COMMISSION REGULATION (EC) No 2146/95 of 8 September 1995 on the transitional adjustment of the  special arrangements for imports of olive oil originating in Algeria, Lebanon, Morocco, Tunisia and  Turkey with a view to implementing the Agreement on Agriculture concluded during the Uruguay Round  of multilateral trade negotiations and derogating from Council Regulations (EEC) No 1514/76, (EEC)  No 1620/77, (EEC) No 1521/76, (EEC) No 1508/76 and (EEC) No 1180/77
THE COMMISSION  OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and  transitional arrangements required in the agricultural sector in order to implement the agreements  concluded during the Uruguay Round of multilateral trade negotiations  (1), and in particular  Article 3 thereof,
Whereas the Cooperation Agreements between the European Economic Community, of the one part, and  the People's Democratic Republic of Algeria  (2), the Republic of Lebanon  (3), the Kingdom of  Morocco  (4) and the Republic of Tunisia  (5), of the other part, as well as Decision No 1/77 of  the EEC-Turkey Association Council of 22 December 1976 on new concessions for imports of Turkish  agricultural products into the Community lay down special arrangements for the importation of olive  oil falling within CN codes 1509 and 1510 wholly obtained in these countries and transported direct  to the Community;
Whereas these arrangements provide for a flat-rate reduction in the levy for olive oil other than  that which has undergone a refining process and, provided that the said countries collect an export  charge, an additional reduction in the applicable levy; whereas the arrangements grant exemption  from paying the fixed component of the import levy in the case of olive oil that has undergone a  refining process;
Whereas Council Regulation (EEC) No 1514/76 of 24 June 1976 on imports of olive oil originating in  Algeria  (6), as last amended by Regulation (EEC) No 1900/92  (7), Council Regulation (EEC) No  1620/77 of 18 July 1977 on imports of olive oil originating in Lebanon  (8), Council Regulation  (EEC) No 1521/76 of 24 June 1976 on imports of olive oil originating in Morocco  (9), as last  amended by Regulation (EEC) No 1901/92  (10), Council Regulation (EEC) No 1508/76 of 24 June 1976  on imports of olive oil originating in Tunisia  (11), as last amended by Regulation (EEC) No 413/86   (12) and Council Regulation (EEC) No 1180/77 of 17 May 1977 on imports into the Community of  certain agricultural products originating in Turkey  (13), as last amended by Regulation (EEC) No  1902/92  (14), lay down the rules for these arrangements;
Whereas the Community has committed itself pursuant to the Agreement on Agriculture concluded  during the Uruguay Round of multilateral trade negotiations  (15) to calculate tariff equivalents  for the variable agricultural levies and replace them with fixed customs duties from 1 July 1995;  whereas it is therefore necessary, pending the completion of new arrangements, to derogate  temporarily from Regulations (EEC) No 1514/76, (EEC) No 1620/77, (EEC) No 1521/76, (EEC) No 1508/76  and (EEC) No 1180/77;
Whereas Commission Regulation (EC) No 1477/95 of 28 June 1995 laying down certain transitional  measures for the implementation of the Uruguay Round Agreement on Agriculture as regards olive oil  lays down the duties to be applied to imports of olive oil during the period from 1 July to 31  October 1995 in place of the duties laid down in the Common Customs Tariff  (1);
Whereas provision must therefore be made to apply for a transitional period the flat-rate  reductions fixed for the various olive oils to the applicable customs duties; whereas those  reductions are ECU 4,661/100 kg and ECU 8,754/100 kg respectively for the oils concerned; whereas  those amounts should therefore be applied for Algeria, Morocco and Tunisia, and 80  % of those  amounts should be applied for Turkey;
Whereas both the replacement of the levies by fixed duties and the derogations to the above Council  Regulations also require amendments to Commission Regulations (EEC) No 1587/76  (2), (EEC) No  1880/77  (3), (EEC) No 1588/76  (4), (EEC) No 1586/76  (5) and (EEC) No 1401/77  (6) laying down  detailed rules for the importation of olive oil originating in Algeria, Lebanon, Morocco, Tunisia  and Turkey respectively; whereas, with a view to transparency, these Regulations should be repealed  and new detailed rules should be laid down while maintaining the most important elements of the  previous rules;
Whereas the arrangements for the import of olive oil originating in Tunisia provided for in the  Additional Protocol  (7) and in Council Regulation (EEC) No 3463/87 of 17 November 1987 laying down  general rules for imports of olive oil originating in Tunisia are not covered by this Regulation   (8);
Whereas the abovementioned factors necessitate the application of this Regulation from 1 July  1995;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Oils and Fats,
Notwithstanding Articles 1, 3, 4 and 5 of Regulations (EEC) No  1514/76, (EEC) No 1620/77, (EEC) No 1521/76 and (EEC) No 1508/76 and Articles 9 and 10 of  Regulation (EEC) No 1180/77, this Regulation lays down the rules for implementing the special  arrangements for the importation of olive oil originating in Algeria, Lebanon, Morocco, Tunisia and  Turkey between 1 July 1995 and 30 June 1996.
1.  The rate of customs duty applicable to imports into the Community of olive oil  falling within CN codes 1509  10 and 1510  00  10, other than that which has undergone a refining  process, wholly obtained in Algeria, Lebanon, Morocco, Tunisia or Turkey and transported direct to  the Community, shall be reduced by ECU 0,7245 per 100 kilograms.
2.  If Lebanon applies a special export charge to olive oil falling under the CN codes referred to  in paragraph 1, wholly obtained in Lebanon and transported direct from that country to the  Community, the applicable rate of customs duty shall be further reduced by an amount equal to the  special charge up to a limit of ECU 5,796 per 100 kilograms.
3.  If Algeria, Morocco or Tunisia apply a special export charge to olive oil falling under the CN  codes referred to in paragraph 1, wholly obtained in Algeria, Tunisia or Morocco and transported  direct from those countries to the Community, the applicable rate of customs duty shall be further  reduced by an amount equal to the special charge up to a limit of ECU 14,60 per 100 kilograms.
4.  If Turkey applies a special export charge to olive oil falling under the CN codes referred to  in paragraph 1, wholly obtained in Turkey and transported direct from that country to the  Community, the applicable rate of customs duty shall be further reduced by an amount equal to the  special charge up to a limit of ECU 13,14 per 100 kilograms.
1.  The rate of customs duty applicable to imports of olive oil having undergone a  refining process and falling within CN code 1509  90  00, wholly obtained in Algeria, Morocco or  Tunisia and transported direct from those countries to the Community, shall be reduced by ECU 4,661  per 100 kilograms.
The rate of customs duty applicable to imports of olive oil having undergone a refining process and  falling within CN code 1510  00  90, wholly obtained in Algeria, Morocco or Tunisia and transported  direct from those countries to the Community, shall be reduced by ECU 8,754 per 100 kilograms.
2.  The rate of customs duty applicable to imports of olive oil having undergone a refining process  and falling within CN code 1509  90  00, wholly obtained in Turkey and transported direct from that  country to the Community, shall be reduced by ECU 3,723 per kilograms.
The rate of customs duty applicable to imports of olive oil having undergone a refining process and  falling within CN code 1510  00  90, wholly obtained in Turkey and transported direct from that  country to the Community, shall be reduced by ECU 7,003 per 100 kilograms.
1.  The arrangements laid down in Article 2 (2) shall apply to all imports for which  the importer provides evidence that the special charge has been applied to the import price and  that he has refunded to the exporter, subject to the limit referred to in that paragraph, this  charge deductible upon import into the Community.
2.  For the purposes of this Regulation, the exporter is the person indicated on the EUR 1  certificate in the case of Algeria, Lebanon, Morocco and Tunisia and on the ATR 1 certificate in  the case of Turkey.
3.  The evidence referred to in paragraph 1 shall be supplied only by presenting a receipt issued  by a bank approved for the purpose into which the amount referred to in paragraph 1 has been paid  by way of refund of the charge; the receipt must contain at least:
-  the name and address of the exporter,
-  the number of the EUR 1 document relating to the transaction in the case of Algeria, Lebanon,  Morocco and Tunisia and the number of the ATR 1 document in the case of Turkey,
-  the amount of the sum paid.
The receipt for the sum paid may also be issued by a bank established in the importing Member State  with which Algeria, Lebanon, Morocco, Tunisia or Turkey has opened a special account with a view to  refunding the charge in the currency of that Member State. Algeria, Lebanon, Morocco, Tunisia and  Turkey shall notify the Commission in such cases; the Commission shall in turn immediately supply  the importing Member State with all useful information relating to the opening of the account in  question.
Regulations (EEC) No 1587/76, (EEC) No 1880/77, (EEC) No 1588/76, (EEC) No 1586/76 and  (EEC) No 1401/77 are hereby repealed.
This Regulation shall enter into force on the third day following its publication in  the Official Journal of the European Communities.
It shall apply from 1 July 1995 to 30 June 1996.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.