CELEX: 31984R1602
Language: en
Date: 1984-06-08 00:00:00
Title: Commission Regulation (EEC) No 1602/84 of 6 June 1984 opening an invitation to tender for the sale for export of olive oil held by the Italian intervention agency

8 . 6. 84                             Official Journal of the European Communities                           No L 152/31
                                  COMMISSION REGULATION (EEC) No 1602/84
                                                       of 6 June 1984
               opening an invitation to tender for the sale for export of olive oil held by the
                                                Italian intervention agency
THE COMMISSION OF THE EUROPEAN                                   qualify neither for the export refund provided for in
COMMUNITIES,                                                     Article 20 of Regulation No 136/66/EEC nor for the
                                                                 consumption aid provided for in Article 11 of the
Having regard to the Treaty establishing the European             same Regulation ;
Economic Community,
                                                                 Whereas there is an established export trade in olive
                                                                 oil put up in small containers from the Community to
Having regard to Council Regulation No 136/66/EEC                 the United States of America and to Canada ; whereas
of 22 September 1966 on the establishment of a
                                                                  if oil subject of an award by tender under this Regula­
common organization of the market in oils and fats ('),           tion were to be exported in bulk to these two coun­
as last amended by Regulation (EEC) No 1 101 /84 (2),             tries, it might well damage this traditional export
and in particular Article 12 (4) thereof,                         trade ; whereas, to guard against this danger, exporta­
                                                                  tion in bulk should be allowed only to countries other
Having regard to Council Regulation (EEC) No 5/81                 than the United States of America and Canada ;
of 1 January 1981 laying down the general rules for
the system of the accession compensatory amount for              Whereas Article 20 of Commission Regulation (EEC)
olive oil (3), and in particular Article 7 thereof,               No 2730/79 of 29 November 1979 laying down
                                                                  common detailed rules for the application of the
Whereas Article 2 of Council Regulation (EEC) No                  system of export refunds on agricultural products Q, as
2754/78 (4) provides that olive oil held by the interven­         last amended by Regulation (EEC) No 519/83 (8),
tion agencies is to be put up for sale by tender ;                specifies the evidence required to prove importation
                                                                  into non-Community countries ;
Whereas, pursuant to Article 12 (1 ) of Regulation No
136/66/EEC, the Italian intervention agency has                  Whereas Commission Regulation (EEC) No 2566/79
bought in, since the 1 975/76 marketing year, large               of 15 November 1979 on the country nomenclature
quantities of olive oil ;                                         for the external trade statistics of the Community and
                                                                  statistics of trade between Member States (9) lists the
                                                                  non-member countries of Europe, Africa and the Near
Whereas        Commission        Regulation     (EEC)    No       and Middle East ;
2960/77 (*), as last amended by Regulation (EEC) No
2041 /83 (*), laid down the conditions for the sale by
tender of olive oil ; whereas at the present time there          Whereas the measures provided for in this Regulation
exist opportunities for exporting olive oil ; whereas,            are in accordance with the opinion of the Management
therefore, the said oil should be put up for sale under           Committee for Oils and Fats,
an invitation to tender, providing that, taking into
account the world market, the obligation to export is a
delay shorter than the normal six months ;
                                                                  HAS ADOPTED THIS REGULATION :
Whereas, in order to avoid any export problem, it shall
be precisely stated on the package of the product to be
exported in one of the denominations set out in the                                       Article 1
Annex to Regulation No 136/66/EEC ;
                                                                   1 . The Italian intervention agency 'Azienda di Stato
Whereas the minimum selling price is so fixed that                per gli interventi nel mercato agricolo', hereinafter
the Community operators enjoy equal conditions of                 referred to as 'AIMA', shall open an invitation to
competition with operators in non-member countries ;              tender in accordance with the provisions of this Regu­
whereas, accordingly, oil should under this Regulation            lation and of Regulation (EEC) No 2960/77 for the
                                                                  sale for export of approximately 2 500 tonnes of olive
(') OJ No 172, 30. 9. 1966, p. 3025/66.                           residue oil .
(2) OJ No L 113, 28 . 4. 1984, p. 7.
(3) OJ No L 1 , 1 . 1 . 1981 , p. 8 .
O   OJ No L 331 , 28. 11 . 1978, p. 13.                           0 OJ No L 317, 12. 12. 1979, p. 1 .
0   OJ No L 348, 30. 12. 1977, p. 46.                             (») OJ No L 58, 5. 3. 1983, p. 5.
M OJ No L 200, 23. 7. 1983, p. 25.                                0 OJ No L 294, 21 . 11 . 1979, p. 5.
 ---pagebreak--- No L 152/32                        Official Journal of the European Communities                               8 . 6. 84
2. The quantities of olive oil awarded shall not be                                    Article 6
exported to the United States of America or Canada.
                                                             The minimum selling price shall be fixed, in accor­
3. By derogation of the dispositions of Article 1 of         dance with the procedure laid down in Article 38 of
Regulation (EEC) No 2960/77, the oil awarded must            Regulation No 136/66/EEC, on the basis of the
be exported within four months of the sale, without          tenders received, not later than the last working day of
having been made edible.                                     the month during which the tenders were submitted.
                                                             The decision fixing the minimum selling price shall
                                                             be notified forthwith to the Member State concerned.
                         Article 2
                                                                                       Article 7
The invitation to tender shall be made public on 8
June 1984.                                                   The olive oil shall be sold by AIMA not later than the
                                                             seventh day of each month following that during
Particulars of the lots of oil offered for sale and the      which the tenders were submitted.
places where they are stored shall be displayed at the
head office of AIMA, via Palestro 81 , Rome, Italy.
                                                                                       Article 8
A copy of the invitation to tender referred to above
shall be sent without delay to the Commission.                The security referred to in Article 7 of Regulation
                                                              (EEC) No 2960/77 shall be Lit 13 000 per 100 kilo­
                                                             grams.
                         Article 3
                                                             The security referred to in Article 1 2 (3) of Regulation
The tenders must reach AIMA, via Palestro 81 , Rome,          (EEC) No 2960/77 shall be Lit 138 000 per 100 kilo­
Italy, not later than 2 p.m. (local time) on 22 June          grams of olive residue oil.
 1984.
                                                              For the purposes of applying the provisions of Article
                                                               1 (2), the security referred to in the second subpara­
                         Article 4                            graph of this Article shall not be released unless proof
                                                              is provided that the oil was imported into a non­
                                                              member country other than the United States of
 1.    Tenders shall be made for an olive residue oil of      America or Canada, except in cases where it has been
 10 ° acidity.                                                destroyed during transport as a result of force majeure,
                                                              or that it has been used for supplies as indicated in
 2.    Where the oil awarded has a different degree of        Article 5 of Regulation (EEC) No 2730/79.
acidity from that for which the tender was submitted,
the price to be paid shall be equal to the price              The Member States may, however, exempt the exporter
tendered, increased or reduced in accordance with the         from producing the documentary evidence, other than
scale below :                                                 the transport document, specified in Article 20 of
— below 1 0 0 down to 8° acidity :                            Regulation (EEC) No 2730/79, in the case of a trans­
     an increase of Lit 2 682 for each degree or fraction     action where there is reasonable certainty of arrival at
     of a degree of acidity below 10° ,                       destination of products for which a declaration of
                                                              export to a non-member country in Europe, Africa, or
— below 8 ° :
                                                              the Near or Middle East, listed in Regulation (EEC)
     an additional increase of Lit 2 280 for each degree      No 2566/79, was made.
     or fraction of a degree below 8 ° ,
— above 10 ° :
                                                                                       Article 9
     a reduction of Lit 2 682 for each degree or fraction
     of a degree above 10° .                                  The storage charge provided for in Article 1 5 of Regu­
                                                              lation (EEC) No 2960/77 shall be Lit 3 500 per 100
                                                              kilograms.
                         Article 5
 Not later than three days after the expiry of the time                               Article 10
limit laid down for the submission of tenders, AIMA
shall send the Commission a list, without mentioning          This Regulation shall enter into force on the day of its
names, stating the highest tender received for each lot        publication in the Official Journal of the European
put up for sale.                                               Communities.
 ---pagebreak--- 8 . 6. 84                    Official Journal of the European Communities                      No L 152/33
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 6 June 1984.
                                                                 For the Commission
                                                                   Poul DALSAGER
                                                             Member of the Commission