CELEX: 31975R3046
Language: en
Date: 1975-11-22 00:00:00
Title: Regulation (EEC) No 3046/75 of the Commission of 21 November 1975 fixing the import levies on olive oil

No L 303/28                         Official Journal of the European Communities                             22. 11 . 75
                           REGULATION (EEC) No 3046/75 OF THE COMMISSION
                                                  of 21 November 1975
                                          fixing the import levies on olive oil
THE COMMISSION OF THE EUROPEAN                                 Whereas, in the case of imports subject to Article 13
COMMUNITIES,                                                   of Regulation No 136/66/EEC and to Article 9 of
                                                               Regulation No 162/66/EEC, the levy is equal to the
                                                               difference between the threshold price and the cif
Having regard to the Treaty establishing the European          price ; whereas, in the case of imports subject to
Economic Community ;                                           Article 3 of Regulation No 162/66/EEC, the levy is
                                                               equal to the difference between the threshold price
                                                               and the free-at-frontier price, less a standard amount ;
Having regard to Council Regulation No 136/
66/EEC (1) of 22 September 1966 on the establish­              Whereas the threshold price and the standard amount
ment of a common organization of the market in oils            are fixed by the Council every year ; whereas the
                                                               standard amount has been fixed for the 1975/ 1976
and fats, as last amended by Regulation (EEC) No
1 707/73 (2), and in particular Article 1 3 (4) thereof ;      marketing year by Council Regulation (EEC) No
                                                               2999/75 (7) of 17 November 1975 on the standard
                                                               amount for unrefined olive oil produced entirely in
                                                               Greece and transported direct from that country into
Having regard to Council Regulation No 162/                    the Community ; whereas the threshold price to apply
66/EEC (3) of 27 October 1966 on trade in oils and             is fixed by Council Regulation (EEC) No 1597/75 of
fats between the Community and Greece, and in parti­           24 June 1975 fixing the threshold price for olive oil
cular Articles 3 (4) and 9 thereof ;                           for the 1975/ 1976 marketing year applicable from 27
                                                               June 1975(8);
Having regard to Council Regulation (EEC) No                   Whereas the Commission determines the cif price
443/72 (4) of 29 February 1972 on the levies on                and the free-at-frontier price in relation to a Commu­
refined olive oil and on certain products containing           nity frontier crossing point ; whereas this crossing
olive oil and on certain products containing olive oil,        point was fixed by Council Regulation No 165/
and in particular Article 9 thereof ;                          66/EEC (9) of 27 October 1966 on price measures to
                                                               be applied to olive oil for the 1966/67 marketing
                                                               year ;
Having regard to Council Regulation (EEC) No
 1912/74 (5) of 22 July 1974 on imports of olive oil
from Tunisia, and in particular Article 5 thereof ;            Whereas those prices must be established on the basis
                                                               of the most favourable actual purchasing opportuni­
                                                               ties ; whereas the Commission must, theoretically,
                                                               take into account all offers for olive oil of the types
Having regard to Council Regulation (EEC) No                   listed in 1 and 4 of the Annex to Regulation No 136/
303/74 (6) of 4 February 1974 on imports of olive oil          66/ EEC made on the world market and on the Greek
from Morocco, and in particular Article 5 thereof ;            market ; whereas, if there are no such offers or if such
                                                               offers are not representative, the Commission must
                                                               take account of all offers made on the wholesale
 Having regard to the Opinion of the Monetary                  markets in the Community which are representative
 Committee ;                                                    for the importation (from the world market and the
                                                               Greek market) of these oils ;
Whereas Article 13 of Regulation No 136/66/EEC                 Whereas Article 2 (2) of Commission Regulation
 and Article 3 of Regulation No 162/66/EEC requires            (EEC) No 1004/71 ( 10) of 14 May 1971 , amended by
 the Commission to fix a levy on unrefined olive oil            Regulation (EEC) No 486/73 (u), on the fixing of
 imported into the Community ;                                  levies on unrefined olive oil provides, however, that
                                                                the Commission must disregard offers for products of
  ') OJ No  172, 30. 9. 1966, p. 3025/66.
  *) OJ No  L 175, 29. 6. 1973, p. 5.                          O OJ No L 299, 19. 11 . 1975, p. 3.
  3) OJ No  197, 29. 10. 1966, p. 3393/66.                     (8) OJ No L 163, 26. 6. 1975, p. 24.
  4) OJ No  L 54, 3. 3. 1972, p. 3.                             (') OJ No 197, 29. 10. 1966, p. 3399/66.
  ») OJ No  L 202, 24. 7. 1974, p. 6.                           (10) OJ No L 109, 15. 5. 1971 , p. 17.
  <) OJ No  L 34, 7. 2. 1974, p. 4.                             (») OJ No L 48, 21 . 2. 1973, p. 10 .
 ---pagebreak--- 22. 11 . 75                        Official Journal of the European Communities                         No L 303/29
mediocre quality, long-dated offers, and offers for           Commission Regulation No 172/66/EEC (1) of J
small lots and lots presented in small containers ;           November 1966 fixing coefficients of equivalence foi
whereas offers which are considered not to be repre­         the different types and qualities of unrefined olive oil
sentative of the real trend of the market and those to       as last amended by Regulation (EEC) No 992/72 (2)
which Article 13 (3) of Regulation No 136/66/EEC             whereas, in exceptional circumstances, different oi
applies must also be disregarded ;                           derived coefficients of equivalence may be applied foi
                                                             a limited period ;
Whereas, if no offers of the type mentioned above            Whereas a comparison of the information thus
have been made or if the offers made cannot be
                                                             obtained makes it possible to determine the mosl
considered, the prices ruling on the domestic markets        favourable offers on both the world market and on the
of the main oil-producing and oil-exporting third            Greek market ; ,
countries and on the Greek market should be taken
into account for the purpose of determining the cif
price and the free-at-frontier price ; whereas in such       Whereas, if no offer can be considered for the purpose
cases those prices should be increased by marketing,         of determining the cif price and the free-at-frontiei
loading, transport and insurance costs ;                     price, the price previously taken into account should
                                                             be maintained ;
Whereas, of the offers taken into consideration, c and
f offers should, pursuant to Article 4 of Regulation         Whereas, when the levies on refined (olive) oil, on
(EEC) No 1004/71 , be increased by 1 % ; whereas cif         olives falling within subheadings 07.01 N II and 07.03
offers for frontier crossing points other than the one       A II and on the products listed in Article 1 (2) (e) ol
referred to above should be adjusted for transport and       Regulation No 136/66/EEC are being calculated, the
insurance costs ; whereas offers for delivery fas, fob or    adjustment provided for in Articles 2, 3, 5 (1 ) and
otherwise should be increased by transport and insur­        Article 6 of Regulation (EEC) No 443/72 should be
ance costs from the point of shipment or loading to          applied to the levies previously defined and, in the
the abovementioned frontier crossing point and, in           case of those same products produced entirely in
the case of fas offers, by loading costs ;                   Greece and transported directly from that country intc
                                                             the Community, the adjustments provided for in
                                                             Article 4 ( 1 ) of Regulation No 162/66/EEC and
                                                             Articles 4, 5 (2) and 7 of Regulation (EEC) Nc
Whereas, if the offers taken into consideration are          443/72 ;
offers on the Community market, they should be
reduced by unloading or disembarkation costs, import
duties and levies and, where appropriate, by                 Whereas the fixed component of the levy determinec
forwarding or other costs incurred from the cif or free­     pursuant to Article 14 of Regulation No 136/66/EEC
at-frontier stage to the marketing stage for which the       is not charged on imports of refined olive oil
offers were made :                                           produced entirely in Tunisia or Morocco and trans­
                                                             ported directly from those countries into the Commu­
                                                             nity ;
Whereas, for the purpose of adjusting the offers taken
into   consideration, the    Commission     should   take    Whereas Article 5 ( 1 ) of Regulation (EEC) No 443/72
account only of the costs which to its knowledge are         provides that the levy on olives falling within subhead­
the lowest :
                                                             ings 07.01 N II and 07.03 A II should be reduced b)
                                                             the amount resulting from the application of the
                                                             customs duty to the value of the imported product
Whereas the cif price and the free-at-frontier price         whereas that amount was fixed at a standard rate by
should be determined for the product presented in            Commissiion Regulation (EEC) No 617/72 (3) on deter­
bulk ; whereas, if oil is presented otherwise than in        mining the incidence of customs duty on imports ol
bulk, the consequent increase in value should be             certain olives ;
deducted from the offers for unfiltered oil, whether
virgin, extra fine or ordinary, and should be increased
by an amount which allow for filtering costs ;               Whereas the levy on unrefined olive oil falling within
                                                             subheading 15.07 A II of the Common Customs
                                                             Tariff, produced entirely in Spain, Tunisia or Moroccc
                                                             and transported directly from those countries into the
Whereas, in order to obtain comparable information           Community is defined in Council Regulation (EEC
on oil of the type and quality for which the threshold
price was fixed, it is necessary to deduct or add to the     (') OJ No 202, 7. 11 . 1966, p. 3482/66.
offers considered, according to the type and quality in      (2) OJ No L 115, 17. 5. 1972, p. 7.
question, the values resulting from the provisions of        (3) OJ No L 78 , 31 . 3 . 1972, p. 3.
 ---pagebreak--- No L 303/30                           Official Journal of the European Communities                            22. 11 . 75
No 2164/70 (*) of 27 October 1970 on imports of                 Whereas, if the levy system is to operate normally,
olive oil from Spain, as amended by Regulation (EEC)             levies should be calculated on the following basis :
No 2277/71 (2) and by Regulations (EEC) No 1912/74              — in the case of currencies which are maintained in
and (EEC) No 303/74 ; whereas the levy to be charged
                                                                     relation to each other, at any given moment,
on products other than those defined in the above­
                                                                     within a band of 2-25 .% , a rate of exchange based
mentioned Regulations is calculated in accordance
                                                                     on their effective parity ;
with Article 13 of Regulation No 136/66/EEC ;
                                                                 — for other currencies an exchange rate based on the
Whereas, in accordance with Article 42 (a) of Regula­                arithmetic mean of the spot market rates of each
tion No 136/66/EEC, the nomenclature provided for                    of these currencies recorded for a given period, in
in this Regulation is incorporated in the Common                     relation to the Community currencies referred to
Customs Tariff ;                                                     in the previous subparagraph ;
Whereas the levies should be fixed as frequently as is           Whereas it follows from applying all these provisions
necessary to ensure stability of the Community                   to the offer prices known to the Commission that the
market and in such a way as to ensure that they can              levies should be fixed as shown in the Table annexed
be applied at least once a week ; whereas the levies             to this Regulation,
previously fixed should be retained where variations in
the factors used to calculate the levy would lead to an
increase or reduction of less than 0-50 unit of account          HAS ADOPTED THIS REGULATION :
in such levies ;
Whereas, however, levies cannot be fixed in accor­                                       Article 1
dance with this periodicity in the case of the applica­
tion of the export levies referred to in Article 18 of           The import levies referred to in Article 13 of Regula­
Regulation No 136/66/EEC and during the whole of                 tion No 136/66/EEC, Article 3 of Regulation No 162/
the period in which these export levies apply ;                   66/EEC, Article 9 of Regulation (EEC) No 443/72,
                                                                 Article 5 of Regulation (EEC) No 1912/74 and Article
Whereas Article 13 (3) of Regulation No 136/66/EEC                5 of. Regulation (EEC) No 303/74 are hereby fixed as
provides that where free quotations on the world                  shown in the Table annexed to this Regulation .
market are not a determining factor for the offer price
and where this price is lower than world market                                          Article 2
 prices, a price determined on the basis of the offer
 price shall be substituted for the cif price in respect of       This Regulation shall enter into force on 24
 these imports and these imports only ;                           November 1975.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 21 November 1975.
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                        Member of the Commission
 (') OJ No L 238 , 29 . 10. 1970, p. 3 .
 (2) OJ No L 241 , 27. 10 . 1971 , p. 2.
 ---pagebreak---  22. 11 . 75                                 Official Journal ot the European Communities                                     No L 303/31
                                                                       ANNEX
                                          Levies on imports from 24 November 1975 in u.a./100 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                        2-413                7-627             7-627                    8-327                       7-627
07.03 A II                        2-413                7-527             7-527                    8-327                       7-527
15.07 A I a )                    12-729              42-015             42-015                  45-215                       45-215
15.07 A I b)                     17-087              56-398             56-398                  62-398                       62-398
15.07 A II                       10-968              37-351 (»)         37-351 (*)              37-'851                      37-851 (2)
15.17 A I                         5-484              18-926             18-926                   18-926                      18-926
15.17 A II                        8-774              30-281             30-281                  30-281                       30-281
23.04 A                           0-877                3-028             3-028                    3-028                       3-028
(') The levy to be charged on imports of this product is defined in Council Regulations (EEC) No 303/74 and (EEC) No 1912/74 and Com
    mission Regulations (EEC) No 1936/75 and (EEC) No 1937/75 .
(•) 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 306/74 and Commission
    Regulation (EEC) No 1938/75.