CELEX: 31973R3495
Language: en
Date: 1973-12-21 00:00:00
Title: Regulation (EEC) No 3495/73 of the Commission of 21 December 1973 on the buying-in of olive oil for a buffer stock

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 No L 357/ 38                              Official Journal of the European Communities                            28 . 12 . 73
                                REGULATION ( EEC) No 3495/73 OF THE COMMISSION
                                                        of 21 December 1,973
                                        on the buying-in of olive oil for a buffer stock
 THE COMMISSION OF THE EUROPEAN                                       Whereas to promote the formation of a buffer stock,
 COMMUNITIES,                                                         the payment of the buying-in price as well as the
                                                                      subsidy within a short period after the delivery of the
 Having regard to the Treaty establishing the European                oil should be provided for ; whereas, with' the same
 Economic Community ;                                                 end in view, it appears necessary that the intervention
 Having regard to Council Regulation No 136/                          agency should take account of differing costs which
 66/ EEC (') of 22 September 1966 on the establish­                   may result for the seller from the transport of the oil
 ment of a common organization of the market in oils                  to a centre other than that which he has named ;
 and fats, as last amended by Regulation ( EEC) No
  1 707/73 (2 ) ;                                                     Whereas the measures provided for in this Regulation
                                                                      are in accordance with the Opinion of the Manage­
 Having regard to Council Regulation (EEC) No                         ment Committee for Oils and Fats ,
 3414/73 (3 ) of 11 December 1973 on the formation of
 a buffer stock of olive oil , and in particular Article 8
 thereof ;
                                                                      HAS ADOPTED THIS REGULATION
 Whereas, according to Article 2 of Regulation (EEC)
 No 3414/73, the buffer stock shall consist exclusively
 of virgin oil ; whereas, for purposes of good administra­                                   Article 1
 tive management, the virgin oils which are of a less
 than normal quality should be excluded from the
 stock ;                                                              Only virgin olive oil having a free fatty acid content
                                                                      expressed as oleic acid of not more than 13 grammes
 Whereas to ensure the correct application of the                     per 100 grammes, and with a moisture, and impurities
 buffer stock system as well as the subsidy system for                content of not more than 1-5 % , shall be eligible for
 the oils sold for the buffer stock, the minimum infor­               the buffer stock provided for in Regulation (EEC) No
 mation which should be given in the submission offer                 3414/73 .
 should be defined ;
 Whereas Article 4 ( 1 ) of Regulation (EEC) No                                              Article 2
 3414/73 provides the possibility for the producers to
 obtain permission to retain some oil for their personal             The Member State concerned shall fix :
 consumption ; whereas for purposes of good adminis­
 tration , the criteria to be used in determining the                (a) the buying-in price, in accordance with Article 5
 quantity of oil in question should be defined ;                          of Regulation (EEC) No 3414/ 73 . It shall inform
 Whereas     Article 5 of Regulation ( EEC) No 3414/73                    the Commission of this price, once it is fixed ;
 provides    for the application of increases and reduc­             (b) the intervention centres for the formation of the
 tions to   the buying-in price, to take account of the                   buffer stock .
value of    the various qualities of oil offered ; whereas,
 to this end , the table of increases and reductions set
 out in the Annex to Commission Regulation No 785/                                           Article 3
 67/ EEC (4) of 30 October 1967 on the buying-in of
olive oil by intervention agencies, as last amended by
 Regulation ( EEC) No 2501 /71 (5), should be main­                   1.    The submission offer referred to in Article 4(2)
tained ;                                                             of Regulation ( EEC) No 3414/73 should include at
                                                                     least the following information :
Whereas to promote the formation of the totality of
the buffer stock , a           certain    tolerance   should be      (a) the name, forenames and address of the person
permitted in respect of the maximum quantity                              making the offer ;
referred to in Article 2 (3) of Regulation (EEC) No                  (b) the quantity of olives produced ;
3414/ 73 ;
                                                                     (c) the quantity of virgin olive oil produced ;
(')  OJ  No   172, 30 . 9. 1966, p. 3025/66.                         (d) the place where the oil is being stored when the
(2)  OJ  No   L 175, 29 . 6 . 1973, p. 5.                                 offer is made ;
(3)  OJ  No   L 351 , 20 . 12. 1973, p. 1 .
(4)  OJ  No   264, 31 . 10. 1967, p. 11 .                            (e) the intervention centre to which he wishes to
(5)  OJ  No   L 258, 23 . 11 . 1971 , p. 7.                               make the delivery.
 ---pagebreak--- 28 . 12 . 73                            Official Journal of the European Communities                          No L 357/39
2.    The submission offer should be accompanied by               2.      Each month the Member State concerned shall
the cultivation declaration referred to in Article 2 of           inform the Commission of the quantities of oil
Regulation (EEC) No 3209/73 (').                                  bought during the previous month by the intervention
                                                                  agency for the buffer stock.
3 . The intervention agency shall decide for each
producer who submits an offer the amount of oil                                              Article 7
which may be used for his personal consumption,
taking into account in particular the average consump­             1 . The intervention agency shall determine the
tion in the oil-producing regions as well as the                  place where the oil shall be taken over.
number of dependants of each producer.
                                                                   If, at the request of the intervention agency, the oil is
                                                                  delivered :
                         Article 4
                                                                  — to a centre other than that named in the offer, any
1 . The buying-in price shall be adjusted out by                        resulting increase in transport costs to the seller
applying the increases and reductions indicated in                      shall be taken into account when payment is
Regulation No 785/67/ EEC .                                             being effected ;
2. Payment for the quantity of oil delivered shall be             — to a place other than an intervention centre, any
effected following deduction of the weight of moisture                  resulting increase or decrease in transport costs to
                                                                        the   seller shall   be  taken into  account when
and impurities in excess of 0·2 % .
                                                                        payment is being effected.
3 . The buying-in price shall be that valid on the
day of delivery and calculated in accordance with                 2. The intervention agency shall designate a place
                                                                  of delivery other than the centre indicated by the
Article 7 for goods delivered to the warehouse but not            holder of the oil if, at the time of the transaction , that
unloaded, allowance being made for the increases and
                                                                  centre does not have sufficient storage capacity for the
reductions provided for in paragraph 1 .
                                                                  product in question or does not provide sufficient
                                                                  guarantee that the products which have been the
                         Article 5
                                                                  subject of intervention will be kept in good condition .
In the formation of the buffer stock a tolerance of
                                                                  The place of delivery to be designated by the interven­
 1 % in respect of the maximum quantity referred to               tion agency shall be the place, out of all places with
in Article 2(3) of Regulation ( EEC) No 3414/73 shall             sufficient storage capacity and facilities for keeping
be permitted .                                                     products in good condition , in which the total
                                                                  expenditure resulting from storage costs and changes
                          Article 6                               in transport costs is the most favourable.
1 . The payment for the oil bought by the interven­                                          Article 8
tion agency for the buffer stock, as well as of the
subsidy for the oil produced , shall be effected within a         This Regulation shall enter into force on the day
maximum period of 15 days after that on which the                 following its publication in the Official Journal of
intervention agency has taken over the oil .                       the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 21 December 1973 .
                                                                              For the Commission
                                                                                   The President
                                                                             François-Xavier ORTOLI
(') OJ No L 327, 28 . 11 . 197.3 , p . 1.5 .