CELEX: 31988R2760
Language: en
Date: 1988-09-06 00:00:00
Title: Commission Regulation (EEC) No 2760/88 of 5 September 1988 opening an invitation to tender for the sale for export to Tunisia of olive pomace-oil held by the Italian intervention agency

6. 9. 88                                 Official Journal of the European Communities                                No L 247/5
                                        COMMISSION REGULATION (EEC) No 2760/88
                                                        of 5 September 1988
                    opening an invitation to tender for the sale for export to Tunisia of olive
                                      pomace-oil held by the Italian intervention agency
  THE COMMISSION OF THE EUROPEAN x COMMUNITIES,                       as 'AIMA , shall open an invitation to tender in
                                                                      accordance with the provisions of this Regulation and of
  Having regard to the Treaty establishing the European               Regulation (EEC) No 2960/77 for the sale for export of
  Economic Community,                                                approximately 2 000 tonnes of olive pomace-oil.
  Having regard to Council Regulation No 136/66/EEC of
  22 September 1966 on the establishment of a common                  2. The quantities of olive-pomace oil awarded shall be
  organization of the market in oils and fats ('), as last           intended for export to Tunisia.
  amended by Regulation (EEC) No 2210/88 (2), and in
  particular Article 12 (4) thereof,                                 3. By way of derogation from Article 1 (2) of
 Whereas Article 2 (1 ) of Council Regulation (EEC) No               Regulation (EEC) No 2960/77 this oil must be exported
                                                                     without further processing.
  2754/78 (3) provides that olive oil held by the intervention
 agencies is to be put up for sale by tender ;
 Whereas, pursuant to Article 12 (1 ) of Regulation No                                         Article 2
  136/66/EEC, the Italian intervention agency has bought
 in large quantities of olive oil ;                                  The invitation to tender shall be made public on 19
                                                                     September 1988.
 Whereas Commission Regulation (EEC) No 2960/77 (4),
 as last amended by Regulation (EEC) No 3818/85 (*), laid
 down the conditions for the sale by tender of olive oil ;           Particulars of the lots of oil offered for sale and the places
 whereas at the present time there exist opportunities for           where they are stored shall be displayed at the head office
 exporting olive-pomace oil to Tunisia ;                             of AIMA, via Palestro 81 , Rome, Italy.
 Whereas the minimum selling price is so fixed that the              A copy of the invitation to tender referred to above shall
 Community operators enjoy equal conditions of                       be sent without delay to the Commission.
 competition with operators in non-member countries ;
 whereas, accordingly, oil should, under this Regulation,
 qualify neither for tne export refund provided for in
 Article 20 of Regulation No 136/66/EEC nor for the                                            Article 3
 consumption aid provided for in Article 1 1 of the same
 Regulation ;                                                        The tenders must reach AIMA, via Palestro 81 , Rome,
                                                                     Italy, not later than 2 p.m. (local time) on 27 September
 Whereas Article 18 of Commission Regulation (EEC) No                1988 .
 3665/87 of 27 November 1987* laying down common
 detailed rules for the application of the system of export
 refunds on agricultural products (6), specifies the evidence                                  Article 4
 required to prove importation into non-Community
 countries ;
                                                                     The tenders shall be submitted for an oil of 10° acidity.
Whereas the measures provided for in this Regulation are
 in accordance with the opinion of the Management                    Where the oil awarded has a different degree of acidity
 Committee for Oils and Fats,                                        from that for which the tender was submitted, the price to
                                                                     be paid shall be equal to the price tendered, increased or
                                                                     reduced in accordance with the scale below :
 HAS ADOPTED THIS REGULATION :
                                                                    — below . 10° down to 8° acidity :
                              Article 1                                  an increase of Lit 3 226 for each degree or fraction of
                                                                         a degree of acidity below 10° ,
 1.    The Italian intervention agency 'Azienda di Stato per
gli interventi nel mercato agricolo', hereinafter referred to       — below 8° f
                                                                         an additional increase of Lit 2 742 for each degree or
(') OJ  No   172, 30. 9. 1966, p. 3025/66.                               fraction of a degree below 8° ,
0   OJ  No   L 197, 26.  7. 1988, p. 1 .
0   OJ  No   L 331 , 28. 11 . 1978, p. 13.                          — above 10       :
0   OJ  No   L 348, 30.  12. 1977, p. 46.
0   OJ  No   L 368, 31 . 12. 1985, p. 20.                                a reduction of Lit 3 226 for each degree or fraction of
(«) OJ  No   L 351 , 14. 12. 1987, p. 1 .                                a degree above 10° .
 ---pagebreak---                                                                                                                      6. 9 . 88
No L 247/6                             Official Journal of the European Communities
                          Article 5                              2.     The security referred to in Article 7 of Regulation
                                                                 (EEC) No 2960/77 shall be Lit 30 000 per 100 kilograms.
Not later than three days after the expiry of the time limit
laid down for the submission of tenders, AIMA shall send         The security referred to in Article 12 (3) of Regulation
the Commission a list, without mentioning names, stating         (EEC) No 2960/77 shall be Lit 200000 per 100
the highest tenders received for eac;h lot put up for sale.      kilograms.
                                                                  For the purposes of applying the provisions of Article 1
                          Article 6                              (1 ), the security referred to in the second subparagraph of
                                                                  this paragraph shall not be released unless proof is
The minimum selling price per 100 kilograms of oil shall          provided that the oil was imported in Tunisia, except in
be fixed, in accordance with the procedure laid down in           cases where it has been destroyed during transport as a
Article 38 of Regulation No 136/66/EEC, on the basis of           result of force majeure.
the tenders received, not later than the tenth working day
 following the deadline for the submission of tenders. The        The Member States may, however, exempt the exporter
 decision fixing the minimum selling price shall be               from producing the documentary evidence, other than the
 notified forthwith to the Member State concerned.                transport document, specified in Article 1 8 of Regulation
                                                                  (EEC) No 3665/87, in the case of Article 19 of this
                                                                   Regulation.
                          Article 7
                                                                                             Article 9
 The olive oil shall be sold by AIMA not later than the
 fifth working day following that on which the decision            The storage charge provided for in Article 15 of
 referred to in Article 6 is notified. AIMA shall forward to       Regulation (EEC) No 2960/77 shall be Lit 4 000 per 100
 the storage agencies the list of lots not awarded.                kilograms.
                           Article 8                                                         Article 10
  1 . AIMA shall check that the oil exported is the same           This Regulation shall enter into force on the day of its
  as the oil withdrawn from intervention, in particular on         publication in the Official Journal of the European
                                                                   Communities.
  the basis of acidity and the presence of soap.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 5 September 1988 .
                                                                              For the Commission
                                                                                  r ,
                                                                               Frans ANDRIESSEN
                                                                                  Vice-President