THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 3159/87 of 19 October 1987 laying down special measures for imports of olive oil originating in Tunisia, and in particular Articles 1 and 4 thereof,

Whereas Regulation (EEC) No 3159/87 provides for the application of a reduced import levy on a certain quantity of olive oil originating in Tunisia; whereas, under Article 1 of that Regulation, the import levy applicable to that quantity must be fixed at a level that takes into account the prevailing market situation; whereas the import levy should be fixed at the level set out hereunder;

Whereas, pursuant to Article 4 of Council Regulation No 136/66/EEC, as last amended by Regulation (EEC) 1915/87, a threshold price must be fixed from 1 November for the 1987/88 marketing year; whereas a provision should therefore be adopted whereby the special levy must be adjusted to take account of possible future changes in the threshold price; whereas, under Article 4 of that Regulation, measures must be adopted in order to avoid any deflection of trade and, in particular, ensure that the levy applicable in the case of third countries is charged if the oil is released for consumption in Spain or Portugal;

Whereas the quantity of oil imported from Tunisia must not exceed that specified in Article 1 of Regulation (EEC) No 3159/87;

whereas, therefore, the tolerance provided for in Article 8 of Commission Regulation (EEC) No 3183/80 of 3 December 1980 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products, as last amended by Regulation (EEC) No 2082/87, should not be allowed;

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: