CELEX: 31982R1290
Language: en
Date: 1982-05-28 00:00:00
Title: Commission Regulation (EEC) No 1290/82 of 27 May 1982 opening a standing invitation to tender for the sale for export of olive oil held by the Greek intervention agency

No L 149/ 16                            Official Journal of the European Communities                              28 . 5. 82
                                       COMMISSION REGULATION (EEC) No 1290/82
                                                        of 27 May 1982
                opening a standing invitation to tender for the sale for export of olive oil held by
                                                 the Greek intervention agency
 THE COMMISSION OF THE EUROPEAN                                    the United States of America and to Canada ; whereas
 COMMUNITIES,                                                      if oil subject of an award by tender under this Regula­
                                                                   tion were to be exported in bulk to these two coun­
 Having regard to the Treaty establishing the European             tries, it might well damage this traditional export
 Economic Community,                                               trade ; whereas, to guard against this danger, exporta­
                                                                   tion in bulk or in immediate containers of a net
                                                                   content of more than five litres should be allowed only
 Having regard to Council Regulation No 136/66/EEC                 to countries other than the United States of America
 of 22 September 1966 on the establishment of a                    and Canada ;
 common organization of the market in oils and fats ('),
 as last amended by Regulation (EEC) No 3454/80 (2),
 and in particular Article 12 (4) thereof,                         Whereas Article 20 of Commission Regulation (EEC)
                                                                   No 2730/79 of 29 November 1979 laying down
                                                                   common detailed rules for the application of the
 Having regard to Council Regulation (EEC) No 5/81                 system of export refunds on agricultural products Q, as
 of 1 January 1981 laying down the general rules for               last amended by Regulation (EEC) No 202/82 (8),
 the system of accession compensatory amounts for                  specifies the evidence required to prove importation
 olive oil (3), and in particular Article 7 thereof,               into non-Community countries ;
Whereas Article 2 of Council Regulation (EEC) No                   Whereas Commission Regulation (EEC) No 2 566/79
 2754/78 (4) provides that olive oil held by the interven­         of 15 November 1979 on the country nomenclature
 tion agencies is to be put up for sale by tender ;                for the external trade statistics of the Community and
                                                                   statistics of trade between Member States (9) lists the
Whereas, pursuant to Article 12 (1 ) of Regulation No              non-member countries of Europe, Africa and the Near
 136/66/EEC, the Greek intervention agency has                     and Middle East ;
bought in, since the 1980/81 marketing year, large
quantities of olive oil ;                                          Whereas the measures provided for in this Regulation
                                                                   are in accordance with the opinion of the Management
Whereas Commission Regulation (EEC) No                             Committee for Oils and Fats,
 2960/77 (*), as last amended by Regulation (EEC) No
3473/80 (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
tunities for exporting edible virgin olive oil ; whereas,          HAS ADOPTED THIS REGULATION :
therefore, the said oil should be put up for sale under a
standing invitation to tender ;
                                                                                           Article 1
Whereas the minimum selling price is so fixed that
the Community operators enjoy equal conditions of
competition with operators in non-member countries ;               1 . The Greek intervention agency 'Ypiresia Diachi­
whereas accordingly, oil should under this Regulation              riseos Agoron Georgikon Proionton', hereinafter
qualify neither for the export refund provided for in              referred to as 'Ydagep', shall open a standing invitation
Article 20 of Regulation No 136/66/EEC nor for the                 to tender in accordance with the provisions of this
consumption aid provided for in Article 11 of the                  Regulation and of Regulation (EEC) No 2960/77 for
same Regulation ;                                                  the sale for export of about 6 000 tonnes of extra
                                                                   quality virgin olive oil out of intervention purchases
                                                                   made during the 1980/81 olive oil marketing year at a
Whereas there is an established export trade in olive              rate of 1 200 tonnes per month, this latter quantity
oil put up in small containers from the Community to               being increased the following month by any quantity
                                                                   of olive oil remaining unsold from the previous invita­
(') OJ  No   172, 30 . 9. 1966, p. 3025/66.                        tions to tender.
0   OJ  No   L 360, 31 . 12. 1980, p. 1 .
(3) OJ  No   L 1 , 1 . 1 . 1981 , p. 8 .
(4) OJ  No   L 331 , 28 . 11 . 1978, p. 13 .                       0 OJ No L 317, 12. 12. 1979, p. 1 .
O   OJ  No   L 348, 30. 12. 1977, p. 46.                           0 OJ No L 21 , 29. 1 . 1982, p. 23.
(s) OJ  No   L 363, 31 . 12. 1980, p. 49.                          0 OJ No L 294, 21 . 11 . 1979, p. 5.
 ---pagebreak--- 28 . 5 . 82                        Official Journal of the European Communities                         No L 149/ 17
2. The quantities of olive oil awarded shall not be          A list of the lots put up for sale and a list of the lots
exported in bulk or in immediate containers of a net         remaining unsold from the previous invitations to
content of more than five litres to the United States of     tender shall be displayed at the head office of Ydagep
America or Canada .                                          not later than the seventh day of each month.
                        Article 2
                                                                                      Article 7
The invitation to tender shall be made public on 7
June 1982.                                                   The security referred to in Article 7 of Regulation
                                                             (EEC) No 2960/77 shall be 9-50 ECU per 100 kilo­
Particulars of the lots of oil offered for sale and the      grams.
places where they are stored shall be displayed at the
head office of Ydagep, 5 Acharnon Street, Athens,            The security referred to in Article 12 (3) of Regulation
Greece. A copy of the invitation to tender referred to       (EEC) No 2960/77 shall be 165 ECU per 100 kilo­
above shall be sent without delay to the Commission.         grams of olive oil.
                                                             For the purposes of applying the provisions of Article
                        Article 3                             1 (2), the security referred to in the second subpara­
                                                             graph of this Article shall not be released in the event
The first series of tenders must reach Ydagep, 5             of olive oil being exported in bulk or in immediate
Acharnon Street, Athens, Greece, not later than 2 p.m.       containers of a net content of more than five litres
(local time) on 23 June 1982.                                unless proof is provided that the oil was imported into
                                                             a non-member country other than the United States of
Subsequent series of tenders must be lodged by 2 p.m.        America or Canada, except in cases where it has been
on :                                                         destroyed during transport as a result of force majeure
                                                             or that it has been used for supplies as indicated in
— 23 July 1982,                                              Article 5 of Regulation (EEC) No 2730/79.
— 23 August 1982,
— 23 September 1982,
— 22 October 1982.                                           The Member States may, however, exempt the exporter
                                                             from producing the documentary evidence, other than
                                                             the transport document, specified in Article 20 of
                        Article 4
                                                              Regulation (EEC) No 2730/79 in the case of a transac­
                                                             tion where there is reasonable certainty of arrival at
                                                              destination of products for which a declaration of
Not later than three days after the expiry of each time       export to a non-member country in Europe, Africa, or
limit laid down for the submission of tenders. Ydagep         the Near or Middle East, listed in Regulation (EEC)
shall send the Commission a list, without mentioning          No 2566/79 was made.
names, stating the highest tender received for each lot
put up for sale.
                                                              In the case of export of oil in containers of a net
                                                              content not exceeding five litres, the security referred
                         Article 5                            to in the second subparagraph shall be forfeit up to
                                                              the amount of the accession compensatory amount, if
                                                              the party concerned does not provide proof that it has
The minimum selling price shall be fixed, in accor­           not received the compensatory amount.
 dance with the procedure laid down in Article 38 of
 Regulation No 136/66/EEC, on the basis of the
 tenders received, not later than the last working day of
 the month during which the tenders were submitted.                                   Article 8
The decision fixing the minimum selling price shall
 be notified forthwith to the Member State concerned.
                                                              The storage charge provided for in Article 15 of Regu­
                                                              lation (EEC) No 2960/77 shall be Dr 150 per 100 kilo­
                                                              grams.
                         Article 6
 The olive oil shall be sold by Ydagep not later than
                                                                                      Article 9
 the seventh day of each month following that during
 which the tenders were submitted.
                                                              This Regulation shall enter into force on the day of its
 Ydagep shall supply the agencies responsible for              publication in the Official Journal of the European
 storage with a list of the lots remaining unsold.             Communities.
 ---pagebreak--- No L 149/ 18                  Official Journal of the European Communities                        28 . 5. 82
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 27 May 1982.
                                                                  For the Commission
                                                                    Poul DALSAGER
                                                              Member of the Commission