CELEX: 31974R2474
Language: en
Date: 1974-09-30 00:00:00
Title: Regulation (EEC) No 2474/74 of the Commission of 30 September 1974 fixing a compensatory amount for imports of certain oils originating in or coming from Spain

No L 264/ 66                              Official Journal of the European Communities                               1 . 10 . 74
                              REGULATION (EEC) No 2474/74 OF THE COMMISSION
                                                      of 30 September 1974
              fixing a compensatory amount for imports of certain olive oils originating in or
                                                        coming from Spain
THE COMMISSION OF THE EUROPEAN                                      exports or any equivalent measure applied to the
COMMUNITIES,                                                         products from which the oil is obtained , is considered
                                                                    to be a measure having equivalent effect to a premium
Having regard to the Treaty establishing the European               or subsidy ;
Economic Community ;
                                                                    Whereas offers of large quantities of olive oils falling
Having regard to Council Regulation No 136/                         within subheading 15.07 A I .of the Common
66/ EEC (') of 22 September 1966 on the establish­                   Customs Tariff originating in or coming from Spain
ment of a common organization of the market in oils                 on the Community market at low prices ; whereas,
and fats, as last amended by Regulation (EEC) No                     moreover, Spain applies a charge on exports of raw
1707/73 (2 );                                                        materials, in a amount appreciably higher than that of
                                                                     the charge applied on the oils in question ;
Having regard to Council Regulation No 143/
67/EEC (3 ) of 21 June 1967 on the compensatory
amount applicable to imports of certain vegetable oils,             Whereas, in accordance with Articles 1 and 2 of Regu­
as last amended by Regulation (EEC) No 2077/71 (4),                  lation No 283 / 67/ EEC , offers of oils and raw materials
and in particular Article 6 thereof ;                                must be converted to the fob stage ;
Whereas pursuant to the second subparagraph of                       Whereas, these costs must, pursuant to Article 3 of
Article 3 (6) of Regulation No 136/66/ EEC, a compen­                Commission Regulation No 283/67/ EEC (5 ) of 11
satory amount may be charged on imports of oil                       July 1967 on detailed rules for the application of the
falling within heading No 15.07 of the Common                        compensatory amount applicable to imports of certain
Customs Tariff, excluding olive oil other than that                  vegetable oils, as amended by Regulation ( EEC) No
having undergone a refining process and falling                      501 /73 (6), should be estimated on the basis of factors
within subheading 1 5.07 A II , where, as a result of                which reflect as closely as possible conditions
direct or indirect subsidies or premiums granted by a                prevailing in that country ; whereas pursuant to
third country or of equivalent measures, the offer                   Article 4 of that Regulation , reference must be made,
prices for such oil do not correspond to the prices                  for the purpose of calculating the aforesaid ratio, to
which would prevail in the absence of such measures                  the yields in the exporting country or in the country
or practices and where such a situation creates or is                of origin ; whereas, however, they may be estimated
likely to create serious problems for Community                      on the basis of known average yields for these
production of the oil in question ;                                  products ;
Whereas Article 1 of Regulation No 143 / 67/ EEC                     Whereas the present prices of imports into the
provides in particular that where prices on importa­                 Community of olive oils falling within subheading
tion into the Community of olive oils falling within                  15.07 A I of the Common Customs Tariff originating
subheading 15.07 A I of the Common Customs Tariff                    in or coming from Spain are appreciably lower than
are, as a result of measures having an effect equivalent             the prices at which that oil might be offered if it had
to a subsidy or premium , in a ratio to the prices of the            been obtained from raw materials at a price corres­
raw materials from which they have been obtained                     ponding to the price at which raw materials are
differing from the ratio which would exist in the                    offered in the Community ; whereas therefore these
absence of such measures, a compensatory amount                      prices are, as the result of a measure having an effect
may be charged on imports of the oils originating in                 equivalent to a subsidy or premium taken by Spain , in
or coming from that country ;                                        a ratio to the prices of the raw materials different from
                                                                     the ratio which would exist in the absence of such a
Whereas for the purpose of calculating this ratio, the                measure ;
value of oil cake and processing costs shall be taken
 into account ;
                                                                     Whereas this creates serious problems for the Commu­
Whereas Article 2 of Regulation No 143 / 67/ EEC                      nity processing industry, and whereas these problems
                                                                     could become worse in the future ; whereas it there­
 provides that any ban on exports , any charge on
                                                                      fore appears necessary to fix a compensatory amount
(') OJ No 172, 30 . 9 . 1966, p. 3025/ 66 .                           for imports of olive oil falling within subheading
(-') O") No L 175, 29 . 6 . 1973, p. 5 .
(■') O [ No 125 , 26 . 6 . 1967 , p . 2463 / 67 .                    ( 3 ) OJ No LSI , 13 . 7 . 1967 , p. 5 .
H OJ No L 220 , 30 . 9 . 1971 , p . I.                               (") OJ No L 49 , 22 . 2 . 1973 , p. IS .
 ---pagebreak--- 1 . 10 . 74                        Official Journal of the European Communities                      No L 264/ 67
15.07 A I of the Common Customs Tariff originating           HAS ADOPTED THIS REGULATION :
in or coming from Spain ;
Whereas pursuant to Article 3 of Regulation No 143/                                   Article 1
67/EEC such compensatory amount may not exceed
the incidence of the measure taken by that country on        The Member States shall apply to imports of olive oils
the price ratio ; whereas this incidence corresponds to      falling within subheading 15.07 A I of the Common
the aforesaid price disparity ;                              Customs Tariff, originating in or coming from Spain ,
Whereas, in application of Article 4 of Regulation No         in immediate packings of a net capacity of more than
143/67/ EEC, this amount should apply to any oil             20 kg, a compensatory amount equal to 2 u.a./ lOO kg.
falling within subheading 15.07 A I of the Common
Customs Tariff for which a price disparity has been                                   Article 2
recorded ;
Whereas the Management Committee for Oils and                This Regulation shall enter into force on the day
Fats has not delivered an opinion within the time             following its publication in the Official Journal of
limit set by its Chairman ,                                   the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 30 September 1974.
                                                                       For the Commission
                                                                           The President
                                                                      Francois-Xavier ORTOLI