CELEX: 31976R2662
Language: en
Date: 1976-10-29 00:00:00
Title: Commission Regulation (EEC) No 2662/76 of 29 October 1976 on the putting up for sale of olive oil held by the Italian intervention agency

30 . 10 . 76                              Official Journal of the European Communities                         No L 300/ 61
                                     COMMISSION REGULATION (EEC) No 2662/76
                                                         of 29 October 1976
                 on the putting up for sale of olive oil held by the Italian intervention agency
THE COMMISSION OF THE EUROPEAN                                       as regards the exact definition of the product to which
 COMMUNITIES,                                                        it relates ;
 Having regard to the Treaty establishing the European               Whereas, in order to guarantee performance of the
 Economic Community,                                                 obligations resulting from the submission of an appli­
                                                                     cation, provision should be made for the lodging of a
 Having regard to Council Regulation No 136/66/ EEC                  security ;
of 22 September 1966 on the establishment of a
common organization of the market in oils and                        Whereas, since the quantity of oil sold may be
fats I 1 ), as last amended by Regulation (EEC) No                   different from that actually withdrawn, the final
 1 707/73 (2), and in particular Article 11 (5) thereof,             selling price cannot be calculated until the end of the
                                                                     withdrawal operation ; whereas, in order to ensure that
Whereas, pursuant to Article 11 ( 1 ) of Regulation No               the sale is properly conducted, the provisional price
 136/66/EEC, the Italian intervention agency bought                  should be paid before withdrawal ;
in large quantities of olive oil during the 1975/76
marketing year ; whereas the state of the Italian                    Whereas, in order to ensure the rapid disposal of the
 market in olive oil is at present favourable for the                oil sold, the time at which the oil must be placed at
resale of the said oil ; whereas, in view of the characte­           the purchaser's disposal and the final date for comple­
 ristics of the market, the sale should be carried out as            tion of the withdrawal of the oil should be laid down ;
soon as possible ;                                                   whereas it should also be provided that any
                                                                     consequences of delay in the withdrawal should be
Whereas Commission Regulation (EEC) No 589/68 of                     borne by the purchaser
 14 May 1968 on detailed rules for the sale of olive oil
held by intervention agencies (3) laid down the condi­               Whereas there is a considerable imbalance between
tions for the sale by tender on the Community market
                                                                     supply and demand on the Community market in
of oil held by intervention agencies ; whereas the                   olive oil ; whereas, in order to alleviate these diffi­
procedure laid down therein involves time limits                     culties, the oil sold by the Italian intervention agency
which are incompatible with the need to offer the said               should be placed on the market in the near future ;
oil for sale as quickly as possible ;
Whereas, moreover, experience has shown that the                     Whereas, in order to ensure a fair distribution among
said procedure involves delivery periods which are                   the various purchasers of the quantities put up for
                                                                     sale, it is necessary to lay down for each quality, the
incompatible with commercial practices and require­
 ments ; whereas special measures should therefore be                maximum quantities which may be allocated to each
                                                                     tenderer ;
laid down to counteract those drawbacks ; whereas this
may be achieved by providing for the sale of the oil to
the purchaser who, subject to a minimum price,                       Whereas Commission1 Regulation (EEC) No 2197/76
makes the highest offer ;                                            of 8 September 1 976 (4), as last amended by Regula­
                                                                     tion (EEC) No 2489/76 (5 ), provided for a series of
Whereas Article 11 (3) of Regulation No 136/66/ EEC                  sales of the olive oil held by the Italian intervention
specifies the terms on which oil bought in by the                    agency ; whereas the last sale, scheduled for 30
 intervention agencies must be offered for sale ;                    October 1976, will relate to a very small quantity ;
whereas , in order to ensure observance of those terms,              whereas, consequently, pending the commencement
minimum selling prices should be fixed at the levels                 of the selling operations provided for in this Regula­
shown in the Annex hereto ;                                          tion , the sale scheduled for 30 October 1976 should
                                                                     be cancelled ;
Whereas in order to ensure that the selling operations
are properly carried out, certain information should be              Whereas the measures provided for in this Regulation
provided in the application for purchase, in particular              are in accordance with the opinion of the Manage­
                                                                     ment Committee for Oils and Fats,
(') OJ No 172, 30 . 9 . 1966, p . 3025/ 66 .
(2 ) OJ No L 175 , 29 . 6 . 1973 , p . 5 .                           (4) OJ No L 247, 9 . 9 . 1976, p . 1 1 .
P OJ No L 1 1 2, 1 5 . 5 . 1 968 , p . 6 .                           (5 ) OJ No L 283 , 14. 10 . 1976, p . 11 .
 ---pagebreak--- No L 300/62                        Official Journal of the European Communities                            30 . 10 . 76
HAS ADOPTED THIS REGULATION :                                concerned, a check may be made to ensure that the
                                                             oil applied for by him corresponds to that actually
                        Article 1                            delivered .
The Italian intervention agency, Azienda di Stato per                                 Article 5
gli interventi nel mercato agricolo', hereinafter
referred to as 'AIMA', shall offer for sale, out of the       1 . Applications for purchase shall reach AIMA, Via
intervention purchases of the 1975/76 oil marketing          Palestro 81 , Rome, Italy, not later than 2 p.m. (Italian
year, and in accordance with the provisions of this          time) on the day preceding that of the sale.
Regulation, the following quantities and qualities of
olive oil :                                                  2. Applications for purchase shall include at least
                                                             the following :
(a) approximately 10 000 metric tons of extra virgin
    olive oil ;                                              (a) the name and full postal address of the applicant ;
(b) approximately 3 600 metric tons of fine virgin           (b) the container number or numbers, together with
    olive oil ;                                                   the corresponding lot number and the place of
                                                                  storage ;
(c) approximately 4 000 metric tons of lampante olive
    oil ;                                                    (c) an acknowledgement of the accuracy of the quality
(d) approximately 12 400 metric tons of olive-residue             description under which the oil concerned is
    oil .                                                         offered for sale ;
                                                             (d) the offer price per 1 00 kilogrammes ;
                         Article 2                           (e) an undertaking to make vany quantities awarded
                                                                  available to the retail trade within not more than :
Particulars of the lots of olive oil offered for sale and
                                                                  — one month following withdrawal of the
the place where they are stored shall be displayed at
the central office of AIMA, Via Palestro 81 , Rome,                   product, in the case of extra virgin and fine
                                                                      olive oil ;
Italy. Particulars of the lots covered :
                                                                  — two months following withdrawal of the
— by the first sale provided for in Article 4, shall be               product, in the case of lampante olive oil and
    displayed from 3 November 1976 onwards ;                          olive-residue oil .
— by the second sale provided for in Article 4, shall
    be displayed from 11 November 1976 onwards.              3 . Any application which does not offer at least the
                                                             minimum price set for the product concerned shall be
                                                             refused .
                        Article 3
The minimum selling prices shall be as laid down in          4.     Every application for purchase shall relate to all
                                                             the oil in at least one container.
the Annex hereto. These prices are net of tax and
relate to 100 kilogrammes of olive oil delivered ex          5.     No application may be withdrawn .
storage depot, either in the purchaser's own drums
loaded on a vehicle provided by him or in the                                         Article 6
purchaser's tank vehicle.
                                                              1.    No application for purchase shall be valid unless
                         Article 4                           it is accompanied by a security of Lit 12 000 per 100
                                                             kilogrammes.
1 . The first sale of approximately 1 8 000 metric
tons of oil shall take place on 9 November 1976. Any         2. The security shall be in cash or by way of a
quantities not put up for sale or sold on 9 November         guarantee issued by a credit- institution satisfying the
shall be put up for sale on 24 November 1976. After          criteria laid down by the Member State in which it is
each sale, AIMA shall immediately supply those               situated .
responsible for storage with a list of the lots or parts
of lots remaining unjold.                                    3.     The security shall be released if no sale is made
                                                             to the party concerned. It shall also be released when
2. Prospective purchasers may examine at the                 the purchaser pays the final price as referred to in
storage depot the oil offered for sale and may obtain a      Article 12 and shows the competent authorities that
sample thereof, in containers supplied by them for           he has fulfilled the undertaking laid down in Article 5
that purpose, on payment of a price determined on            (2) (e).
the basis of the minimum prices laid down in the
Annex hereto. This sample shall be put into two                                       Article 7
labelled bottles which shall be sealed in the presence
of both the vendor and the prospective purchaser or          The competent authorities of the Member State
his duly authorized agent. One bottle shall be given to      concerned shall take the necessary measures to
the prospective purchaser and the other to the storer,       monitor fulfilment of the undertaking laid down in
so that, in the event that oil is sold to the party          Article 5 (2) (e).
 ---pagebreak---  30 . 10 . 76                      Official Journal of the European Communities                         No L 300/ 63
                         Article 8                            2. If the provisional amount is not paid to AIMA
                                                              within the period laid down in paragraph 1 , AIMA
 1 . The oil in each particular container shall be sold       may, without any special formality or invocation of
 to the applicant having made a valid application for         legal process, regard the sale as cancelled. In this
 purchase offering the highest price. Where the same          event, the security referred to in Article 6 shall be
 highest offer is made by more than one applicant, the        forfeit.
 purchaser shall be chosen by lot by AIMA.
 2.    However, if the total quantity for which a                                    Article 11
 tenderer has offered the highest price exceeds
                                                              1 . Withdrawal of the oil by purchasers may begin
— 150 metric tons, in the case of extra or fine oil,          as soon as the provisional amount referred to in
— 500 metric tons, in the case of lampante oil,              Article 10 ( 1 ) has been paid and shall be completed
—* 1 000 metric tons, in the case of olive-residue oil,       not later than the 30th day following that of sale.
a contract shall be awarded to that tenderer only in          2. The quantity of oil delivered may differ from the
 respect of the container or containers the total             quantity applied for by the purchaser, depending on
contents of which do not exceed, for each quality, the        the actual quantity in the containers at the time of
 limit as above .                                             delivery.
 Contracts for the quantities exceeding these limits                                 Article 12
shall be awarded to the other tenderers, in descending
order of tender and subject to the said limits.               1 . When the withdrawal of the oil is complete,
3 . When determining the container or containers             AIMA shall draw up an invoice for the final amount
in respect of which no contract can be awarded               of the selling price.
pursuant to the preceding paragraph, the Italian inter­      Without prejudice to any domestic taxes applicable,
vention agency shall choose :                                the final amount shall be calculated by multiplying
(a) the container or containers which have the lowest        the quantity actually withdrawn by the price offered
     quantity ;                                              for the lot concerned .
(b) where containers have identical quantities, the          2.     The   invoice  shall  show    the debit or credit
     container or containers for which the tenderer has
                                                             balance, which shall be equal to the difference
     offered the lowest price. However, if certain of the    between :
     containers in question are the subject of other
     orders, these shall not be awarded to the tenderer      — the provisional amount,
     concerned .                                             — the final amount of the selling price plus any
                                                                  storage charge payable pursuant to Article 13 (b).
                         Article 9
                                                             The balance shall be paid within 30 days following
 1.    Immediately after the sale has been concluded,        completion of the withdrawal of the oil.
seals shall be placed in the presence of both parties
upon the container or containers to which the applica­                               Article 13
tion for purchase relates. The container or containers
concerned shall remain sealed until the withdrawal of        If withdrawal of the oil is not completed by the date
the oil by the purchaser.                                    laid down in Article 10 ( 1 ):
2. Where the oil is of the lampante variety, an              (a) the oil remaining in storage shall be held at the
analysis shall be carried out in the presence of both             purchaser's own risk ;
parties before the placing of the seals referred to in       (b) the purchaser shall pay to AIMA a storage charge
paragraph 1 . If the degree of acidity of such oil does           calculated on the basis of the quantity still to be
not correspond to that specified in point 3 of the                withdrawn at the rate of Lit 1 000 per 100 kilo­
Annex hereto, the selling price shall be adjusted in              grammes for each period of 30 days of additional
accordance with the said Annex .                                  storage or part thereof.
                        Article 10                                                   Article 14
1 . The purchaser shall pay to AIMA, before with­            Regulation (EEC) No 2197/76 is hereby repealed.
drawing the oil and in any event not later than the
15th day following that of sale, the provisional                                     A rticle 1 5
amount of the selling price. Without prejudice to any
domestic taxes applicable, such amount shall be calcu­       This Regulation shall enter into force on the day
lated by multiplying the quantity indicated as being         following its publication in the Official Journal of
contained in the lot by the price offered for that lot.      the European Communities.
 ---pagebreak--- No L 300/ 64                        Official Journal of the European Communities                                    30 . 10 . 76
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
            Done at Brussels, 29 October 1976.
                                                                              For the Commission
                                                                                 P.J. LARDINOIS
                                                                          Member of the Commission
                                                           ANNEX
                   Minimum selling prices for olive oil held by the Italian intervention agency
           1 . Extra 1   virgin olive oil : Lit 152 000 per 100 kg.
           2. Fine 1*5 virgin olive oil : Lit 144 000 per 100 kg.
           3. 3° lampante olive oil : Lit 129 000 per 100 kg.
           4. 5 olive-residue oil : Lit 92 000 per 100 kg.
           5. In the case of lampante olive oil with a different degree of acidity, there shall be added or
               deducted as the case may be Lit 1 000 per 100 kg for each degree of acidity or fraction thereof less
               or more than 3° .
           6. In the case of olive-residue oil with a different degree of acidity, these shall be added or deducted
               as the case may be Lit 900 per 100 kg for each degree of acidity of fraction thereof less or more
               than 5° .