 5 of Regu­
                                                                 lation (EEC) No 2041 /75 shall not apply thereto.'
    'Any applications submitted after the deadline on
    the Tuesday, or on any other subsequent day of
    the week, shall be deemed to have been submitted                                  Article 4
    on the Monday of the following week.
                                                             In the second paragraph of Article 10 of Regulation
    However, the provisions of the preceding subpara­        (EEC) No 3188/76 the date '31 October 1977' is
    graph shall not apply to applications submitted          replaced by '31 October 1978 '.
    after the deadline on the Tuesday unless the appli­
    cant has stated in his application that he wishes                                 Article 5
    them to apply.'
                                                             The following Article 6a is added to Regulation (EEC)
                        Article 2                            No 205/73 :
In Article 2 (2) of Regulation (EEC) No 3188/76 ' 15              Article 6a
days' is replaced by '30 days'.
                                                                 With regard to the system of import levies referred
                        Article 3                                to in Article 2 of Regulations (EEC) No 2843/76
                                                                 and (EEC) No 2844/76, Member States shall
Article 7 of Regulation (EEC) No 3188/76 is amended              inform     the  Commission, not later than           the
to read as follows :                                             Wednesday of each week, of the number of import
     Article 7                                                   licences for quantities not exceeding 10 000 kilo­
                                                                 grams applied for in the preceding week and of
    1 . This Regulation shall not apply to imports of            the quantities involved, broken down by product
    10 700 kilograms or less in the case of products             and, in the case of olive oil, by quality.'
    falling within subheading 23.04 A of the Common
    Customs Tariff or imports of 10 500 kilograms or
                                                                                      Article 6
    less in the case of other products.
    Subject as provided in paragraph 3 hereof, such          This Regulation shall enter into force on 1 November
    imports, excluding imports, of 100 kilograms or          1977 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 31 October 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President