CELEX: 31976R3082
Language: en
Date: 1976-12-16 00:00:00
Title: Commission Regulation (EEC) No 3082/76 of 16 December 1976 on the putting up for sale of olive-residue oil held by the Italian intervention agency

No L 347/26                                Official Journal of the European Communities                              17 . 12 . 76
                                     COMMISSION REGULATION ( EEC) No 3082/76
                                                        of 16 December 1976
              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 ('), 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                                                                      different from that actually withdrawn, the final
                                                                      selling price cannot be calculated until the end of the
Whereas, pursuant to Article 11 ( 1 ) of Regulation No                withdrawal operation ; whereas, in order to ensure that
136/66/ EEC, the Italian intervention agency bought                   the sale is propeily conducted, the provisional price
in large quantities of olive oil during the 1975/76                   should be paid before withdrawal ;
marketing year ; whereas the state of the Italian
market in olive oil is at present favourable for the
resale of the said oil ; whereas, in view of the characte­            Whereas, in order to ensure the rapid disposal of the
ristics of the market, the sale should be carried out as              oil sold, the time at which the oil must be placed at
soon as possible ;                                                    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) laid down the condi­                borne by the purchaser ;
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 these diffi­
sale as quickly as possible ;
                                                                      culties, 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 those 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
the purchaser who, subject to a minimum price,                        tenderer ;
makes the highest offer ;
                                                                      Whereas under Commission Regulation ( EEC) No
Whereas Article 11 (3) of Regulation No 136,/ 66/ EEC                 2662/76 of 29 October 1976 on the putting up for
specifies the terms on which oil bought in by the                     sale of olive oil held by the Italian intervention
intervention agencies must be offered for sale ;                      agency (4), the latter has put up for sale, inter alia,
whereas , in order to ensure observance of those terms ,              approximately 12 400 metric tons of olive-residue oil ;
minimum selling price should be fixed at the level
shown in the Annex hereto ;
                                                                      Whereas only a very small quantity of this olive­
Whereas, in order to ensure that the selling operations               residue oil has been sold ; whereas, taking into
are properly carried out, certain information should be               account the present market situation , it appears oppor­
                                                                      tune to put up for sale again the oil that remains
                                                                      unsold ;
(') OJ No 172, 30 . 9 . 1966, p . 302.5/ 66 .
(2 ) OJ No L 175, 29 . 6 . 1973 , p. 5 .
(3 ) OJ No L 1 12, 15 . .5 . 1968 , p. 6 .                            (4 ) OJ No L 300 , 30 . 10 . 1976, p . 61 .
 ---pagebreak---  17. 12. 76                        Official Journal of the European Communities                          No L 347/ 27
Whereas the measures provided for in this Regulation          2. Applications for purchase shall include at least
are in accordance with the opinion of the Manage­             the following :
ment Committee for Oils and Fats,
                                                              (a) the name and full postal address of the applicant ;
HAS ADOPTED THIS REGULATION :
                                                              (b) the container number or numbers, together with
                                                                   the corresponding lot number and the place of
                        Article 1                                  storage ;
The Italian intervention agency, 'Azienda di Stato per        (c) an acknowledgement of the accuracy of the
gli interventi nel mercato agricolo', hereinafter                  description under which the oil concerned is
                                                                   offered for sale ;
referred to as 'AIMA', shall offer for sale, out of the
intervention purchases of the 1975/76 oil marketing           (d) the offer price per 100 kilogrammes ;
year, and in accordance with the provisions of this           (e) an undertaking to make any quantities awarded
Regulation, the remaining quantities of olive-residue              available to the retail trade within two months
oil offered for sale under Regulation (EEC) No                     following withdrawal of the product.
2662/76.
                                                              3 . Any application which does not offer at least the
                        Article 2
                                                              minimum price set for the product concerned shall be
                                                              refused .
Particulars of the lots of olive residue oil offered for
sale and the place where they are stored shall be
displayed at the central office of AIMA, Via Palestro       ' 4.     Every application for purchase shall relate to all
                                                              the oil in at least one container.
81 , Rome, Italy. Particulars of the lots shall be
displayed from 20 December 1976.
                                                              5.     No application may be withdrawn .
                        Article 3
The minimum selling price shall be as laid down in                                    Article 6
the Annex hereto. This price is net of tax and relates
to 100 kilogrammes of olive-residue oil delivered ex           1.    No application for purchase shall be valid unless
storage depot, either in the purchaser's own drums            it is accompanied by a security of Lit 12 000 per 100
loaded on a vehicle provided by him or in the                 kilogrammes .
purchaser's tank vehicle.
                                                              2. The security shall be in cash or by way of a
                        Article 4                             guarantee issued by a credit institution satisfying the
                                                              criteria laid down by the Member State in which it is
1.    The sale of olive-residue oil shall take place on 4     situated .
January 1977.
After the sale, AIMA shall immediately supply those           3 . The security shall be released if no sale is made
responsible for storage with a list of the lots or parts      to the party concerned . It shall also be released when
of lots remaining unsold .                                    the purchaser pays the final price as referred to in
                                                              Article 12 and shows the competent authorities that
2.    Prospective purchasers may examine at the               he has fulfilled the undertaking laid down in Article 5
storage depot the oil offered for sale and may obtain a       (2) (e).
sample thereof, in containers supplied by them for
that purpose, on payment of a price determined on
the basis of the minimum price laid down in the                                       Article 7
Annex hereto. This sample shall be put into two
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).
concerned, a check may be made to ensure that the
oil applied for by him corresponds to that actually
delivered .                                                                           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 the day preceding that of the sale .                 purchaser shall be chosen by lot by AIMA.
 ---pagebreak--- No L 347/ 28                        Official Journal of the European Communities                           17 . 12 . 76
2. However, if the total quantity for which a                 event, the security referred to in Article 6 shall be
tenderer has offered the highest price exceeds 1 000          forfeit.
metric tons , a contract shall be awarded to that
tenderer only in respect of the container or containers
the total contents of which do not exceed the limit as                                 Article 11
above .
                                                               1 . Withdrawal of the oil by purchasers may begin
Contracts for the quantities exceeding this limit shall       as soon as the provisional amount referred to in
be awarded to the other tenderers, in descending order        Article 10 ( 1 ) has been paid and shall be completed
of tender and subject to the said limit.                      not later than the 30th day following that of sale.
3.     When determining the container or containers            2. The quantity of oil delivered may differ from the
in respect of which no contract can be awarded                quantity applied for by the purchaser, depending on
pursuant to the preceding paragraph, the Italian inter­        the actual quantity in the containers at the time of
vention agency shall choose :                                 delivery.
(a) the container or containers which have the lowest
     quantity ;                                                                        Article 12
(b) where containers have identical quantities, the
     container or containers for which the tenderer has        1 . When the withdrawal of the oil is complete,
     offered the lowest price . However, if certain of the     AIMA shall draw up an invoice for the final amount
     containers in question are the subject of other           of the selling price.
     orders, these shall not be awarded to the tenderer
     concerned .                                               Without prejudice to any domestic taxes applicable,
                                                               the final amount shall be calculated by multiplying
                                                               the quantity actually withdrawn by the price offered
                                                               for the lot concerned .
                         Article 9
                                                               2.     The   invoice  shall  show the debit or credit
                                                               balance, which shall be equal to the difference
 1 . Immediately after the sale has been concluded,            between :
seals shall be placed in the presence of both parties
upon the container or containers to which the applica­         — the provisional amount,
 tion for purchase relates. The container or containers
concerned shall remain sealed until the withdrawal of          — the final amount of the selling price plus any
the oil by the purchaser.                                           storage charge payable pursuant to Article 13 (b).
                                                               The balance shall be paid within 30 days following
 2. Additionally, an analysis shall be carried out in          completion of the withdrawal of the oil .
the presence of both parties before the placing of the
seals referred to in paragraph 1 . If the degree of
 acidity of such oil does not correspond to that speci­                                Article 13
 fied in the Annex hereto, the selling price shall be
 adjusted in accordance with the said Annex.
                                                                If withdrawal of the oil is not completed by the date
                                                                laid down in Article 10 ( 1 ):
                         Article 10                            (a) the oil remaining in storage shall be held at the
                                                                    purchaser's own risk ;
 1 . The purchaser shall pay to AIMA, before with­             (b) the purchaser shall pay to AIMA a storage charge
 drawing the oil and in any event not later than the                calculated on the basis of the quantity still to be
 15th day following that of sale, the provisional                   withdrawn at the rate of Lit 1 000 per 100 kilo­
 amount of the selling price . Without prejudice to any             grammes for each period of 30 days of additional
 domestic taxes applicable, such amount shall be calcu­             storage or part thereof.
 lated by multiplying the quantity indicated as 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 Official Journal of
 legal process, regard the sale as cancelled . In this           the European Communities.
 ---pagebreak--- 17. 12. 76
                                    Official Journal of the European Communities                                    No L 347/29
            States.Regulation shall ^ binding 10 its entirety 3nd directly applicable in all Member
            Done at Brussels, 16 December 1976
                                                                               For the Commission
                                                                                  P. J. LARDINOIS
                                                                         Member of the Commission
                                                           ANNEX
                Minimum selling price for ohve-residue oil held by the Italian intervention agency
           5° olive-residue oil : Lit 89 000 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 900 per 100 kg for each degree of acidity or fraction thereof less or more than
           5° .