CELEX: 31977R0955
Language: en
Date: 1977-05-04 00:00:00
Title: Commission Regulation (EEC) No 955/77 of 4 May 1977 on the putting up for sale of olive-residue oil held by the Italian intervention agency

5 . 5 . 77                                   Official Journal of the European Communities                          No L 113 / 13
                                        COMMISSION REGULATION ( EEC) No 955/77
                                                              of 4 May 1977
                on the putting up for sale of olive-residue oil held by the Italian intervention
                                                                  agency
THE COMMISSION OF THE EUROPEAN                                          provided in the application for purchase, in particular
COMMUNITIES,                                                            as regards the exact definition of the product to which
                                                                        it relates ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                        Whereas, in order to guarantee performance of the
                                                                        obligations resulting from the submission of an appli­
Having regard to Council Regulation No 136/66/ EEC                      cation , provision should be made for the lodging of a
of 22 September 1966 on the establishment of a                          security ;
common organization of the market in oils and
fats ( 1 ), as last amended by Regulation (EEC) No
 1707/73 (2), and in particular Article 11 (5) thereof,                 Whereas, since the quantity of oil sold may be
                                                                        different from that actually withdrawn, the final
Whereas, pursuant to Article 11 ( 1 ) of Regulation No                  selling price cannot be calculated until the end of the
 136/66/EEC, the Italian intervention agency bought                     withdrawal operation ; whereas, in order to ensure that
in large quantities of olive oil during the 1975/76                     the sale is properly conducted, the provisional price
marketing year ; whereas the state of the Italian                       should be paid before withdrawal ;
market in olive oil is at present favourable for the
resale of part of the said oil ; whereas, in view of the
characteristics of the market, the sale should be                       Whereas, in order to ensure the rapid disposal of the
carried out as soon as possible ;                                       oil sold, the time at which the oil must be placed at
                                                                        the purchaser's disposal and the final date for comple­
                                                                        tion of the withdrawal of the oil should be laid down ;
Whereas Commission Regulation (EEC) No 589/68 of                        whereas it should also be provided that any
 14 May 1968 on detailed rules for the sale of olive oil                consequences of delay in the withdrawal should be
held by intervention agencies (3), as last amended by                   borne by the purchaser ;
Regulation (EEC) No 782/77 (4), laid down the condi­
tions for sale by tender on the Community market of
oil held by intervention agencies ; whereas the proce­                  Whereas there is a considerable imbalance between
dure laid down therein involves time limits which are                   supply and demand on the Community market in
incompatible with the need to offer the said oil for                    olive oil ; whereas, in order to alleviate this problem,
sale as quickly as possible ;                                           the oil sold by the Italian intervention agency should
                                                                        be placed on the market in the near future ;
Whereas, moreover, experience has shown that the
said procedure involves delivery periods which are
incompatible with commercial practices and require­                     Whereas, in order to ensure a fair distribution among
ments ; whereas special measures should therefore be                    the various purchasers of the quantities put up for
laid down to counteract these drawbacks ; whereas this                  sale, it is necessary to lay down for each quality the
may be achieved by providing for the sale of the oil to                 maximum quantities which may be allocated to each
                                                                        tenderer ;
the purchaser who, subject to a minimum price,
makes the highest offer ;
                                                                        Whereas in recent months olive-residue oil held by
Whereas Article 11 (3) of Regulation No 136/66/ EEC                     the Italian intervention agency has been put up for
specifies the terms on which oil bought in by the                       sale three times ;
intervention agencies must be offered for sale ;
whereas, in order to ensure observance of those terms,
the minimum selling price should be fixed at the                        Whereas only a very small quantity of this olive­
level shown in the Annex hereto ;                                       residue oil has been sold ; whereas, taking into
                                                                        account the present market situation , it appears oppor­
Whereas, in order to ensure that the selling operations                 tune to put up for sale again a part of the oil that
                                                                        remains unsold ;
are properly carried out, certain information should be
(')  OJ    No 172, 30 . 9 . 1966, p . 3025/ 66 .                        Whereas the measures provided for in this Regulation
0    OJ    No L 175, 29 . 6. 1973 , p. 5 .
(3 ) OJ    No L 112, 15 . 5 . 1968 , p . 6 .                            are in accordance with the opinion of the Manage­
(4   OJ    No L 95, 19 . 4. 1977, p . 13 .                              ment Committee for Oils and Fats,
 ---pagebreak--- No L 113 / 14                        Official Journal of the European Communities                                5 . 5 . 77
HAS ADOPTED THIS REGULATION :                                   2.     Applications for purchase shall include at least
                                                                the following :
                         Article 1
                                                                (a) the name and full postal address of the applicant ;
The Italian intervention agency, 'Azienda di Stato per          (b) the container number or numbers, together with
gli interventi nel mercato agricolo', hereinafter                    the corresponding lot number and the place of
referred to as 'AIMA', shall offer for sale, out of the              storage ;
intervention purchases of the 1975/ 76 oil marketing           (c) an acknowledgement of the accuracy of the
year, and in accordance with the provisions of this                  description under which the oil concerned is
Regulation , 4 000 tonnes of olive-residue oil .                     offered for sale ;
                         Article 2
                                                               (d) the offer price per 1 00 kilograms ;
                                                               (e) an undertaking to make any quantities awarded
Particulars of the lots of olive-residue oil offered for             available to the retail trade within two months
sale and the place where they are stored shall be                    following withdrawal of the product.
displayed at the central office of AIMA, Via Palestro
81 , Rome , Italy . Particulars of the lots shall be            3 . Any application which does not offer at least the
displayed from 6 May 1977.                                      minimum price set for the product concerned shall be
                                                                refused .
                         Article 3
                                                                4.     Every application for purchase shall relate to all
The minumum selling price shall be as laid down in              the oil in at least one container.
the Annex hereto . This price is net of tax and relates
to 100 kilograms of olive-residue 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
purchaser's tank vehicle .                                                               Article 6
                         Article 4                              1.     No application for purchase shall be valid unless
                                                                it is accompanied by a security of Lit 12 000 per 100
 1.   The award of contracts shall be made by AIMA              kilograms.
on 1 7 and 1 8 May 1 977 . Where lots or parts of lots
are not sold , the award of contracts in respect thereof        2. The security shall be in cash or by way of a
shall take place on 1 and 2 June 1977 . In this case,          guarantee issued by a credit institution satisfying the
the display provided for in Article 2 shall take place          criteria laid down by the Member State in which it is
on 24 May 1977 .                                                situated .
AIMA shall forthwith inform successful bidders of its
decision and shall supply those responsible for storage         3 . The security shall be released if no sale is made
with a list of the lots or parts of lots remaining unsold .     to the party concerned . It shall likewise be released
                                                               when the purchaser pays the final amount of the price
2.    Prospective purchasers may examine at the                 as referred to in Article 12 and establishes to the satis­
storage depot the oil offered for sale and may obtain a         faction of the competent authorities that he has
sample thereof, in containers supplied by them for              fulfilled the undertaking provided for in Article 5 (2)
that purpose , on payment of a price determined on              (e)-
the basis of the minimum price laid down in the
Annex hereto . This sample shall be put into two
labelled bottles which shall be sealed in the presence                                   Article 7
of both the vendor and the prospective purchaser or
his duly authorized agent. One bottle shall be given to         The competent authorities of the Member State
the prospective purchaser and the other to the storer,          concerned shall take the necessary measures to check
so that, in the event that oil is sold to the party             performance of the undertaking provided for in
concerned , a check may be made to ensure that the              Article 5 (2) (e).
oil applied for by him corresponds to that actually
delivered , subject always as provided in the last
sentence of Article 1 1 (2) hereof.                                                      Article 8
                         Article 5                              1.     The oil in each particular container shall be sold
                                                                to the applicant having made a valid application for
 1.   Applications for purchase shall reach AIMA, Via           purchase offering the highest price . Where the same
Palestro 81 , Rome , Italy, not later than 2 p.m . ( Italian    highest offer is made by more than one applicant, the
time) on 16 and 31 May 1977 respectively.                       purchaser shall be chosen by lot by AIMA.
 ---pagebreak--- 5 . 5 . 77                           Official Journal of the European Communities                        No L 113 / 15
2.      However, if the total quantity for which an appli­      event, the security referred to in Article 6 shall be
cant has offered the highest price exceeds 1 000                forfeit .
tonnes, a contract shall be awarded to that applicant
only in respect of the container or containers the total
contents of which do not exceed that limit.                                             Article 11
                            \
Contracts for the quantities in excess of that limit             1 . Withdrawal of the oil by purchasers may begin
shall be awarded to the other applicants, in                    as soon as the provisional amount referred to in
descending order of offer price and subject to the said         Article 10 ( 1 ) has been paid and shall be completed
limit .                                                         not later than the 40th day following that of accep­
                                                                tance of tender.
3 . When determining the container or containers                2. The quantity of oil delivered may differ from the
to be excluded from a particular award pursuant to the
                                                                quantity applied for by the purchaser, depending on
preceding paragraph, the Italian intervention agency            the actual quantity in the containers at the time of
shall choose :
                                                                delivery. The determination of the weight of water
(a) the container or containers which have the lowest           and impurities shall be made at the time of delivery.
      quantity ;
(b) where containers have identical quantities, the                                     Article 12
      container or containers for which the applicant
      has offered the lowest price.                             1.     when the withdrawal of the oil is complete,
                                                                AIMA shall draw up an invoice for the final amount
However, if other offers have been received in respect          of the selling price.
of certain of the containers in question , these shall be
excluded from the award to the tenderer concerned .             Without prejudice to any domestic taxes applicable,
                                                                the final amount shall be calculated by multiplying
                                                                the quantity actually withdrawn, after the weight of
                          Article 9
                                                                water and impurities above 0-5 % has been deducted,
                                                                by the price offered to the lot concerned .
 1.     Immediately after the sale has been concluded,          2.     The   invoice  shall show   the debit  or   credit
seals shall be placed in the presence of both parties           balance, which shall be equal to the difference
upon the container or containers to which the applica­          between :
tion for purchase relates. The container or containers
concerned shall remain sealed until the withdrawal of           — the provisional amount,
the oil by the purchaser.                                       — the final amount of the selling price plus any
                                                                     storage charge payable pursuant to Article 1 3 (b).
2.      In addition , an analysis shall be carried out in
the presence of both parties before the placing of the          The balance shall be paid within 30 days following
seals referred to in paragraph 1 . If the degree of             completion of the withdrawal of the oil .
acidity of such oil does not correspond to that speci­
fied in the Annex hereto, the selling price shall be
adjusted in accordance with the said Annex.                                             Article 13
                                                                If withdrawal of the oil is not completed by the date
                         Article 10
                                                                laid down in Article 11 ( 1 ):
                                                                (a) the oil remaining in storage shall be held at the
 1 . The purchaser shall pay to AIMA, before with­                   purchaser's own risk ;
drawing the oil and in any event not later than the             (b) the purchaser shall pay to AIMA a storage charge
 15th day following the award of the contract, the provi­            calculated on the basis of the quantity still to be
sional amount of the selling price . Without prejudice               withdrawn at the rate of Lit 1 000 per 100 kilo­
to any domestic taxes applicable, such amount shall                  grams for each period of 30 days of additional
be calculated by multiplying the quantity ir iicated as              storage or part thereof.
being contained in the lot by the price offered for that
lot .
                                                                                        Article 14
2.      If the provisional amount is not paid to AIMA
within the period laid down in paragraph 1 , AIMA               This Regulation shall enter into force on the day
may, without any special formality or invocation of             following its publication in the Officii ! I Journal of
legal process, regard the sale as cancelled . In this           the European Communities.
 ---pagebreak--- No L 113/ 16                        Official Journal of the European Communities                                    5 . 5 . 77
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 4 May 1977 .
                                                                              For the Commission
                                                                                Finn GUNDELACH
                                                                                   Vice-President
                                                           ANNEX
               Minimum selling price for olive-residue oil held by the Italian intervention agency
           15 J olive-residue oil : Lit 84 000 per 100 kg.
           In the case of olive-residue oil with a different degree of acidity, there shall be added or deducted as
           the case may be Lit 400 per 100 kilograms for each degree of acidity or fraction thereof less or more
           than 15 ".