CELEX: 31976R3188
Language: en
Date: 1976-12-23 00:00:00
Title: Commission Regulation (EEC) No 3188/76 of 23 December 1976 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

No L 359/26                               Official Journal of the European Communities                             30. 12. 76
                                    COMMISSION REGULATION (EEC) No 3188/76
                                                       of 23 December 1976
               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
THE COMMISSION OF THE EUROPEAN                                      Whereas under Article 2 of Regulations (EEC) No
COMMUNITIES,                                                        2843/76 and (EEC) No 2844/76, where levies are fixed
                                                                    by tender, the persons concerned must submit an
Having regard to the Treaty establishing the European               application for an import licence at regular intervals ;
Economic Community,                                                 whereas, in order to ensure the harmonious operation
                                                                    of the system provided for in the said Article 2, these
Having regard to Council Regulation No 136/66/EEC                   applications should be submitted so as to enable the
of 22 September 1966 on the establishment of a                      minimum levy to enter into force once a week ;
common organization of the market in oils and
fats (!), as last amended by Regulation (EEC) No
1707/73 (2),
                                                                    Whereas the special security should be fixed at a level
Having regard to Council Regulation No 162/66/EEC                   which permits the system provided for in Article 2 of
of 27 October 1966 on trade in oils and fats between                Regulations (EEC) No 2843/76 and (EEC) No
the Community and Greece (3),                                       2844/76 to function properly ; whereas, for the sake of
                                                                    administrative simplicity, this special security should
Having regard to Council Regulation (EEC) No                         replace that provided for in Article 7 of Commission
2843/76 of 23 November 1976 laying down special                      Regulation (EEC) No 2041 /75 ;
measures in particular for the determination of the
offers of olive oil on the world market (4), and in parti­
cular Article 4 thereof,
                                                                     Whereas, in order to ensure that the minimum levy is
Having regard to Council Regulation (EEC) No                         fixed at a level as near as possible to that resulting
2844/76 of 23 November 1976 laying down special                      from the actual trend of the market, the factors to be
measures in particular for the determination of the                  taken into consideration when fixing that levy should
                                                                     be defined :
offers of olive oil on the Greek market (5), and in parti­
cular Article 5 thereof,
Whereas special rules for the application of the
system of import licences were laid down by Commis­                  Whereas all imports of the products in question
sion Regulation (EEC) No 2041 /75 of 25 July 1975                    become subject to the tendering procedure from the
on special detailed rules for the application of the                 time when the Commission decides to apply it ;
system of import and export licences and advance
fixing certificates for oils and fats (6), as last amended
by Regulation (EEC) No 3020/75 (7) ; whereas this
Regulation must be supplemented by the special provi­                Whereas under Article 10 of Commission Regulation
sions necessary for the application of the system of                 (EEC) No 2041 /75, no application for an import
                                                                     licence is required in respect of imports of products in
levies fixed by tender in the olive oil sector ;
                                                                     the olive oil sector not exceeding 100 kilogrammes,
                                                                     although such imports remain subject to the levy ;
Whereas these special provisions either complement
                                                                     whereas, for the sake of administrative simplicity, this
or derogate from those of Commission Regulation
                                                                     provision should be retained ;
(EEC) No 193/75 of 17 January 1975 laying down
common detailed rules for the application of the
 system of import and export licences and advance
 fixing certificates for agricultural products (8), as last          Whereas, in certain Member States, traders bring in
 amended by Regulation (EEC) No 499/76 (9) ;                         imports which involve small quantities ; whereas if
                                                                     such traders had to submit their offers under the
(') OJ   No L  172, 30 . 9 . 1966, p . 3025/66 .                     tendering procedure, the administrative load of the
(2) OJ   No L  175, 29 . 6. 1973, p . 5 .
(>) OJ   No L  197, 29 . 10 . 1966, p. 3393 / 66.                    competent bodies in the Member States would be
 <) OJ   No L  327, 26. 11 . 1976, p. 4.                             increased, without there being any improvement in
 *) OJ   No L  327, 26. 11 . 1976, p. 6.                             their knowledge of the market situation ; whereas the
 *) OJ   No L  213, 11 . 8 . 1975, p. 1 .                            tendering procedure should be applied only to applica­
 ') OJ   No L  299, 19 . 11 . 1975, p . 11 .
 8) OJ   No L  25, 31 . 1 . 1975, p. 10 .                            tions for licences relating to quantities of the product
 ') OJ   No L  59, 6 . 3 . 1976, p. 18 .                             in question in excess of 1 000 kilogrammes ;
 ---pagebreak--- 30. 12. 76                        Official Journal of the European Communities                         No L 359/27
Whereas in order to avoid any risk of disturbance of        3.    In the case of products falling within subheading
the Community market a levy should be charged in            23.04 A of the Common Customs Tariff, Section 7 of
the two cases referred to above ; whereas imports not       the licence application and of the licence shall state
exceeding 1 000 kilogrammes should be made subject          that the olive oil content exceeds 3 % and the
to the minimum levy applicable on the day of impor­         Common Customs Tariff number contained in
tation for each of the categories of olive oil in ques­     Section 8 shall be preceded by an 'ex'.
tion ; whereas, in order to ensure that the levy system
functions correctly, the number of applications for         4. The statement referred to in Article 2 (2) of Regu­
licences in respect of the quantities referred to above     lations (EEC) No 2843/76 and (EEC) No 2844/76
which may be submitted by any one importer should           shall include :
be limited ; whereas to this same end such licences
should be made non-transferable ;                           (a) the description of the product concerned, the rele­
                                                                vant tariff heading or subheading, and, in the case
Whereas special provisions should be laid down                  of a product produced entirely in Greece and trans­
regarding the arrangements applicable to products               ported direct from that country to the Commu­
with an oil content of between 3 and 4 % falling                nity, the word 'Greece' ;
within subheading 23.04 A of the Common Customs             (b) the quantity of the product and, where appro­
Tariff ;                                                        priate, the quality of olive oil in question ;
Whereas the measures provided for in this Regulation        (c) the rate of the gross levy per 100 kilogrammes of
                                                                product which the applicant undertakes to pay at
are in accordance with the opinion of the Manage­               the time of importation. This rate shall be
ment Committee for Oils and Fats,
                                                                expressed in the national currency of the Member
                                                                State in which the application is lodged.
                                                            5.    The Member States shall communicate to the
HAS ADOPTED THIS REGULATION :
                                                            Commission by telex, on the first working day
                                                            following the final date for the submission of applica­
                       Article 1                            tions, the number of applications as referred to in para­
                                                            graph 1 , broken down by origin, and, in respect of
As soon as the conditions laid down in Article 2 of         each such application, all the information required
Regulations (EEC) No 2843/76 and (EEC) No                   under paragraph 4.
2844/76 are satisfied, the Commission shall take a
Decision initiating the tendering procedure referred to                             Article 3
in the said Articles in respect of the products
concerned .
                                                            1 . The rate of the special security referred to in
                                                            Article 2 (2) of Regulations (EEC) No 2843/76 and
The Commission Decision shall be published forth­           (EEC) No 2844/76 shall be equal to 20 % of the levy
with in the Official Journal of the European Commu­         offered by each applicant in respect of the quantity of
nities.                                                     the product to be imported. This security shall replace
                                                            the one provided for in Article 7 of Regulation (EEC)
                                                            No 2041 /75.
                       Article 2
                                                            2. The security shall be released forthwith where no
1 . Applications for import licences shall be               import licence is issued.
submitted to the competent agencies in the Member
States on the Monday or Tuesday of each week.
                                                                                    Article 4
2. Where the applicant wishes to qualify for special
arrangements arising from agreements concluded              1 . The Commission shall fix the gross rate of the
between the Community and certain non-member                minimum levy in units of account per 100 kilo­
countries, he must indicate the said non-member             grammes for each of the products concerned, on the
country in accordance with Article 2 of Regulation          basis of an examination of the situation :
(EEC) No 2041 /75 within 15 days of the entry into
force of the minimum levy ; however, in the case of         — on the world or Greek markets, as appropriate, and
Greece this information must be furnished on the            — on the Community market,
licence application.
                                                            and of the rates of levy indicated by the tenderers. In
In cases other than those referred to above, the appli­     the case of products other than olive oil, the Commis­
cant may supplement his licence application at any          sion shall also take into account their oil content.
time within 15 days following the entry into force of
the minimum levy by entering the words 'non­                2.    The minimum levy shall be so fixed that it
member countries' in Sections 13 and 14 .                   enters into force once a week.
 ---pagebreak---  No L 359/28                                Official Journal of the European Communities                            30. 12. 76
                              Article 5                               competent agency, or has requested that Sections 13
                                                                      and 14 of the licence contain the words 'non-member
 1.    Section 20 of the licence shall contain one of the             countries'.
 following endorsements :
— rate of levy applicable (in national currency) per                  Where the applicant fails to furnish the above informa­
     100 kg,                                                          tion within 15 days following the entry into force of
— gültiger Abschöpfungssatz (in Landeswährung) per                    the minimum levy, the licence shall be issued upon
     100 kg,                                                          the expiration of this period. In this event Sections 1 3
                                                                      and 1 4 shall contain the words 'all non-member coun­
— tasso del prelievo applicabile (in moneta nazionale)                tries'.
     per 100 kg,
— toe te passen heffing (in nationale valuta) per 100                 3.      The licence shall be valid with effect from its
     kg.
                                                                      actual date of issue until the expiry of three months
— gaeldende afgitssats (i national valuta) pr. 100 kg,                from the date on which the minimum levy enters into
 — taux de prelevement (en monnaie nationale) par                     force .
     100 kg.
 2.    The rate indicated on the licence shall be that                4. The issue of a licence shall carry with it the obli­
 referred to in Article 2 (4) (c). However, where                     gation to import from the non-member country indi­
 Sections 13 and 14 of the licence issued contain the                 cated in Sections 13 and 14.
 name of a non-member country with which the
 Community has signed an agreement, the levy actu­
 ally paid by the importer shall be that referred to                                          Article 7
 above adjusted pursuant to the provisions of Council
 Regulations :
                                                                      1 . This Regulation shall not apply to imports of
— (EEC) No 2164/70 of 27 October 1970 on imports                      1 000 kilogrammes or less. Such imports, excluding
     of olive oil from Spain ('), as last amended by                  imports of 100 kilogrammes or less, shall be subject to
     Regulation (EEC) No 2277/71 0,                                   the system of licences laid down in Regulations (EEC)
— (EEC) No 1235/71 of 7 June 1971 on imports of                       No 193/75 and (EEC) No 2041 /75.
     olive oil from Turkey (3), as amended by Regula­
     tion (EEC) No 2277/71 ,                                          2. For as long as the tendering procedure referred
— (EEC) No 1508 /76 of 24 June 1976 on imports of                     to in Article 1 applies, the imports referred to in the
     olive oil originating in Tunisia (4),                            first sentence of the preceding paragraph shall be
— (EEC) No 1514/76 of 24 June 1976 on imports of                      subject to the last minimum levy fixed prior to the
     olive oil originating in Algeria (5),                            day of importation .
— (EEC) No 1521 /76 of 24 June 1976 on imports of
     olive oil originating in Morocco (6),                            3 . Each applicant may each week submit only one
                                                                      application for a licence relating to a quantity greater
— (EEC) No 2598 /76 of 25 October 1976 on the
                                                                      than 100 kilogrammes but not exceeding 1 000 kilo­
     standard amount for unrefined olive oil produced
                                                                      grammes. By way of derogation from Article 3 of
     entirely in Greece and transported direct from that
                                                                      Regulation (EEC) No 193/75, such licences shall not
     country to the Community (7).                                    be transferable .
                              Article 6
 1 . If the licence application contains the word                                             Article 8
'Greece' the licence shall be issued on the entry into
 force of the minimum levy with the word 'Greece' in                  1 . When, on the placing in free circulation of a
 Sections 13 and 14.                                                  product falling within subheading 23.04 A of the
                                                                      Common Customs Tariff, an import licence not
 2.    For imports from non-member countries other                    containing the statement referred to in Article 2 (3) is
 than Greece, the licence shall be issued as soon as the
                                                                      presented and analysis of the product reveals an oil
 applicant has furnished the information referred to in               content in excess of 3 % but not exceeding 4 % , the
Article 2 of Regulation (EEC) No 2041 /75 to the                      levy to be paid shall be the last minimum levy fixed
                                                                      before the date of importation .
(') OJ  No  L 238 ,  29 . 10 . 1970, p . 3 .
(2) OJ  No  L 241 ,  27.  10 . 1971 , p. 2.
(3) OJ  No  L  130,  16.  6. 1971 , p . 55 .                          2. The provisions of this Regulation shall not apply
(<) OJ  No  L  169,  28 . 6 . 1976, p . 9 .                           to those products falling within subheading ex 23.04
(*) OJ  No  L  169 , 28 . 6 . 1976, p. 24.
(') OJ  No  L  169 , 28 . 6. 1976, p. 43 .                            A of the Common Customs Tariff which have an oil
O   OJ  No  L 297,   28 . 10. 1976, p. 2 .                            content of 3 % or less .
 ---pagebreak--- 30 . 12. 76                      Official Journal of the European Communities                       No L 359/29
                       Article 9                                                    Article 10
The Commission shall inform the Member States                This Regulation shall enter into force on 1 January
                                                             1977 .
once a month of the application of the system of
fixing levies by tender.                                     It shall apply until 31 October 1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 23 December 1976 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission