CELEX: 31976R0751
Language: en
Date: 1976-04-01 00:00:00
Title: Commission Regulation (EEC) No 751/76 of 31 March 1976 fixing the import levies on olive oil

1 . 4. 76                                Official Journal of the European Communities                            No L 86/53
                                         COMMISSION REGULATION (EEC) No 751 /76
                                                          of 31 March 1976
                                               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
                                                                       price ; whereas, in the case of imports subject to
  Having regard to the Treaty establishing the European                Article 3 of Regulation No 162/66/EEC, the levy is
  Economic Community,                                                  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                   Whereas the threshold price and the standard amount
  of 22 September 1966 on the establishment of a                       are fixed by the Council every year ; whereas the
  common organization of the market in oils and                        standard amount has been fixed for the 1975/76
  fats (J), as last amended by Regulation (EEC) No                     marketing year by Council Regulation (EEC) No
  1 707/73 (2), and in particular Article 1 3 (4) thereof,             2999/75 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 162/66/EEC                    the Community (7) ; whereas the threshold price to
 of 27 October 1966 on trade in oils and fats between                 apply is fixed by Council Regulation (EEC) No
 the Community and Greece (3), and in particular Arti­                 1597/75 of 24 June 1975 fixing the threshold price
 cles 3 (4) and 9 thereof,                                            for olive oil for the 1975/76 marketing year applicable
                                                                      from 27 June 1975 (8) ;
                                                                      Whereas the Commission determines the cif price
 Having regard to Council Regulation (EEC) No                         and the free-at-frontier price in relation to a Commu­
 443/72 of 29 February 1972 on the levies on refined                  nity frontier crossing point ; whereas this crossing
 olive oil and on certain products containing olive                   point was fixed by Council Regulation No 165/
 oil (4), and in particular Article 9 thereof,                        66/EEC of 27 October 1966 on price measures to be
                                                                      applied to olive oil for the 1966/67 marketing year (9) ;
 Having regard to Council Regulation (EEC) No                         Whereas those prices must be established on the basis
  1912/74 of 22 July 1974 on imports of olive oil from                of the most favourable actual purchasing opportuni­
 Tunisia (5), and in particular Article 5 thereof,                    ties ; whereas the Commission must, theoretically,
                                                                      take into account all offers for olive oil of the types
                                                                      listed in 1 and 4 of the Annex to Regulation No 136/
                                                                      66/ EEC made on the world market and on the Greek
 Having regard to Council Regulation (EEC) No                         market ; whereas, if there are no such offers or if such
 303/74 of 4 February 1974 on imports of olive oil
 from Morocco (6), and in particular Article 5 thereof,               offers are not representative, the Commission must
                                                                      take account of all offers made on the wholesale
                                                                      markets in the Community which are representative
                                                                      for the importation (from the world market and the
 Having regard to the opinion of the Monetary                         Greek market) of these oils ;
 Committee,
                                                                      Whereas Article 2 (2) of Commission Regulation
                                                                      (EEC) No 1004/71 of 14 May 1971 ( 10), amended by
Whereas Article 13 of Regulation No 136/66/EEC                        Regulation (EEC) No 486/73 ( n ), on the fixing of
and Article 3 of Regulation No 162/66/EEC requires                    levies on unrefined olive oil provides, however, that
 the Commission to fix a levy on unrefined olive oil                  the Commission must disregard offers for products of
 imported into the Community ;                                        mediocre quality, long-dated offers, and offers for
                                                                     small lots and lots presented in small containers ;
(»)  OJ   No  172, 30 . 9 . 1966, p . 3025/66.
(2)  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 .                             O OJ No 197, 29 . 10 . 1966, p . 3399/66 .
(5)  OJ   No  L 202, 24. 7. 1974, p . 6.                             ( 10) OJ No L 109, 15 . 5 . 1971 , p. 17.
(6)  OJ   No  L 34, 7. 2. 1974, p . 4.                               (") OJ No L 48 , 21 . 2. 1973, p . 10 .
 ---pagebreak--- No L 86/54                          Official Journal of the European Communities                                1 . 4. 76
whereas offers which are considered not to be repre­          992/72 (2) ; whereas, in exceptional circumstances,
sentative of the real trend of "the market and those to       different or derived coefficients of equivalence may be
which Article 13 (3) of Regulation No 136/66/EEC              applied for a limited period ;
applies must also be disregarded ;
                                                              Whereas a comparison of the information thus
                                                              obtained makes it possible to determine the most
Whereas, if no offers of the type mentioned above             favourable offers on both the world market and on the
have been made or if the offers made cannot be
                                                              Greek market ;
considered, the prices ruling on the domestic markets
of the main oil-producing and oil-exporting third
countries and on the Greek market should be taken             Whereas, if no offer can be considered for the purpose
                                                              of determining the cif price and the free-at-frontier
into account for the purpose of determining the cif           price, the price previously taken into account should
price and the free-at-frontier price ; whereas in such        be maintained ;
cases those prices should be increased by marketing,
loading, transport and insurance costs ;
                                                              Whereas, when the levies on refined (olive) oil, on
                                                              olives falling within subheadings 07.01 N II and 07.03
Whereas, of the offers taken into consideration, c and        A II and on the products listed in Article 1 (2) (e) of
f offers should, pursuant to Article 4 of Regulation          Regulation No 136/66/EEC are being calculated, the
(EEC) No 1004/71 , be increased by 1 % ; whereas cif          adjustment provided for in Articles 2, 3, 5 ( 1 ) and
offers for frontier crossing points other than the one        Article 6 of Regulation (EEC) No 443/72 should be
referred to above should be adjusted for transport and        applied to the levies previously defined and, in the
insurance costs ; whereas offers for delivery fas, fob or     case of those same products produced entirely in
otherwise should be increased by transport and insur­         Greece and transported directly from that country into
ance costs from the point of shipment or loading to           the Community, the adjustments provided for in
the abovementioned frontier crossing point and, in            Article 4 ( 1 ) of Regulation No 162/66/EEC and
the case of fas offers, by loading costs ;                    Articles 4, 5 (2) and 7 of Regulation (EEC) No
                                                              443/72 ;
Whereas, if the offers taken into consideration are           Whereas Article 3 in each of Regulations (EEC) No
offers on the Community market, they should be                 601 /76 (3) and (EEC) No 602/76 (4) provides that no
reduced by unloading or disembarkation costs, import           levy shall be imposed on imports of olive oil cakes
duties and levies and, where appropriate, by                   and other residues falling within subheading 23.04 A
forwarding or other costs incurred from the cif or free­       of the Common Customs Tariff which have an oil
at-frontier stage to the marketing stage for which the         content of not more than 3 % ;
offers were made ;
                                                               Whereas the fixed component of the levy determined
Whereas, for the purpose of adjusting the offers taken         pursuant to Article 14 of Regulation No 136/66/EEC
into    consideration , the   Commission     should  take      is not charged on imports of refined olive oil
account only of the costs which to its knowledge are           produced entirely in Tunisia or Morocco and trans­
the lowest ;                                                   ported directly from those countries into the Commu­
                                                               nity ;
Whereas the cif price and the free-at-frontier priqe           Whereas Article 5 ( 1 ) of Regulation (EEC) No 443/72
should be determined for the product presented in              provides that the levy on olives falling within subhead­
bulk ; whereas, if oil is presented otherwise than in          ings 07.01 N II and 07.03 A II should be reduced by
bulk, the consequent increase in value should be               the amount resulting from the application of the
deducted from the offers for unfiltered oil, whether           customs duty to the value of the imported product ;
virgin, extra fine or ordinary, and should be increased        whereas that amount was fixed at a standard rate by
by an amount which allow for filtering costs ;                 Commissiion Regulation (EEC) No 617/72 (5) on deter­
                                                               mining the incidence of customs duty on imports of
                                                               certain olives ;
Whereas, in order to obtain comparable information
on oil of the type and quality for which the threshold
price was fixed, it is necessary to deduct or add to the       Whereas the levy on unrefined olive oil falling within
offers considered, according to the type and quality in        subheading 1 5.07 A II of the Common Customs
question, the values resulting from the provisions of          Tariff, produced entirely in Spain, Tunisia or Morocco
Commission Regulation No 172/66/EEC of 5                       and transported directly from those countries into the
November 1966 fixing coefficients of equivalence for           Community is defined in Council Regulation (EEC)
the different types and qualities of unrefined olive
oil (!), as last amended by Regulation (EEC) No                (2) OJ  No  L 115, 17. 5. 1972, p. 7.
                                                               (3) OJ  No  L 72, 18 . 3. 1976, p. 1 .
                                                               (4) OJ  No  L 72, 18 . 3 . 1976, p. 3 .
(') OJ No 202, 7. 11 . 1966, p. 3482/66.                       (5) OJ  No  L 78 , 31 . 3 . 1972, p. 3 .
 ---pagebreak---    1 . 4. 76                          Official Journal of the European Communities                            No L 86/ 55
   No 2164/70 of 27 October 1970 on imports of olive            determined on the basis of the offer price shall be
  oil from Spain (!), as amended by Regulation (EEC)            substituted respectively for the cif price referred to in
   No 2277/71 (2) and by Regulations (EEC) No 1912/74           Article 13 of Regulation No 136/66/EEC and for the
   and (EEC) No 303/74 ; whereas the levy to be charged         free-at-frontier price referred to in Article 3 of Regula­
  on products other than those defined in the above­            tion No 162/66/EEC for only those qualities
   mentioned Regulations is calculated in accordance            concerned ;
  with Article 13 of Regulation No 136/66/EEC ;
                                                                Whereas, if the levy system is to operate normally,
  Whereas, in accordance with Article 42 (a) of Regula­         levies should be calculated on the following basis :
   tion No 136/66/EEC, the nomenclature provided for            — in the case of currencies which are maintained in
   in this Regulation is incorporated in the Common                 relation to each other, at any given moment,
   Customs Tariff ;
                                                                    within a band of 2-25 % , a rate of exchange based
  Whereas the levies should be fixed as frequently as is            on their effective parity ;
  necessary to ensure stability of the Community                — for other currencies an exchange rate based on the
  market and in such a way as to ensure that they can               arithmetic mean of the spot market rates of each
  be applied at least once a week ; whereas the levies              of these currencies recorded for a given period, in
   previously fixed should be retained where variations in          relation to the Community currencies referred to
  the factors used to calculate the levy would lead to an           in the previous subparagraph ;
  increase or reduction of less than 0-50 unit of account
  in such levies ;                                              Whereas it follows from applying all these provisions
                                                                to the offer prices known to the Commission that the
  Whereas, however, levies cannot be fixed in accor­            levies should be fixed as shown in the table annexed
  dance with this periodicity in the case of the applica­       to this Regulation,
  tion of the export levies referred to in Article 18 of
  Regulation No 136/66/EEC and during the whole of
                                                                HAS ADOPTED THIS REGULATION :
  the period in which these export levies apply ;
  Whereas Article 13 (3) of Regulation No 136/66/EEC                                     Article 1
  provides that where free quotations on the world
   market are not a determining factor for the offer price      The import levies referred to in Article 13 of Regula­
v and where this price is lower than world market               tion No 136/66/ EEC, Article 3 of Regulation No 162/
  prices, a price determined on the basis of the offer          66/EEC, Article 9 of Regulation (EEC) No 443/72,
  price shall be substituted for the cif price in respect of    Article 5 of Regulation (EEC) No 1912/74 and Article
  these imports and these imports only ;                        5 of Regulation (EEC) No 303/74 are hereby fixed as
                                                                shown in the table annexed to this Regulation.
  Whereas Article 1 in each of Regulations (EEC) No
  601 /76 and (EEC) No 602/76 provides that where free                                   Article 2
  quotations on the world market or on the Greek
  market are not a determining factor for the offer price       This Regulation shall enter into force on 1 April
  for one or more qualities of unrefined olive oil, a price      1976.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                 Done at Brussels, 31 March 1976.
                                                                          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--- No L 86/56                                    Official Journal of the European Communities                                           1 . 4. 76
                                                                       ANNEX
                                              Levies on imports from 1 April 1976 in u.a./lOO 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                         8-377             14-377             14-377                     1.5-077                   14-377
07.03 A II                         8-377             14-277             14-277                     15-077                    14-277
15.07 Ala)                      . 42-820             76-068            76-068                      79-268                    79-268
15.07 A I b )                     57-480           102-110            102-110                     108-110                   108-110
15.07 A II a)                     38-077             68-030 H (3)       68-030 (!)(3)              68-530 (3)                68-530 (2)(3)
15.07 A II b )                    38-077             68-030 ('M3 )      68-030 (*)(3 )             68-530 (3 )               68-530 (2)(3)
15.17 A I                         19-039             34-265             34-265                     34-265                    34-265
15.17 A II                        30-462             54-824             54-824                     54-824                    54-824
23.04 A (4)                        3-046              5-482              5-482                      5-482                     5-482
(') 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 Coin­
    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.
(') The products falling within this subheading are defined in Commission Regulations (EEC) No 618/72 and (EEC) No 3366/75, at
    amended by Regulation (EEC) No 86/76.
(4) Pursuant to Article 3 of Regulations (EEC) No 601 /76 and ( EEC ) No 602/76 no import levy shall be applied to olive oil cakes and other
    residues falling within subheading 23.04 A of the Common Customs Tariff which have an oil content of not more than 3% .