CELEX: 31976R1785
Language: en
Date: 1976-07-22 00:00:00
Title: Commission Regulation (EEC) No 1785/76 of 22 July 1976 on the offering for sale of olive oil held by the Italian intervention agency

24 . 7 . 76                                Official Journal of the European Communities                        No L 199/21
                                    COMMISSION REGULATION (EEC) No 1785 /76
                                                           of 22 July 1976
                   on the offering for sale of olive oil held by the Italian intervention agency
THE COMMISSION OF THE EUROPEAN                                       Whereas, in order to ensure that the selling operations
COMMUNITIES,                                                         are properly carried out, certain information should be
                                                                     provided in the application for purchase, in particular
                                                                     as regards the exact definition of the product to which
Having regard to the Treaty establishing the European                it relates ;
Economic Community,
                                                                     Whereas, in order to guarantee the fulfilment 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                                                                     different from that actually withdrawn , the final
                                                                     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 properly 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
re-sale of the said oil ; whereas, in view of charac­                Whereas, in order to ensure the rapid disposal of the
teristics of the market, the sale should be carried out              oil sold , the time at which the oil must be placed at
                                                                     the purchaser's disposal and the final date for comple­
as soon as possible ;                                                tion of the withdrawal of the oil should be laid down ;
                                                                     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 the intervention agencies (3) laid down the
conditions for the sale by tender on the Community                   Whereas the measures provided for in this Regulation
market of oil held by the intervention agencies ;                     are in accordance with the opinion of the Manage­
whereas the procedure laid down therein involves                      ment Committee for Oils and Fats,
time limits which are incompatible with the need to
offer the said oil for sale as quickly as possible ;
Whereas, moreover, experience has shown that the                      HAS ADOPTED THIS REGULATION :
said procedure involves delivery periods which are
imcompatible with commercial practices and require­
ments ; whereas special measures should therefore be
laid down to counteract those drawbacks ; whereas this
                                                                                             Artie c 1
objective may be achieved by providing for the sale of
the oil to the purchaser who, subject to a minimum
price, makes the highest offer ;                                      The Italian intervention agency, Azienda di Stato per
                                                                     gli    interventi nel Mercato Agricolo', hereinafter
                                                                      referred to as 'the AIMA', shall offer for sale the
Whereas Article 11 (3) of Regulation No 136/66/ EEC                   following quantities and qualities of olive - oil :
specified the price conditions under which oil bought
in by the intervention agencies must be offered for                   (a) 9 730 metric tons of extra virgin olive oil ,
sale ; whereas , in order to ensure observance of those
terms, minimum selling prices should be fixed at the                  (b) 5 664 metric tons of lampante olive oil ,
levels shown in Annex II hereto ;
(') OJ No 172, 30 . 9 . 1966 , p . 3025 / 66 .                        from the intervention purchases of the 1975/ 76 oil
(2 ) OJ No L 175 , 29 . 6 . 1973 , p . 5 .                            marketing year, in acordance with the provisions of
 3 OJ No L 1 12, 15 . 5 . 1968 , p . 6 .                              this Regulation .
 ---pagebreak--- No L 199/22                         Official Journal of the European Communities                              24 . 7 . 76
                         Article 2                            4.     Any application for purchase shall relate to all
                                                              the oil in at least one container.
The lots of olive oil offered for sale and the place
where they are stored are listed in Annex I hereto .           5.    Applications shall not be withdrawn .
                         Article 3                                                     Article 6
The minimum selling prices shall be those laid down            1.    No application for purchase shall be valid unless
in Annex II . These prices are net of tax and relate to       it is accompanied by a security of Lit 12 000 per 100
100 kilogrammes net of olive oil delivered in the             kilogrammes.
purchaser's oil drums, loaded on to the purchaser's
vehicle ex warehouse, or in the purchaser's tank ex            2. The security shall be in cash or by way of a
warehouse .
                                                              guarantee issued by a credit institution satisfying the
                                                              criteria laid down by the Member State in which it is
                                                              situated .
                         Article 4
                                                               3 . The security shall be released if no sale is made
1 . The sale of oil shall take place on the 3 August           to the party concerned . It shall also be released when
1976. Any lots or parts of lots which have not been           the purchaser pays the final price referred to in
allocated shall be put up for sale again on 20 and 31         Article 1 1 .
August 1976. After each sale, the AIMA shall display,
at its registered place of business, details of the sale
which shall include a list of lots or parts of lots                                    Article 7
remaining unsold, and shall inform the stocking agen­
cies thereof without delay.                                   The sale of oil in a particular container shall be made
                                                               to the applicant whose application for purchase is
2. Any interested parties may examine the oil                  valid and who offers the highest price .
offered for sale at the warehouse and may obtain a
sample thereof, in containers supplied by them for             Where the same highest offer is made by more than
that purpose, on payment of a price determined on              one applicant, the purchaser shall be chosen by lot by
the basis of the minimum price laid down in the                the AIMA .
Annex. This sample shall be put into two containers,
which shall be labelled and sealed in the presence of
both the vendor and the purchaser or his duly autho­                                   Article 8
rized agent. One container shall be given to the party
concerned and the other to the storer so that, if neces­
                                                                1.   Immediately after the sale has been concluded,
sary, if the oil is sold to the party concerned, a check
                                                               seals shall be placed in the presence of both parties
may be made to ensure that the oil applied for corres­         upon the container or containers to which the applica­
ponds to the oil delivered .                                   tion relates . The container or containers concerned
                                                               shall remain sealed until the withdrawal of the oil by
                         Article 5                             the purchaser.
 1 . Applications for purchase shall reach the AIMA,           2. When the oil is of the lampante variety, an
Via Palestro 81 , Rome, Italy not later than 1 p.m .           analysis shall be carried out in the presence of both
(Italian time) on the day preceding that of the sale.          parties before the placing of the seals referred to in
                                                               paragraph 1 . If the degree of acidity of such oil does
2. Applications for purchase shall include at least            not correspond to that referred to in point 2 of Annex
the following information :                                    II, the selling price shall be adjusted in accordance
                                                               with that Annex .
(a) the name and full postal address of the applicant,
(b) the container number or numbers with the corres­
                                                                                       Article 9
     ponding lot number and the site of the warehouse,
(c) an acknowledgement of the accuracy of the quality           1 . The purchaser shall be required to pay to the
     description under which the oil concerned is              AIMA, before withdrawing the oil and in any event at
     offered for sale ,                                        the latest by the 15th day following the day of the
(d) the the offer price per 100 kilogrammes.                   sale, the provisional amount of the selling price.
                                                               Without prejudice to any domestic taxes applicable,
3 . Any application which does not offer at least the          such amount shall be calculated by multiplying the
 minimum price set for the lot concerned shall be              quantity indicated as being contained in the lot by the
refused .                                                       price offered for that lot.
 ---pagebreak--- 24 . 7 . 76                         Official Journal of the European Communities                         No L 199/23
2. If the provisional amount is not paid to the               2.     The   invoice  shall show   the  debit or  credit
AIMA within the period laid down in paragraph 1 , the         balance, which shall be equal to the difference
AIMA may consider the sale as automatically                   between :
cancelled, without any special formalities and without        — the provisional amount,
a legal declaration . In this event, the security referred
to in Article 6 shall be forfeit.                             — the final amount of the selling price, plus, where
                                                                   applicable, the storage change provided for in
                         Article 10
                                                                   Article 12 (b).
                                                              The balance shall be paid within 30 days following
1 . The withdrawal of the oil by purcahasers may
                                                               the competition of the withdrawal of the oil .
begin as soon as the provisional amount referred to in
Article 9 ( 1 ) has been paid and shall be completed at
                                                                                      Article 12
the latest by the 30th day following the day of the
sale .
                                                               If the total withdrawal of the oil is not completed by
2. The quantity of oil delivered may differ from the           the date laid down in Article 10 ( 1 ):
quantity in respect of which the application for               (a) the oil shall remain in storage at the purchaser's
purchase was lodged, depending on the actual quan­                 own risk ;
tity in the containers at the time of delivery.
                                                               (b) the purchaser shall pay to the AIMA a storage
                                                                   charge calculated on the basis of the quantity still
                         Article 11
                                                                   to be withdrawn at the rate of Lit 1 000 per 100
 1 . When the withdrawal of the oil is completed,                  kilogrammes for each period of 30 days of addi­
 the AIMA shall draw up an invoice for the final                   tional storage or part thereof.
amount of the selling price.
                                                                                      Article 13
Without prejudice to any domestic taxes applicable,
 the final amount shall be calculated by multiplying           This Regulation shall enter into force on the day
 the quantity actually withdrawn by the price offered          following its publication in the Official Journal of
 for the lot concerned .                                        the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 22 July 1976 .
                                                                         For the Commission
                                                                            P.J. LARDINOIS
                                                                     Member of the Commission
 ---pagebreak--- No L 199/24                                Official Journal of the European Communities                                   24. 7. 76
                                                                 ANNEX I
                                          Quantities of extra virgin olive oil offered for sale
                                                       A. Virgin olive oil : EXTRA
                              No of container                                                              Intervention  Quantities
  No of lot                                                                 Site of warehouse
                            comprising each lot                                                               centre      (quintals )
I           da 59 a 61 , 66-72, 72, 79-82, 84, 85, 87,      Minervino Murge, via Canosa (CAI             Bari           14 216,44
            88 , 90-97, 102-108 , 112-115 , 117-130··       Bari-Brindisi )
            incluso
II .        39-47, 49-58 , 60-72 incluso                    Mariotto ( Bitonto), via Traetta 28 (CAI     Bari           1 1 637,10
                                                            Bari-Brindisi )
Ill         21-22, 32-36, 43-50 , 57-64, 66-68 , 1 05­      Ruvo di Puglia, via Estramurale Scar­        Bari           14 796,46
            106 , 108-109 , 111-131 incluso                 latti (CAI Bari-Brindisi)
IV          1-13 , 15-36, 38-65, 67-68 , 70-99 , 101­       Bari-Mungivacca, via Caduti del lavoro       Bari           29 352,00
            107, 110-111 , 117-123 , 125, 126               (CAI Bari-Brindisi )
v           1 , 2, 4, 5, 6, 8                               Bari-Mungivacca , magazzino n. 3 , via       Bari             3 1 00,00
                                                            Torre di Mizzo 23 (Centrale oleifici
                                                            R. F. Bari)
VI          da 1 a 5                                        Palombaio ( Bitonto), via delle Matine       Bari              1 075,00
                                                            (Centrale oleifici R. F. Bari )
VII         da 17 a 19, 24 e 25                             Bistritto , Piazza Umberto (Centrale olei­   Bari                 371,00
                                                            fici R. F. Bari )
VIII        5,7-16, 18 , 20-35, 37-39 , 40-45 , 63-69       Cerignola, via San Ferdinando (CAP           Foggia           8 641,00
                                                            Foggia)
IX          da 1 a 6, 12, 13 , 16, 19 e 20                  Cerignola, strada statale n. 16 ( CAP        Foggia           2 474,00
                                                            Foggia)
x           da 1 a 6                                        Serracapriola, via Cavour (CAP Foggia)       Foggia               853,00
XI          da 1 a 14                                       Trinitapoli , via Libertà 24 ( CAP Foggia)   Foggia           2 470,00
XII         da 1 a 6 e 8                                    San Ferdinando, via Barletta 216 ( CAP       Foggia            1 690,00
                                                             Foggia)
XIII        da 3 a 10                                       Vico del Gargano , via S. Menaio (CAP        Foggia               957,00
                                                             Foggia)
 XIV        da 1 a 4, 7 e 8                                 Manduria, via Roma 64 (CAP Taranto)          Taranto              864,08
 XV          11 , 12 , 14-16                                Grottaglie, via Venezia 1 (CAP Taranto)      Taranto              759,92
 XVI         4, 8 , 9                                        Massafra, magazzino B, località San         Taranto              399,00
                                                             Sergio (Centrale oleifici R. F. Bari )
 XVII        2                                               Massafra, magazzino C, località San         Taranto              227,00
                                                             Sergio (Centrale oleifici R. F. Bari)
 XVIII       5, 7-14 e 27                                    Pescara, via Circuito 79 (CAI Pescara e     Pescara            1 000,00
                                                             Chieti )
 XIX         20                                              Lametia terme ,        via   Stazione  (CAP Catanzaro            370,00
                                                             Catanzaro)
 XX          da 21 a 23                                      Nicastro, Contrada Lenti (CAP Catan­        Catanzaro          1 110,00
                                                             zaro)
 XXI         3 , 15 , 18 , 19                                Sassari , strada per Fertilia, km 0,600     Sassari              936,00
                                                             ( Consorzio oleario sardo)
 ---pagebreak--- 24 . 7 . 76                                Official Journal of the European Communities                                      No L 199/25
                                                      B. Virgin olive oil : LAMPANTE
  No of lot
                              No of container
                                                                              Site of warehouse
                                                                                                                Intervention    Quantities
                            comprising each lot                                                                    centre       (quintals )
XXII        da 1 a 12                                         Ostuni ,     via      Pisancl li ,   6    ( CAI Brindisi          3 291,17
                                                              Bari-Brindisi)
XXIII       da 1 a 5 , 7 , 8 , 10 e 24                        Ostuni ,      via       Cispi      51     ( CAI Brindisi          3 708,83
                                                              Bari-Brindisi)
XXIV        da 13a 15                                         S.   Pietro   Vernotico,      circonvallazione  Brindisi              270,00
                                                              (Centrale oleifici R. F. Bari )
XXV         2, 3, 10 , 12-34, 41-54, 56-60 incluso            Novoli , via S. Giovanni ( CAP Lecce)           Lecce            14 163,00
XXVI        da 1 a 6 e 10                                     Matino , via Piave ( CAP Lecce )                Lecce             2 570,00
XXVII       da 1 a 8 e 10                                     Colle Passo , via Roma ( CAP Lecce )            Lecce             3 082,00
XXVIII      4 , 11 , 12, 16-19                                Scorrano , via provinciale per Supersano        Lecce              1 182,00
                                                              (Centrale oleifici R. F. Bari )
XXIX        1 , 4, 7, 10 , 13 , 16 , 19 , 22 e 25             Ruffano, via provinciale per Montesano          Lecce              1 700,00
                                                              ( Centrale oleifici R. F. Bari )
xxx         da 1 a 4                                          Taurisano, via Miggiano               (Centrale Lecce                 529,00
                                                              oleifici R. F. Bari )
XXXI        10 , 15 , 17 , 18                                 Casamassella , via Uggiano (Centrale            Lecce                 603,00
                                                              oleifici R. F. Bari )
XXXII       7                                                  Leverano, via vicinale Corasa (Centrale        Lecce                 214,00
                                                              oleifici R. F. Bari )
XXXIII       15 e 18                                           Nardo, strada provinciale per Avetrana         Lecce                 246,00
                                                              ( Centrale oleifici R. F. Bari )
XXXIV       da 1 a 23 , 25 e 26 interr . 1-12 soprael .        Maruggio ,     via     Makallè      12  ( CAP  Taranto            3 211,90
                                                               Taranto)
XXXV        da 1 a 9                                           Girifalco , via Milano ( CAP Catanzaro)        Catanzaro           1 460,25
XXXVI       da 1 a 4                                           S. Onofrio,         contrada      Cao    ( CAP Catanzaro             552,30
                                                               Catanzaro)
XXXVII      da 1 a 12, 1 / M , A, B , 15, 18 , 21 e 23         Vibo Valentia , viale         Stazione ( CAP   Catanzaro          4 591,64
                                                               Catanzaro)
XXXVIII      L/ S, L/ M , 1 e 5                                Maida , contrada Frassa ( CAP Catanzaro)       Catanzaro             915,01
XXXIX        1 , 2, 6-16 incluso                               Gioia Tauro , via Rimembranze , 20 / 22        Reggio Calabria     1 482,68
                                                               ( CAP Reggio Calabria )
xc           8 , 9 , 13 , 15 , 19 , 22, 23 , 29-32 , 34-37 ,   Gioia Tauro , via Roma ( CAP Reggio            Reggio Calabri ;    5 018,73
             40 , 44 e 45                                      Calabria)
XCI          5-8 , 11 , 16-24, 26-33 incluso                   Gioia Tauro , via         Trento     14  ( CAP Reggio Calabri ;    3 996,31
                                                               Reggio Calabria )
 XCII        1 , 2, 9-12, 24-26 , 28 , 34 e 35                 Gioia Tauro , via Roma (CAP Reggio             Reggio Calabrie     3 510,57
                                                               Calabria )
 XCIII       4 e 16                                            Sassari , strada per Fertilia , km 0,600       Sassari                343,02
                                                               ( Consorzio oleario sardo)
 ---pagebreak--- No L 199/26                       Official Journal of the European Communities                                      24. 7. 76
                                                         ANNEX II
                Minimum selling prices of the olive oil held by the Italian intervention agency
          1 . Extra 1° virgin olive oil : Lit 152 000/ 100 kg ;
          2. 3° base lampante olive oil : Lit 125 000/ 100 kg.
          For lampante olive oil with a different degree of acidity, there shall be an increase or reduction of Lit
          1 000/ 100 kg respectively for each degree of acidity more or less than 3°.