****

( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

( 2 ) OJ NO L 186 , 19 . 7 . 1980 , P . 1 .

( 3 ) OJ NO L 369 , 29 . 12 . 1978 , P . 12 .

( 4 ) OJ NO L 287 , 30 . 10 . 1978 , P . 2 .

( 5 ) OJ NO L 73 , 24 . 3 . 1979 , P . 13 .

( 6 ) OJ NO L 192 , 26 . 7 . 1980 , P . 21 .

COMMISSION REGULATION ( EEC ) NO 2939/80

OF 13 NOVEMBER 1980

AMENDING FOR THE EIGHTH TIME REGULATION ( EEC ) NO 557/79 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF CONSUMPTION AID FOR OLIVE OIL

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION 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 1917/80 ( 2 ), AND IN PARTICULAR ARTICLE 11 ( 5 ) THEREOF ,

WHEREAS ARTICLE 9 OF COUNCIL REGULATION ( EEC ) NO 3089/78 OF 19 DECEMBER 1978 LAYING DOWN GENERAL RULES IN RESPECT OF AID FOR THE CONSUMPTION OF OLIVE OIL ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2762/80 ( 4 ), REQUIRES THAT ANY RELEASE INTO FREE CIRCULATION IN THE COMMUNITY OF OLIVE OIL FALLING WITHIN SUBHEADING 15.07 A OF THE COMMON CUSTOMS TARIFF IS SUBJECT TO THE LODGING OF A SECURITY ; WHEREAS IT IS OPPORTUNE TO AMEND REGULATION ( EEC ) NO 557/79 ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1975/80 ( 6 );

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR OILS AND FATS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 557/79 IS AMENDED AS FOLLOWS :

1 . ARTICLE 13 IS REPLACED BY THE FOLLOWING :

' ARTICLE 13

1 . THE RELEASE INTO FREE CIRCULATION OF OLIVE OIL FALLING WITHIN SUBHEADING 15.07 A OF THE COMMON CUSTOMS TARIFF SHALL BE SUBJECT TO THE PRODUCTION OF PROOF THAT THE SECURITY REFERRED TO IN ARTICLE 9 OF REGULATION ( EEC ) NO 3089/78 HAS BEEN LODGED .

2 . THE SECURITY SHALL BE EQUAL TO THE AMOUNT OF THE CONSUMPTION AID PAID TO THE BENEFICIARY . IT SHALL BE LODGED IN RESPECT OF THE TOTALITY OF THE QUANTITY OF OLIVE OIL TO BE IMPORTED .

HOWEVER :

( A ) AS REGARDS OLIVE OIL FALLING WITHIN SUBHEADING 15.07 A I B ) OF THE COMMON CUSTOMS TARIFF ORIGINATING IN AND TRANSPORTED DIRECTLY FROM THE FOLLOWING COUNTRIES TO THE COMMUNITY , THE QUANTITY IN RESPECT OF WHICH THE SECURITY IS TO BE LODGED SHALL BE EQUAL :

- IN THE CASE OF TUNISIA AND TURKEY , TO 86 % ,

- IN THE CASE OF GREECE AND MOROCCO , TO 89 % ,

- IN THE CASE OF OTHER COUNTRIES , TO 97 %

OF THE TOTAL QUANTITY TO BE IMPORTED .

( B ) AS REGARDS OLIVE OIL FALLING WITHIN SUBHEADING 15.07 A I C ) OF THE COMMON CUSTOMS TARIFF , THE QUANTITY IN RESPECT OF WHICH THE SECURITY IS TO BE LODGED SHALL BE EQUAL TO 78 % OF THE TOTAL QUANTITY TO BE IMPORTED .

3 . THIS SECURITY SHALL BE LODGED , AT THE OPTION OF THE APPLICANT , IN CASH OR IN THE FORM OF A GUARANTEE GIVEN BY AN ESTABLISHMENT SATISFYING THE REQUIREMENTS LAID DOWN BY THE MEMBER STATE WITH WHICH THE SECURITY IS LODGED .

4 . THE SECURITY SHALL BE RELEASED ON PRESENTATION , SAVE IN CASES OF FORCE MAJEURE , WITHIN SIX MONTHS OF THE DATE OF RELEASE INTO FREE CIRCULATION , OF THE ORIGINAL COPY OF THE CERTIFICATE REFERRED TO IN ARTICLE 14 ( 3 ) IN RESPECT OF THE QUANTITY OF OLIVE OIL WHICH THAT CERTIFICATE SHOWS TO HAVE BEEN RENDERED INELIGIBLE FOR CONSUMPTION AID .

HOWEVER , AS REGARDS THE EXPORT OF OLIVE OIL OF SUBHEADING 15.07 A I B ) OR 15.07 A I C ) REFERRED TO IN ARTICLE 14 ( 1 ) ( B ), THE QUANTITY IN RESPECT OF WHICH THE SECURITY SHALL BE RELEASED SHALL BE EQUAL TO 86 AND 78 % RESPECTIVELY OF THE QUANTITY SHOWN ON THE CERTIFICATE .

WHERE THE TIME LIMIT REFERRED TO ABOVE IS NOT COMPLIED WITH , 10 % OF THE SECURITY SHALL BE FORFEIT FOR EACH MONTH ' S DELAY IN PRODUCING THE CERTIFICATE . WHERE THE CONDITIONS LAID DOWN IN THIS ARTICLE ARE SATISFIED IN RESPECT OF PART ONLY OF THE OIL CONCERNED , THE SECURITY SHALL BE RELEASED IN PROPORTION TO THE QUANTITY IN RESPECT OF WHICH THEY ARE SATISFIED . '

2 . ARTICLE 14 IS REPLACED BY THE FOLLOWING :

' ARTICLE 14

1 . THE OIL REFERRED TO IN ARTICLE 13 ( 4 ) SHALL BE DEEMED TO HAVE BEEN MADE INELIGIBLE FOR CONSUMPTION AID WITHIN THE MEANING OF ARTICLE 9 ( 2 ) OF REGULATION ( EEC ) NO 3089/78 WHEN :

( A ) IT HAS , IN A PLANT SITUATED IN THE COMMUNITY , BEEN PUT UP IN IMMEDIATE CONTAINERS OF A NET CONTENT OF FIVE LITRES OR LESS WHICH DO NOT BEAR THE IDENTIFICATION NUMBER PROVIDED FOR IN ARTICLE 4 ( 2 ), AND HAS LEFT THAT PLANT ,

OR

( B ) IT HAS LEFT THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY , EITHER IN BULK OR IN IMMEDIATE CONTAINERS OF A NET CONTENT OF MORE THAN FIVE LITRES WHICH DO NOT BEAR AN IDENTIFICATION NUMBER ,

OR

( C ) IT HAS BEEN USED IN THE MANUFACTURE OF PRESERVED FISH OR VEGETABLES WITHOUT BENEFITING FROM THE PRODUCTION REFUND FOR OLIVE OIL OF COMMUNITY ORIGIN USED IN SUCH MANUFACTURE ,

OR

( D ) IT HAS BEEN DEMONSTRATED , TO THE SATISFACTION OF THE MEMBER STATE CONCERNED , THAT THE OIL IMPORTED IN IMMEDIATE PACKAGES OF NOT MORE THAN FIVE LITRES , HAS BEEN RELEASED IN THAT CONDITION TO THE RETAIL TRADE .

2 . PLANTS PROPOSING TO USE THE OIL REFERRED TO IN ARTICLE 13 ( 4 ) IN ACCORDANCE WITH THE CONDITIONS SET OUT IN PARAGRAPH 1 ( A ) AND ( C ) SHALL INFORM THE AUTHORITIES OF THE MEMBER STATES CONCERNED IN ADVANCE .

PLANTS OTHER THAN APPROVED PLANTS WHICH PROPOSE TO USE THE OIL AS SPECIFIED IN PARAGRAPH 1 ( A ) SHALL KEEP STOCK RECORDS IN ACCORDANCE WITH POINTS ( B ) TO ( I ) OF ARTICLE 3 AND SHALL INDICATE THE STOCKS OF OLIVE OIL EXISTING AT THE DATE ON WHICH THE COMPETENT AUTHORITIES WERE NOTIFIED IN ACCORDANCE WITH THE PRECEDING PARAGRAPH .

PLANTS USING OIL IN ACCORDANCE WITH PARAGRAPH 1 ( C ) SHALL COMPLY WITH THE PROVISIONS OF REGULATION ( EEC ) NO 1963/79 .

3 . AT THE REQUEST OF THE PLANTS REFERRED TO IN PARAGRAPH 2 , THE COMPETENT AUTHORITIES SHALL ISSUE A CERTIFICATE , USING THE MODEL SET OUT IN THE ANNEX HERETO , AFTER CHECKING THAT THE PLANTS CONCERNED HAVE IN FACT USED THE OIL IN ACCORDANCE WITH THE CONDITIONS SET OUT IN PARAGRAPH 1 ( A ) AND ( C ) OR ( D ).

4 . IF THE OIL IS EXPORTED , PROOF OF EXPORT SHALL BE FURNISHED IN ACCORDANCE WITH THE RULES FOR GRANTING EXPORT REFUNDS . THIS PROOF MUST BE SUBMITTED TO THE COMPETENT AUTHORITIES OF THE MEMBER STATE IN WHICH THE EXPORT FORMALITIES WERE COMPLETED . ON REQUEST , THE AUTHORITIES SHALL ISSUE THE CERTIFICATE REFERRED TO IN PARAGRAPH 3 .

IF THE OIL WAS EXPORTED TO SWITZERLAND OR AUSTRIA UNDER THE COMMUNITY INTERNAL TRANSIT PROCEDURE , OR IF THE OIL CROSSED THESE COUNTRIES UNDER THIS PROCEDURE ON ITS WAY TO THE COUNTRY OF DESTINATION , THE CERTIFICATE SHALL BE ISSUED ON CONDITION THAT PROOF IS FURNISHED THAT THE OIL CONCERNED HAS BEEN PLACED IN FREE CIRCULATION IN A NON-MEMBER COUNTRY , EXCEPT WHERE IT HAS BEEN DESTROYED IN TRANSIT AS A RESULT OF FORCE MAJEURE .

5 . OLIVE OIL IN RESPECT OF WHICH A CERTIFICATE HAS BEEN ISSUED IN ACCORDANCE WITH PARAGRAPH 4 MAY NOT QUALIFY FOR AID UNDER REGULATION ( EEC ) NO 754/76 UNLESS THE CERTIFICATE IN QUESTION IS CANCELLED OR A NEW SECURITY LODGED IN ACCORDANCE WITH ARTICLE 13 . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY WITH EFFECT FROM 1 NOVEMBER 1980 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 13 NOVEMBER 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT