CELEX: 31973R3255
Language: en
Date: 1973-12-01 00:00:00
Title: Regulation (EEC) No 3255/73 of the Commission of 30 November 1973 fixing the import levies on olive oil

1 . 12 . 73                                 Official Journal of the European Communities                                 No L 331 /51
                                     REGULATION ( EEC) No 3255/73 OF THE COMMISSION
                                                              of 30 November 1973
                                                       fixing the import levies on olive oil
  THE COMMISSION OF THE EUROPEAN                                             Whereas the threshold price and the standard
  COMMUNITIES ,                                                               amount are fixed by the Council every year ; whereas
                                                                              they have been fixed for the 1973 /74 marketing
 Having regard to the Treaty establishing the Euro­                          year by Council Regulation ( EEC ) No 3207/73 (8)
 pean Economic Community ;                                                   of 27 November 1973 fixing the threshold price for
                                                                              olive oil for the 1973 74 marketing year and by
 Having regard to Council Regulation No 136/66 /                             Council Regulation ( EEC) No 3210/73 (9 ) of
 EEC (') of 22 September 1966 on the establishment                           27 November 1973 on the standard amount for unre­
 of a common organization of the market in oils and                          fined olive oil produced entirely in Greece and trans­
  fats , as last amended by Regulation ( EEC ) No                            ported directly from that country into the Commu­
  1707/73 ( 2 ), and in particular Article 13 (4) thereof ;                  nity ;
 Having regard to Council Regulation No 162/66/                              Whereas the Commission determines the cif price
 EEC ( 3 ) of 27 October 1966 on trade in oils and fats                      and the free-at-frontier price in relation to a Com­
 between the Community and Greece , and in particu­                          munity frontier crossing point ; whereas this cross­
 lar Articles 3 (4) and 9 thereof ;                                          ing point was fixed by Council Regulation No 165 /
                                                                             66/EEC ( 10 ) of 27 October 1966 on price measures to
 Having regard to Council Regulation ( EEC ) No 443 /                         be applied to olive oil for the 1966/67 marketing
 72 (4 ) of 29 February 1972 on the levies on refined                        year ;
 olive oil and on certain products containing olive
 oil , and in particular Article 9 thereof ;                                 Whereas those prices must be established on the
                                                                             basis of the most favourable actual purchasing oppor­
 Having regard to Council Regulation ( EEC ) No                              tunities ; whereas the Commission must, theoreti­
 2165/70 ( 5 ) of 27 October 1970 on imports of olive                        cally, take into account all offers for olive oil of the
oil from Tunisia, as amended by Regulation ( EEC )                           types listed in 1 and 4 of the Annex to Regulation
 No 2277/71 (6 ), and particular Article 5 thereof ;                        No 136 /66/EEC made on the world market and on
                                                                            the Greek market ; whereas, if there are no such of­
Having regard to Council Regulation ( EEC ) No 463 /'                        fers or if such offers are not representative, the Com­
 71 ( 7 ) of 1 March 1971 on imports of olive oil from                       mission must take account of all offers made on the
Morocco, as amended by Regulation ( EEC ) No 2277/                           wholesale markets in the Community which are
71 , and in particular Article 5 thereof ;                                   representative for the importation ( from the world
                                                                             market and the Greek market) of these oils ;
 Having regard to the Opinion of the Monetary Com­
 mitee ;
                                                                            Whereas Article 2 (2 ) of Commission Regulation
Whereas Article 13 of Regulation No 136/66/ EEC                             ( EEC ) No 1004/71 (») of 14 May 1971 , amended by
 and Article 3 of Regulation No 162/66'EEC requires                          Regulation ( EEC ) No 486/73 ( 12 ), on the fixing
the Commission to fix a levy on unrefined olive oil                         of levies on unrefined olive oil provides, however,
imported into the Community ;                                               that the Commission must disregard offers for pro­
                                                                            ducts of mediocre quality , long-dated offers, and of­
Whereas, in the case of imports subject to Article 13                       fers for small lots and lots presented in small con­
of Regulation No 136/66/EEC and to Article 9 of                             tainers ; whereas offers which are considered not to
Regulation No 162/66/EEC, the levy is equal to the                          be representative of the real trend of the market and
difference between the threshold price and the cif                          those to which Article 13 ( 3 ) of Regulation No 136/
price ; whereas, in the case of imports subject to                          66/ EEC applies must also be disregarded ;
Article 3 of Regulation No 162/66/EEC, the levy is
equal to the difference between the threshold price                        Whereas , if no offers of the type mentioned above
and the free-at-frontier price , less a standard                            have been made or if the offers made cannot be
amount :                                                                   considered , the prices ruling on the domestic mar­
                                                                           kets of the main oil-producing and oil-exporting
                                                                           third countries and on the Greek market should be
(»)   OJ  No   172 , 30. 9 . 1966, p . 3025 /66 .
(*)   OJ  No   L 175 , 29 . 6 . 1973 , p . 5 .
(»)   OJ  No   197, 29 . 10. 1966 , p . 3393 /66 .                         (8)   OJ  No  L 327 , 28 . 11 . 1973 , p . 13 .
{*)   OJ  No   L 54 , 3 . 3 . 1972 , p . 3 .                               (»)   OJ  No  L 327, 28 . 11 . 1973 , p . 17 .
(")   OJ  No   L 238 , 29 . 10 . 1970, p . 4 .                             (">)   OJ No  197, 29 . 10. 1966 , p . 3399/66 .
(•)   OJ  No   L 241 , 27. 10 . 1971 , p . 2 .                             (")    OJ No  L 109 , 15 . 5 . 1971 , p . 17 .
(7)   OJ  No   L 53 , 5 . 3 . 1971 , p . 9 .                               C 2)  OJ  No  I. 48 , 21 . 2 . 1973 , p . 10 .
 ---pagebreak---    No L 331 /52                       Official Journal of the European Communities                             1 . 12 . 73
 taken into account for the purpose of determining               equivalence for the different types and qualities of
 the cif price and the free-at-frontier price ; whereas          unrefined olive oil , as last amended by Regulation
  in such cases those prices should be increased by              ( EEC ) No 992/72 (2 ) ; whereas, in exceptional cir­
 marketing, loading, transport and insurance costs ;             cumstances, different or derived coefficients of equi­
                                                                 valence may be applied for a limited period ;
 Whereas, of the offers taken into consideration, c
 and f offers should, pursuant to Article 4 of Regu­             Whereas a comparison of the information thus ob­
 lation (EEC) No 1004/71 , be increased by 1 °/o ;               tained makes it possible to determine the most fa­
 whereas cif offers for frontier crossing points other           vourable offers on both the world market and on
 than the one referred to above should be adjusted for           the Greek market ;
 transport and insurance costs ; whereas offers for
 delivery fas, fob or otherwise should be increased by
 transport and insurance costs from the point of ship­
 ment or loading to the abovementioned frontier                  Whereas, if no offer can be considered for the pur­
 crossing point and, in the case of fas offers, by load­         pose of determining the cif price and the free-at­
 ing costs ;                                                     frontier price, the price previously taken into ac­
                                                                 count should be maintained ;
 Whereas, if the offers taken into consideration are
 offers on the Community market, they should be re­              Whereas , when the levies on refined ( olive) oil, on
 duced by unloading or disembarkation costs, import              olives falling within subheadings Nos 07.01 N II and
 duties and levies and, where appropriate, by for­               07.03 A II and on the products listed in Article 1 (2)
 warding or other costs incurred from the cif or free­           ( e ) of Regulation No 136/66/EEC are being calcu­
 at-frontier stage to the marketing stage for which              lated, the adjustment provided for in Articles 2, 3, 5
 the offers were made ;                                          ( 1 ) and Article 6 of Regulation ( EEC) No 443/72
                                                                 should be applied to the levies previously defined
                                                                and , in the case of those same products produced
                                                                entirely in Greece and transported directly from that
                                                                 country into the Community, the adjustments pro­
 Whereas, for the purpose of adjusting the offers                vided for in Article 4 ( 1 ) of Regulation No 162/66/
 taken into consideration, the Commission should                 EEC and Articles 4, 5 ( 2 ) and 7 of Regulation (EEC)
 take account only of the costs which to its know­               No 443/72 ;
 ledge are the lowest ;
                                                                Whereas the fixed component of the levy determined
 Whereas the cif price and the free-at-frontier price            pursuant to Article 14 of Regulation No 136/66/
 should be determined for the product presented in               EEC is not charged on imports of refined olive oil
 bulk ; whereas, if oil is presented otherwise than in           produced entirely in Tunisia or Morocco and trans­
 bulk, the consequent increase in value should be de­           ported directly from those countries into the Com­
 ducted from the offers for unfiltered oil , whether vir­       munity ;
 gin, extra fine or ordinary, and should be increased
 by an amount which allows for filtering costs ;
                                                                Whereas Article 5 ( 1 ) of Regulation (EEC) No
                                                                443/72 provides that the levy on olives falling within
Whereas, in order to obtain comparable information              subheadings Nos 07.01 N II and 07.03 A II should
on oil of the type and quality for which the threshold           be reduced by the amount resulting from the applica­
price was fixed , it is necessary to deduct or                  tion of the customs duty to the value of the im­
add to the offers considered, according to the type             ported product ; whereas that amount was fixed at a
and quality in question, the values resulting from              standard rate by Commission Regulation (EEC) No
the provisions of Commission Regulation No 172/66/              617/72 (3 ) on determining the incidence of customs
EEC (') of 5 November 1966 fixing coefficients of               duty on imports of certains olives ;
                                                                (») OJ No L 115, 17. 5 . 1972, p. 7.
(*) OJ No 202, 7. 11 . 1966, p. 3482/66.                        (') OJ No L 78, 31 . 3 . 1972, p. 3.
 ---pagebreak---   1 . 12. 73                           Official Journal of the European Communities                           No L 331 /53
 Whereas the levy on unrefined olive oil falling                  in respect of these imports and these imports only,
 within subheading No 15.07 A II of the Common                    whereas this situation exists at present for offers of
 Customs Tariff, produced entirely in Spain, Tunisia              virgin olive oil sold in small containers originating
 or Morocco and transported directly from those                   in or coming from Spain, whereas it is therefore de­
 countries into the Community is defined in Council               sirable to fix a special levy for these imports ;
 Regulation (EEC) No 2164/70 (*) of 27 October
 1970 on imports of olive oil from Spain, as amended              Whereas, if the levy system is to operate normally,
 by Regulation (EEC) No 2277/71 and by Regula­                    levies should be calculated on the following basis :
 tions ( EEC) No 2165/70 and ( EEC) No 463/71 ;
 whereas the levy to be charged on products other                 — in the case of currencies which are maintained in
 than    those  defined  in  the    abovementioned      Re­           relation to each other, at any given moment,
gulations is calculated in accordance with Article 13                 within a band of 2-25 °/o, a rate of exchange
 of Regulation No 136/66/EEC ;                                        based on their effective parity ;
Whereas, in accordance with Article 42 (a) of Regu­              — for other currencies an exchange rate based on
lation No 136/66/EEC, the nomenclature provided                       the arithmetic mean of the spot market rates
for in this Regulation is incorporated in the Com­                    of each of these currencies recorded for a given
mon Customs Tariff ;                                                  period, in relation to ithe Community currencies
                                                                      referred to in the previous subparagraph ;
Whereas the levies should be fixed as frequently a '
                                                                 Whereas it follows from applying all these provi­
is necessary to ensure stability of the Community
                                                                 sions to the offer prices known to the Commission
market and in such a way as to ensure that they can              that the levies should be fixed as shown in the Table
be applied at least once a week ; whereas the levies
                                                                 annexed 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             HAS ADOPTED THIS REGULATION :
account in such levies ;
                                                                                          Article 1
Whereas, however, levies cannot be fixed in accor­
dance with this periodicity in the case of the applica­          The import levies referred to in Article 13 of Regula­
tion of the export levies referred to in Article 18 of           tion No 136/66/EEC, Article 3 of Regulation No
Regulation No 136/66/EEC and during the whole of                  162/66/EEC, Artiole 9 of Regulation ( EEC ) No
the period in which these export levies apply ;                  443/72, Article 5 of Regulation (EEC) No 2165/70
                                                                 and Article 5 of Regulation (EEC) No 463/71 are
Whereas Article 13 (3 ) of Regulation No 136/66/                 hereby fixed as shown in the Table annexed to this
EEC provides that where free quotations on the                   Regulation.
world market are not a determining factor for the                                         Article 2
offer price and where this price is lower than world
market prices, a price determined on the basis of                 This Regulation shall enter into force on 1 December
the offer price shall be substituted for the cif price           1973 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 30 November 1973 .
                                                                            For the Commission
                                                                             P.J. LARDINOIS
                                                                        Member of the Commission
(«) OJ No L 238, 29. 10. 1970, p . 3 .
 ---pagebreak---    No L 331 /54                               Official Journal of the European Communities                                                  1 . 12 . 73
                                                                           ANNEX I
                                            Levies on imports from 1 December 1973 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                          0                0                         0                        0                        0
 07.03 A II                          0                0                         0                        0                        0
 15.07 A I a )                       0                0                         0                        3-200                    3-200
 15.07 A I b)                        0                0                         0                        6-000                    6000
 15.07 A II                          0                o       o                 0      (*)               0                       0         (*)(»)
 15.17 A I                           0                0                         0                        0                        0
 15.17 A II
23.04 A
                                     0                0
                                                                                0
                                                                                0
                                                                                           J             0                        0
                                     0                0                                                  0                        0
  (') The levy to be charged on imports of this product is defined in Council Regula';ons (EEC) No 2165/70 and (EEC) No 463/71 and in
      Commission Regulations (EEC ) No 2495/71 and (EEC) No 2697/71 .
 (') The levy to be charged on imports of olive oil other than refined, entirely ob ,*ined 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 1235/71 .
(') Subject to the special levy fixed by Article 13 (3 ) of Regulation 136/ S6/EEC .
                                                                          ANNEX II
                                     Special levy applicable to imports effected from 1 December 1973
      CCT heading No                                                                                                             Amount in
                                                                  Description of goods                                           u. a. / 100 kg
ex 15.07 A II                     Virgin olive oil in immediate packings of a net capacity of 5 kg or
                                  less originating or coming from Spain                                                          25-131 (»)
 (') The levy charged for this product shall be reduced by 0-50 u . a . / 100 kg in accordance with Regulation (EEC) No 2164/70.