CELEX: 31987R3567
Language: en
Date: 1987-11-28
Title: Commission Regulation (EEC) No 3567/87 of 26 November 1987 opening an invitation to tender for the sale for export of olive oil and olive residue oil held by the Italian intervention agency

28 . 11 . 87                                 Official Journal of the European Communities                               No L 338 / 11
                                       COMMISSION REGULATION (EEC) No 3567/87
                                                         of 26 November 1987
                  opening an invitation to tender for the sale for export of olive oil and olive
                                      residue oil held by the Italian intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                             refunds on agricultural products (*), as last amended by
                                                                        Regulation (EEC) No 11 80/87 Q, specifies the evidence
Having regard to the Treaty establishing the European                   required to prove importation into non-Community
Economic Community,                                                     countries ;
Having regard to Council Regulation No 136/66/EEC of                    Whereas the measures provided for in this Regulation are
22 September 1966 on the establishment of a common                      in accordance with the opinion of the Management
organization of the market in oils and fats ('), as last                Committee for Oils and Fats,
amended by Regulation (EEC) No 1915/87 (2), and in
particular Article 12 (4) thereof,
                                                                        HAS ADOPTED THIS REGULATION :
Whereas Article 2 ( 1 ) of Council Regulation (EEC) No
2754/78 (3) provides that olive oil held by the intervention
agencies is to be put up for sale by tender ;                                                      Article 1
Whereas, pursuant to Article 12 ( 1 ) of Regulation No                  1.     The Italian intervention agency 'Azienda di Stato per
 136/66/EEC, the Italian intervention agency has bought                 gli interventi nel mercato agricolo', hereinafter referred to
 in large quantities of olive oil ;                                     as \AIMA', shall open an invitation to tender in
                                                                        accordance with the provisions of this Regulation and of
Whereas Commission Regulation (EEC) No 2960/77 (4),                     Regulation (EEC) No 2960/77 for the sale for export of
 as last amended by Regulation (EEC) No 3818/85 (*), laid               the following quantities of olive oil :
 down the conditions for the sale by tender of olive oil ;              — approximately 5 000 tonnes of virgin lampante olive
 whereas at the present time there exist opportunities for                   oil,
 exporting olive oil ;                                                  — approximately 2 000 tonnes of olive residue oil .
 Whereas, in order to avoid any export problem, it shall be             2. The quantities of olive oil awarded shall not be
 precisely stated on the package of the product to be                   exported to the United States of America or Canada.
 exported one of the denominations set out in the Annex
 to Regulation No 136/66/EEC ;
                                                                                                   Article 2
 Whereas the minimum selling price is so fixed that the
 Community operators enjoy equal conditions of competi­                 The invitation to tender shall be made public on 4
                                                                         December 1987.
 tion with operators in non-member countries ; whereas,
 accordingly, oil should, under this Regulation, qualify
 neither for the export refund provided for in Article 20 of             Particulars of the lots of oil offered for sale and the places
 Regulation No 136/66/EEC nor for the consumption aid                   where they are stored shall be displayed at the head office
 provided for in Article 1 1 of the same Regulation ;                    of AIMA, via Palestro 81 , Rome, Italy.
                                                                         A copy of the invitation to tender referred to above shall
 Whereas there is an established export trade in olive oil               be sent without delay to the Commission .
 put up in small containers from the Community to the
 United States of America and to Canada ; whereas if oil                                            Article 3
 subject of an award by tender under this Regulation were
 to be exported in bulk to these two countries, it might                 The tenders must reach AIMA, via Palestro 81 , Rome,
 well damage this traditional export trade ; whereas, to                 Italy, not later than 2 p.m . (local time) on 17 December
 guard against this danger, exportation should be allowed                1987 .
  only to countries other than the United States of America
 and Canada ;
                                                                                                    Article 4
  Whereas Article 20 of Commission Regulation (EEC) No
  2730/79 of 29 November 1979 laying down common                         1 . With regard to virgin lampante olive oil, tenders
                                                                         shall be submitted for an oil of 5° acidity.
  detailed rules for the application of the system of export
                                                                         With regard to olive residue oil, tenders shall be
  (') OJ No  172, 30. 9. 1966, p. 3025/66.                               submitted for an oil of 10° acidity.
  (2) OJ No  L 183, 3 . 7. 1987, p. 7.
  (3) OJ No  L 331 , 28 . 11 . 1978 , p. 13 .
  (4) OJ No  L 348 , 30 . 12. 1977, p. 46 .                              (6) OJ No L 317, 12. 12. 1979, p. 1 .
  0   OJ No  L 368, 31 . 12. 1985, p. 20 .                               0 OJ No L 113, 30. 4. 1987, p. 27.
 ---pagebreak--- No L 338 / 12                          Official Journal of the European Communities                                28 . 11 . 87
2. Where the oil awarded has a different degree of                minimum selling priced shall be notified forthwith to the
acidity from that for which the tender was submitted, the         Member State concerned .
price to be paid shall be equal to the price tendered,
increased or reduced in accordance with the scale below :                                   Article 7
A. Virgin lampante olive oil :                                    The olive oil shall be sold by AIMA not later than the
                                                                  seventh day of each month following that during which
     — up to 5° acidity :                                         the tenders were submitted.
        increase of Lit 5 162 for each degree or fraction of
        degree of acidity below 5° ,                                                         Article 8
     — above 5° up to 8° acidity :                                The security referred to in Article 7 of Regulation (EEC)
        reduction of Lit 5 162 for each degree or fraction        No 2960/77 shall be Lit 30 000 per 100 kilograms.
        of degree of acidity above 5° ,
                                                                  The security referred to in Article 12 (3) of Regulation
     — above 8° :
                                                                  (EEC) No 2960/77 shall be Lit 200 000 per 100 kilo­
         additional reduction of Lit 5 645 for each degree        grams .
         or fraction of degree above 8° .
                                                                  For the purposes of applying the provisions of Article 1
B. Olive residue oil :                                            (2), the security referred to in the second subparagraph of
     — below 10° down to 8° acidity :
                                                                  this Article shall not be released unless proof is provided
                                                                  that the oil was imported into a non-member country
         an increase of Lit 3 226 for each degree or fraction     other than the United States of America or Canada,
         of a degree of acidity below 10° ,                       except in cases where it has been destroyed during trans­
     — below 8° :                                                 port as a result of force majeure, or that it has been used
                                                                  for supplies as indicated in Article 5 of Regulation (EEC)
         an additional increase of Lit 2 742 for each degree      No 2730/ 79 .
         or fraction of a degree below 8° ,
     — above 10° :                                                The Member States may, however, exempt the exporter
                                                                  from producing the documentary evidence, other than the
         a reduction of Lit 3 226 for each degree or fraction     transport document, specified in Article 20 of Regulation
         of a degree above 10° .                                  (EEC) No 2730/79, in the case of a transaction where
                                                                  there is reasonable certainty of arrival at destination of
                            Article 5                             products for which a declaration of export to a non­
                                                                  member country in Europe, Africa, or the Near or Middle
 Not later than three days after the expiry of the time limit     East, listed in Regulation (EEC) No 2566/79, was made.
 laid down for the submission of tenders, AIMA shall send
the Commission a list, without mentioning names, stating                                     Article 9
the highest tenders received for each lot put up for sale.
                                                                  The storage charge provided for in Article 15 of Regula­
                                                                  tion (EEC) No 2960/77 shall be Lit 4 000 per 100 kilo­
                            Article 6                             grams .
The minimum selling price shall be fixed, in accordance                                     Article 10
with the procedure laid down in Article 38 of Regulation
 No 136/66/EEC, on the basis of the tenders received, not         This Regulation shall enter into force on the day of its
 later than the last working day of the month during              publication in the Official Journal of the European
which the tenders were submitted . The decision fixing the         Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 26 November 1987.
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President