CELEX: 31973R0540
Language: en
Date: 1973-02-23 00:00:00
Title: Regulation (EEC) No 540/73 of the Commission of 23 February 1973 altering the compensatory amount for imports of certain olive oil originating in or coming from Spain

No L 51 /24                              Official Journal of the European Communities                               24. 2. 73
                                    REGULATION (EEC) No 540/73 OF THE COMMISSION
                                                        of 23 February 1973
               altering the compensatory amount for imports of certain olive oil originating in or
                                                         coming from Spain
 THE COMMISSION OF THE EUROPEAN                                        of the oils originating in or coming from that coun­
 COMMUNITIES ,                                                         try ;
 Having regard to the Treaty establishing the Euro­
 pean Economic Community ;                                             Whereas for the purpose of calculating this ratio,
                                                                       the value of oil cake and processing costs shall be
                                                                       taken into account ;
 Having regard to Council Regulation No 136/
 66/EEC (*) of 22 September 1966 on the establish­
 ment of a common organization of the market in                       Whereas Article 2 of Regulation No 143 / 67/EEC
 oils and fats, as last amended by the Act (2 )                       provides that any ban on exports, any charge on
 annexed to the Treaty (3) concerning the Accession                   exports or any equivalent measure applied to the
 of new Member States to the European Economic                        products from which the oil is obtained, is consid­
 Community and the European Atomic Energy                             ered to be a measure having equivalent effect to a
 Community signed at Brussels on 22 January 1972 ;                    premium or subsidy ;
Having regard to Council Regulation No 143 /
 67/EEC (4) of 21 June 1967 on the compensatory                       Whereas offers of large quantities of olive oil falling
amount applicable to imports of certain vegetable                     within subheading No 15.07 A I of the Common
oils, as last amended by Regulation ( EEC) No                          Customs Tariff originating in or coming from Spain
 2077/71 (5 ) and in particular Article 6 thereof ;                    on the Community market at low prices ; whereas,
                                                                       moreover, Spain applies a charge on exports of raw
                                                                      materials, in a amount appreciably higher than that
Whereas pursuant to the second subparagraph of                         of the charge applied on the oils in uestion ;
Article 3 (6 ) of Regulation No 136/66/EEC, a
compensatory amount may be charged on imports
of oil falling within heading No 15.07 of the                          Whereas, in accordance with Articles 1 and 2 of
Common Customs Tariff, excluding olive oil other                       Regulation No 283 / 67/EEC, offers of oils and raw
than that having undergone a refining process and                      materials must be converted to the fob stage ;
 falling within subheading No 15.07 A II, where, as
a result of direct or indirect subsidies or premiums
granted by a third country or of equivalent                           Whereas, these costs must, pursuant to Article 3 of
measures, the offer prices for such oil do not corres­                Commission Regulation No 283 /67/EEC (6) of 11
pond to the prices which would prevail in teh                         July 1967 on detailed rules for the application of
absence of such measures or practices and where                       the compensatory amount applicable to imports of
such a situation creates or is likely to create serious               certain vegetable oils, as amended by Regulation
problems for Community production of the oil in                        (EEC) No 501 /73 (7 ), should be estimated on the
question ;                                                            basis of factors which reflects as closely as possible
                                                                      conditions prevailing in that country ; whereas
                                                                      pursuant to Article 4 of that Regulation, reference
Whereas Article 1 of Regulation No 143 /67/EEC                        must be made, for the purpose of calculating the
provides in particular that where prices on importa­                  aforesaid ratio, to the yields in the xporting country
tion into the Community of olive oils falling within                  or in the country of origin ; whereas, however, they
subheading No 15.07 A I of the Common Customs                         may be estimated on the basis of known average
Tariff are, as a result of measures having an effect                  yields for these products ;
equivalent to a subsidy or premium, in a ratio to
the prices of the raw materials from which they
have been obtained differing from the ratio which                     Whereas the present prices of imports into the
would exist in the absence of such measures, a                        Community of olive oil falling within subheading
compensatory amount may be charged on imports                         No 15.07 A I of the Common Customs Tariff origi­
                                                                      nating in or coming from Spain are appreciably
                                                                      lower than the prices at whcih taht oil might be
(t)  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 .
H    OJ No   125, U. 6. 1967, p . 2463 /67 .                         (•) OJ No 151 , 13 . 7. 1967, p. 5 .
(») OJ  No L 220, 30. 9 . 1971 , p . 1 .                             ( 7 ) OJ No L 49 , 22 . 2 . 1973 , p. 18 .
 ---pagebreak---  24. 2 . 73                              Official Journal of the European Communities                           No L 51 /25
offered if it had been obtained from raw materials                  oil originating in or coming from Spain ; whereas
 at a price corresponding to the price at which raw                 since the adoption of this Regulation it appears that
 materials are offerd in the Community ; whereas                    application of the rules set out above to the price
therefore these prices are, as theresu It of a measure              disparity established by the Commission warrants
 having an effect equivalent to a subsidy or premium                an alteration of the compensatory amount fixed by
taken by Spain, in a ratio to the prices of the raw                 Regulation (EEC) No 502/73 .
materials different form the ratio which would exist
 in the absence of such a measure ;                                 Whereas the Management Committee for Oils and
                                                                    Fats has not deliverd an opinion within the time
Whereas this creates serious problems for the                       limit set by its Chairman ;
Community processing industry, and whereas these
problems could become worse in the future ;
whereas it therefore appears necessary to fix a                     HAS ADOPTED THIS REGULATION :
compensatory amount for imports of olive oil
falling within subheading No 15.07 A I of the
Common Customs Tariff originating in or coming                                              Article 1
from Spain ;
                                                                    The Member States shall apply to imports of olive
Whereas pursuant to Article 3 of Regulation No                      oils falling within subheading No 15.07 A I of the
143 / 67/EEC such compensatory amount may not                       Common Customs Tariff, originating in or coming
exceed the incidence of the measure taken by that                   from Spain, a compensatory amount equal to :
country on the price ratio ; whereas this incidence
coresponds to the aforesaid price disparity ;                      — 14 u.a./ lOO kg for oil in immediate packings of
                                                                        a net capacity not exceeding 0-916 kg ;
Whereas, in application of Article 4 of Regulation                  — 6 u.a./ lOO kg for oil in immediate packings of a
No 143 /67/CEE, this amount should apply to any                         net capacity of more than 0-916 kg but not ex­
oil falling within subheading No 15.07 A I of the                       ceeding 5 kg.
Common Customs Tariff for which a price
disparity has been recorded ;                                                               Article 2
Whereas Regulation ( EEC) No 502/73 (*) has fixed                  This Regulation shall enter into force on 25 February
a compensatory amount for imports of certain olive                  1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 23 February 1973 .
                                                                              For the Commission
                                                                                 The President
                                                                            Francois-Xavier ORTOLI
(!) OJ No L 49 , 22 . 2 . 1973 , p. 20 .