CELEX: 31983R1341
Language: en
Date: 1983-05-28 00:00:00
Title: Commission Regulation (EEC) No 1341/83 of 26 May 1983 opening a standing invitation to tender for the sale for export of olive oil held by the Italian intervention agency

No L 139/34                              Official Journal of the European Communities                             28 . 5. 83
                                     COMMISSION REGULATION (EEC) No 1341/83
                                                         of 26 May 1983
               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 1413/82 (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 519/83 (8),
of 1 January 1981 laying down the general rules for                specifies the evidence required to prove importation
the system of the corrective amount for olive oil (3),             into non-Community countries ;
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
                                                                   and Middle East ;
Whereas, pursuant to Article 12 ( 1 ) of Regulation No
136/66/EEC, the Italian intervention agency has                    Whereas the measures provided for in this Regulation
bought in, since the 1975/76 marketing year, large                 are in accordance with the opinion of the Management
quantities of olive oil ;                                          Committee for Oils and Fats,
Whereas Commission Regulation (EEC) No
2960/77 (*), as last amended by Regulation (EEC) No                HAS ADOPTED THIS REGULATION :
1 852/82 (6), laid down the conditions for the sale by
tender of olive oil for the Community market and for
export ; whereas at the present time there exist oppor­                                       Article 1
tunities for exporting edible virgin olive oil ; whereas,
therefore, the said oil should be put up for sale under a           1.    The Italian intervention agency 'Azienda di Stato
standing invitation to tender ;                                    per gli interventi nel mercato agricolo', hereinafter
                                                                   referred to as 'AIMA', shall open a standing invitation
Whereas the minimum selling price is so fixed that                 to tender in accordance with the provisions of this
the Community operators enjoy equal conditions of                   Regulation and of Regulation (EEC) No 2960/77 for
competition with operators in non-member countries ;                the sale for export of :
whereas, accordingly, oil should under this Regulation
qualify neither for the export refund provided for in              — approximately 4 500 tonnes of virgin olive oil,
                                                                        extra,
Article 20 of Regulation No 136/66/EEC nor for the
consumption aid provided for in Article 1 1 of the                 — approximately 4 500 tonnes of olive residue oil.
same Regulation ;
                                                                    Unsold quantities from a tender will be put on sale at
Whereas there is an established export trade in olive               the following 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
                                                                    America or Canada.
(') OJ No 172, 30 . 9. 1966, p. 3025/66.
(2) OJ No L 162, 12. 6. 1982, p. 6.
 3) OJ  No  L  1, 1.  1 . 1981 , p. 8 .
(4) OJ  No  L  331 , 28 . 11 . 1978 , p. 13.                        O OJ No L 317, 12. 12. 1979, p. 1 .
O   OJ  No  L  348,  30. 12. 1977, p. 46.                           (8) OJ No L 58 , 5 . 3 . 1983, p . 5 .
(6) OJ  No  L  203,  10 . 7. 1982, p. 17.                           O OJ No L 294, 21 . 11 . 1979 , p. 5.
 ---pagebreak--- 28 . 5. 83                          Official Journal of the European Communities                         No L 139/35
                        Article 2                             AIMA shall supply the agencies responsible for storage
                                                              with a list of the lots remaining unsold.
The invitation to tender shall be made public on 2
June 1983 .                                                   A list of the lots put up for sale and a list of the lots
Particulars of the lots of oil offered for sale and the       remaining unsold from the previous invitations to
places where they are stored shall be displayed at the        tender shall be displayed at the head office of AIMA
head office of AIMA, via Palestro 81 , Rome, Italy.           not later than the seventh day of each month .
A copy of the invitation to tender referred to above
shall be sent without delay to the Commission.                                        Article 8
                        Article 3
                                                              The security referred to in Article 7 of Regulation
The first series of tenders must reach AIMA, via              (EEC) No 2960/77 shall be 9,50 ECU per 100 kilo­
Palestro 81 , Rome, Italy, not later than 2 p.m . (local      grams.
time) on 24 June 1983.
                                                              The security referred to in Article 12 (3) of Regulation
Subsequent series of tenders must be lodged by 2 p.m.         (EEC) No 2960/77 shall be 170 ECU per 100 kilo­
on :                                                          grams of olive oil, extra, and 120 ECU per 100 kilo­
— 22 July 1983,                                               grams of olive residue oil.
— 25 August 1983,
                                                              For the purposes of applying the provisions of Article
— 24 September 1983,                                          1 (2), the security referred to in the second subpara­
— 21 October 1983 .                                           graph of this Article shall not be released in the event
                                                              of olive oil being exported in bulk or in immediate
                        Article 4                             containers of a net content of more than five litres
                                                              unless proof is provided that the oil was imported into
1 . With regard to olive residue oil, tenders shall be
                                                              a non-member country other than the United States of
made for an oil of 5° acidity.
                                                              America or Canada, except in cases where it has been
2.     Where the oil awarded has a different degree of        destroyed during transport as a result of force majeure
acidity from that for which the tender was submitted,         or that it has been used for supplies as indicated in
the price to be paid shall be equal to the price              Article 5 of Regulation (EEC) No 2730/79 .
tendered, reduced in accordance with the scale below :
— above 5° up to 8° acidity :                                 The Member States may, however, exempt the exporter
                                                              from producing the documentary evidence, other than
     reduction of Lit 1 805 for each degree or fraction       the transport document, specified in Article 20 of
     of degree of acidity above 5° ,                          Regulation (EEC) No 2730/79, in the case of a trans­
— above 8° :                                                  action where there is reasonable certainty of arrival at
     additional reduction of Lit 2 191 for each degree or     destination of products for which a declaration of
     fraction of degree above 8° .                            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.
Not later than three days after the expiry of each time       In the case of export of oil in bulk, the security
limit laid down for the submission of tenders, AIMA           referred to in the second subparagraph shall be forfeit
shall send the Commission a list, without mentioning          up to the amount of the corrective amount applicable
names, stating the highest tender received for each lot       in trade between Greece and the other Member States,
put up for sale.                                              if the party concerned does not provide proof that it
                                                              has not received such amount.
                        Article 6
The minimum selling price shall be fixed, in accor­                                   Article 9
dance with the procedure laid down in Article 38 of
Regulation No 136/66/EEC, on the basis of the                 The storage charge provided for in Article 1 5 of Regu­
tenders received, not later than the last working day of
                                                              lation (EEC) No 2960/77 shall be Lit 3 500 per 100
the month during which the tenders were submitted.            kilograms.
The decision fixing the minimum selling price shall
be notified forthwith to the Member State concerned.
                                                                                     Article 10
                        Article 7
The olive oil shall be sold by AIMA not later than the        This Regulation shall enter into force on the day of its
seventh day of each month following that during               publication in the Official Journal of the European
which the tenders were submitted .                             Communities.
 ---pagebreak--- No L 139 /36                  Official Journal of the European Communities                        28 . 5 . 83
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 26 May 1983.
                                                                  For the Commission
                                                                    Poul DALSAGER
                                                              Member of the Commission