CELEX: 31982R1079
Language: en
Date: 1982-05-07 00:00:00
Title: Commission Regulation (EEC) No 1079/82 of 6 May 1982 opening a standing invitation to tender for the sale for export of olive oil held by the Italian intervention agency

7 . 5 . 82                                Official Journal of the European Communities                         No L 125/ 19
                                     COMMISSION REGULATION (EEC) No 1079/82
                                                          of 6 May 1982
               opening a standing invitation to tender for the sale for export of olive oil held by
                                                 the Italian intervention agency
THE COMMISSION OF THE EUROPEAN                                      tion were to be exported in bulk to these two coun­
COMMUNITIES,                                                        tries, it might well damage this traditional export
                                                                    trade ; whereas, to guard against this danger, exporta­
Having regard to the Treaty establishing the European               tion in bulk or in immediate containers of a net
Economic Community,                                                 content of more than five litres should be allowed only
                                                                    to countries other than the United States of America
Having regard to Council Regulation No 136/66/EEC                   and Canada ;
of 22 September 1966 on the establishment of a
common organization of the market in oils and fats ('),             Whereas Article 20 of Commission Regulation (EEC)
as last amended by Regulation (EEC) No 3454/80 (2),                 No 2730/79 of 29 November 1979 laying down
and in particular Article 12 (4) thereof,                           common detailed rules for the application of the
                                                                    system of export refunds on agricultural products Q, as
Having regard to Council Regulation (EEC) No 5/81                   last amended by Regulation (EEC) No 2646/81 (8),
of 1 January 1981 laying down the general rules for                 specifies the evidence required to prove importation
the system of accession compensatory amounts for                    into non-Community countries ;
olive oil (3), and in particular Article 7 thereof,
                                                                    Whereas Commission Regulation (EEC) No 2566/79
Whereas Article 2 of Council Regulation (EEC) No                    of 15 November 1979 on the country nomenclature
2754/78 (4) provides that olive oil held by the interven­           for the external trade statistics of the Community and
tion agencies is to be put up for sale by tender ;                  statistics of trade between Member States (9) lists the
                                                                    non-member countries of Europe, Africa and the Near
Whereas, pursuant to Article 12 ( 1 ) of Regulation No              and Middle East ;
136/66/EEC, the Italian intervention agency has
bought in, since the 1975/76 marketing year, large                  Whereas the measures provided for in this Regulation
quantities of olive oil ;                                           are in accordance with the opinion of the Management
                                                                    Committee for Oils and Fats,
Whereas Commission Regulation (EEC) No
2960/77 (*), as last amended by Regulation (EEC) No
3473/80 (6), laid down the conditions for the sale by               HAS ADOPTED THIS REGULATION :
tender of olive oil for the Community market and for
export ; whereas at the present time there exist oppor­
tunities for exporting edible virgin olive oil ; whereas,                                    Article 1
therefore, the said oil should be put up for sale under a
standing invitation to tender ;                                      1 . The Italian intervention agency 'Azienda di Stato
                                                                    per gli interventi nel mercato agricolo', hereinafter
Whereas the minimum selling price is so fixed that                  referred to as 'AIMA', shall open a standing invitation
the Community operators enjoy equal conditions of                   to tender in accordance with the provisions of this
competition with operators in non-member countries ;                 Regulation and of Regulation (EEC) No 2960/77 for
whereas, accordingly, oil should under this Regulation              the sale for export of about 9 000 tonnes of extra
qualify neither for the export refund provided for in               quality virgin olive oil out of intervention purchases
Article 20 of Regulation No 136/66/ EEC nor for the                  made during the 1979/80 and 1980/81 olive oil
consumption aid provided for in Article 1 1 of the                   marketing years at a rate of 1 500 tonnes per month,
same Regulation ;                                                    this latter quantity being increased the following
                                                                     month by any quantity of olive oil remaining unsold
Whereas there is an established export trade in olive                from the previous invitations to tender.
oil put up in small containers from the Community to
the United States of America and to Canada ; whereas                 2. The quantities of olive oil awarded shall not be
if oil subject of an award by tender under this Regula­              exported in bulk or in immediate containers of a net
                                                                     content of more than five litres to the United States of
(') OJ   No  172, 30. 9. 1966, p. 3025/66.                           America or Canada.
(2) OJ   No  L 360, 31 . 12. 1980, p. 1 .
(3) OJ   No  L 1 , 1 . 1 . 1981 , p. 8 .
(4) OJ   No  L 331 , 28 . 11 . 1978 , p . 13 .                       0 OJ No L 317, 12. 12. 1979, p . 1 .
(*) OJ No L 348 , 30 . 12. 1977, p . 46 .                            (■) OJ No L 259, 12. 9 . 1981 , p. 10 .
(6) OJ No L 363, 31 . 12. 1980, p. 49 .                              0 OJ No L 294, 21 . 11 . 1979, p . 5 .
 ---pagebreak--- No L 125/20                        Official Journal of the European Communities                               7 . 5 . 82
                       Article 2                             tender shall be displayed at the head office of AIMA
The invitation to tender shall be made public on 10          not later than the seventh day of each month .
May 1982.                                                                             Article 7
Particulars of the lots of oil offered for sale and the      The security referred to in Article 7 of Regulation
places where they are stored shall be displayed at the       (EEC) No 2960/77 shall be 9-50 ECU per 100 kilo­
head office of AIMA, via Palestro 81 , Rome, Italy.          grams .
A copy of the invitation to tender referred to above         The security referred to in Article 1 2 (3) of Regulation
shall be sent without delay to the Commission .              (EEC) No 2960/77 shall be 165 ECU per 100 kilo­
                        Article 3                            grams of olive oil .
The first series of tenders must reach AIMA, Via
                                                             For the purposes of applying the provisions of Article
                                                              1 (2), the security referred to in the second subpara­
Palestro 81 , Rome, Italy, not later than 2 p.m . (local     graph of this Article shall not be released in the event
time) on 24 May 1982.                                        of olive oil being exported in bulk or in immediate
Subsequent series of tenders must be lodged by 2 p.m .       containers of a net content of more than five litres
on :                                                         unless proof is provided that the oil was imported into
— 23 June 1982,                                              a non-member country other than the United States of
— 23 July 1982,                                              America or Canada, except in cases where it has been
— 23 August 1982,                                            destroyed during transport as a result of force majeure
                                                             or that it has been used for supplies as indicated in
— 23 September 1982,
                                                             Article 5 of Regulation (EEC) No 2730/79 .
— 22 October 1982.
                                                             The Member States may, however, exempt the exporter
                        Article 4                            from producing the documentary evidence, other than
Not later than three days after the expiry of each time      the transport document, specified in Article 20 of
limit laid down for the submission of tenders, AIMA          Regulation (EEC) No 2730/79, in the case of a transac­
shall send the Commission a list, without mentioning         tion where there is reasonable certainty of arrival at
names, stating the highest tender received for each lot      destination of products for which a declaration of
put up for sale.                                             export to a non-member country in Europe, Africa, or
                                                             the Near or Middle East, listed in Regulation (EEC)
                        Article 5                             No 2566/ 79 , was made .
The minimum selling price shall be fixed, in accor­           In the case of export of oil in bulk, the security
dance with the procedure laid down in Article 38 of          referred to in the second subparagraph shall be forfeit
Regulation No 136/66/EEC, on the basis of the                up to the amount of the accession compensatory
tenders received, not later than the last working day of     amount applicable in trade between Greece and the
the month during which the tenders were submitted .          other Member States, if the party concerned does not
The decision fixing the minimum selling price shall           provide proof that it has not received the compensa­
be notified forthwith to the Member State concerned .         tory amount.
                        Article 6                                                     Article 8
The olive oil shall be sold by AIMA not later than the       The storage charge provided for in Article 1 5 of Regu­
seventh day of each month following that during               lation (EEC) No 2960/77 shall be Lit 3 500 per 100
which the tenders were submitted.                             kilograms .
AIMA shall supply the agencies responsible for storage                                Article 9
with a list of the lots remaining unsold.                    This Regulation shall enter into force on the day of its
A list of the lots put up for sale and a list of the lots     publication in the Official Journal of the European
remaining unsold from the previous invitations to              Com munities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 6 May 1982.
                                                                        For the Commission
                                                                          Poul DALSAGER
                                                                    Member of the Commission