Commission Regulation (EEC) No 3136/78 of 28 December 1978 laying down detailed rules for fixing the import levy on olive oil by tender

Commission Regulation (EEC) No 3136/78
of 28 December 1978
laying down detailed rules for fixing the import levy on olive oil by tender
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats [1], as last amended by Regulation (EEC) No 1562/78 [2], and in particular Article 16 (6) thereof,
Having regard to Council Regulation (EEC) No 2749/78 of 23 November 1978 on trade in oils and fats between the Community and Greece [3], and in particular Article 5 (6) thereof,
Whereas Commission Regulation (EEC) No 2041/75 of 25 July 1975 [4], as last amended by Regulation (EEC) No 3020/75 [5], laid down special detailed rules for the application of the system of import and export licences and advance fixing certificates for oils and fats; whereas the special provisions necessary for the application of the system of levies fixed by tender in the olive oil sector need to be added to that Regulation;
Whereas those special provisions either complement or derogate from those of Commission Regulation (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 [6], as last amended by Regulation (EEC) No 1624/78 [7];
Whereas, under Article 2 of Council Regulation (EEC) No 2751/78 of 23 November 1978 laying down general rules for fixing the import levy on olive oil by tender [8], tenderers must submit an application for an import licence on the dates fixed by the Commission; whereas, for ease of administration these applications should be submitted in such a way that the minimum levy is calculated once a week;
Whereas the special security should be fixed at a level permitting the system for fixing the levy by tender to function properly; whereas, for the sake of administrative simplicity, this special security should replace that provided for in Article 7 of Regulation (EEC) No 2041/75;
Whereas all imports of the products in question become subject to the tendering procedure from the time when the Commission decides to apply it;
Whereas, under Article 10 of Regulation (EEC) No 2041/75, no application for an import licence is required in respect of imports of products in the olive oil sector not exceeding 100 kilograms, although such imports remain subject to the levy; whereas, for the sake of administrative simplicity, this provision should be retained;
Whereas in certain Member States traders import only small quantities; whereas, if such traders had to submit their offers under the tendering procedure, the administrative burden on the competent bodies in the Member States would be increased without any improvement in their knowledge of the market situation; whereas the tendering procedure should apply only to applications for licences relating to quantities of a product in excess of 20000 kilograms;
Whereas, in order to avoid any risk of disturbance of the Community market, a levy should be charged in the two cases referred to above; whereas imports not exceeding 21000 kilograms should be made subject to the minimum levy applicable on the day of importation for each category of olive oil in question; whereas, in order to ensure that the levy system functions correctly, the number of applications for licences in respect of the quantities referred to above which may be submitted by any one importer should be limited; whereas to this same end such licences should be made non-transferable;
Whereas, under Article 5 of Commission Regulation (EEC) No 2041/75, import licences applied for otherwise than under the tendering procedure are subject to a waiting period of four days; whereas experience has shown that such applications for licences are rare; whereas the abovementioned waiting period is therefore unnecessary;
Whereas, when olive oils or olives intended for the production of oil are covered either by the arrangements provided for in Council Directive 69/73/EEC of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing [9], as last amended by Directive 76/119/EEC [10], or by the system described in Article 9 of Commission Regulation (EEC) No 645/75 of 13 March 1975 laying down common detailed rules for the application of the export levies and charges on agricultural products [11], special provisions should be laid down to take account of the existence of a system of fixing levies by tender in the olive oil sector;
Whereas, in view of the relaxation of the arrangements applicable to the import of small quantities, it is desirable to monitor more closely trade movements in respect of such quantities; whereas Commission Regulation (EEC) No 205/73 on communications between Member States and the Commission concerning oils and fats [12], as last amended by Regulation (EEC) No 2413/77 [13], should therefore be amended;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,