CELEX: 31976R2197
Language: en
Date: 1976-09-08 00:00:00
Title: Commission Regulation (EEC) No 2197/76 of 8 September 1976 on the putting up for sale of olive oil held by the Italian intervention agency

9 . 9 . 76                               Official Journal of the European Communities                           No L 247/ 11
                                   COMMISSION REGULATION ( EEC) No 2197/76
                                                      of 8 September 1976
               on the putting up for sale of olive oil held by the Italian intervention agency
THE COMMISSION OF THE EUROPEAN                                     Whereas, in order to guarantee performance of the
COMMUNITIES,                                                       obligations resulting from the submission of an appli­
                                                                   cation , provision should be made for the lodging of a
Having regard to the Treaty establishing the European              security ;
Economic Community,
                                                                   Whereas, since the quantity of oil sold may be
Having regard to Council Regulation No 136/66/ EEC                 different from that actually withdrawn, the final
of 22 September 1966 on the establishment of a                     selling price cannot be calculated until the end of the
common organization of the market in oils and                      withdrawal operation ; whereas, in order to ensure that
fats ('), as last amended by Regulation ( EEC) No                  the sale is properly conducted, the provisional price
1 707/73 (2), and in particular Article 11 (5) thereof,            should be paid before withdrawal ;
Whereas, pursuant to Article 11 ( 1 ) of Regulation No             Whereas, in order to ensure the rapid disposal of the
136/66/ EEC, the Italian intervention agency bought                oil sold, the time at which the oil must be placed at
in large quantities of olive oil during the 1975/76                 the purchaser's disposal and the final date for comple­
marketing year ; whereas the state of the Italian                   tion of the withdrawal of the oil should be laid down ;
market in olive oil is at present favourable for the               whereas it should also be provided that any
resale of the said oil ; whereas, in view of the characte­          consequences of delay in the withdrawal should be
ristics of the market, the sale should be carried out as            borne by the purchaser ;
soon as possible ;
Whereas Commission Regulation (EEC) No 589/68 of                    Whereas the measures provided for in this Regulation
 14 May 1968 on detailed rules for the sale of olive oil            are in accordance with the opinion of the Manage­
                                                                    ment Committee for Oils and Fats,
held by the intervention agencies (3), laid down the
conditions for the sale by tender on the Community
market of oil held by intervention agencies ; whereas
the procedure laid down therein involves time limits
which are incompatible with the need to offer the said              HAS ADOPTED THIS REGULATION :
oil for sale as quickly as possible ;
Whereas, moreover, experience has shown that the
said procedure involves delivery periods which are                                           Article 1
 incompatible with commercial practices and require­
 ments ; whereas special measures should therefore be               The Italian intervention agency, Azienda di Stato per
 laid down to counteract those drawbacks ; whereas this             gli interventi nel Mercato Agricolo', hereinafter
 may be achieved by providing for the sale of the oil to            referred to as 'AIMA', shall offer for sale, out of the
 the purchaser who, subject to a minimum price,                     intervention purchases of the 1975/76 oil marketing
 makes the highest offer ;                                          year, and in accordance with the provisions of this
                                                                    Regulation , the following quantities and qualities of
Whereas Article 11 (3) of Regulation No 136/66/ EEC                 olive oil :
 specifies the terms on which oil bought in by the
 intervention agencies must be offered for sale ;                   (a) the unsold quantity of extra virgin olive oil put up
 whereas, in order to ensure observance of those terms,                  for sale under Regulation (EEC) No 1785/76 ;
 minimum selling prices should be fixed at the levels
 shown in the Annex hereto ;                                        (b) the total amount of lampante olive oil purchased
                                                                         by AIMA.
 Whereas, in order to ensure that the selling operations
 arc properly carried out, certain information should be
 provided in the application for purchase,, in particular                                    Article 2
 as regards the exact definition of the product to which
 it relates ;
                                                                     Particulars of the lots of olive oil offered for sale and
(') OJ No 172, 3«. 9 . 1966, p. 3025/66.                             the place where they are stored shall be displayed at
(■) OJ No L 175, 29 . 6. 1973, p . 5 .                               the central office of AIMA, via Palestro 81 , Rome,
(•') OJ No L 112, 15 . 5 . 1968 , p . 6.                             from 22 September 1976 onwards.
 ---pagebreak--- No L 247/ 1 2                         Official Journal of the European Communities                                9 . 9 . 76
                          Article 3                             5.     No application may be withdrawn .
The minimum selling prices shall be as laid down in
                                                                                        Article 6
the Annex hereto . These prices are prices net of tax
and relate to 100 kilogrammes of olive oil delivered ex
storage depot, either in the purchaser's own containers          1.    No application for purchase shall be valid unless
                                                                it is accompanied by a security of Lit 12 000 per 100
loaded on a vehicle provided by him , or in the
                                                                kilogrammes .
purchaser's tank vehicle.
                                                                2.    The security shall be in cash or by way of a
                                                                guarantee issued by a credit institution satisfying the
                          Article 4
                                                                criteria laid down by the Member State in which it is
                                                                situated .
 1.    The sale of the oil shall take place on 1 October
 1976 . Any lots or parts of lots not sold on that day          3.    The security shall be released if no sale is made
shall be put up for sale again on 15 and 30 October             to the party concerned . It shall also be released when
 1976. After each sale , the AIMA shall display, at its         the purchaser pays the final price as referred to in
central office, details of the sale , which shall include a     Article 11 .
list of lots or parts of lots remaining unsold, and shall
without delay inform accordingly the agencies respon­
                                                                                        Article 7
sible for storage .
                                                                The oil in each particular container shall be sold to
2.     Any interested party may examine at the storage
depot the oil offered for sale and may obtain a sample          the applicant having made a valid application for
thereof, in containers supplied by him for that                 purchase offering the highest price .
purpose, on payment of a price determined on the                Where the same highest offer is made by more than
basis of the minimum price laid down in the Annex               one applicant, the purchaser shall be chosen by lot by
hereto . This sample shall be put into two containers,          the AIMA .
which shall be labelled and sealed in the presence of
both the vendor and the prospective purchaser or his
duly authorized agent. One container shall be given to                                  Article 8
the prospective purchaser and the other to the storer,
so that, in the event that oil is sold to the party              1.    Immediately after the sale has been concluded,
concerned , a check may be made to ensure that the              seals shall be placed in the presence of both parties
oil applied for by him corresponds to that actually             upon the container or containers to which the applica­
delivered .                                                     tion for purchase relates. The container or containers
                                                                concerned shall remain sealed until the withdrawal of
                                                                the oil by the purchaser.
                          Article 5
                                                                2.     Where the oil is of the lampante variety, an
 1.    Applications for purchase shall reach the AIMA,          analysis shall be carried out in the presence of both
Via Palestro 81 , Rome, Italy, not later than 2 p.m .           parties before the placing of the seals referred to in
(Italian time) on the day preceding that of the sale .          paragraph 1 . If the degree of acidity of such oil does
                                                                not correspond to that referred to in point 2 of the
2. Applications for purchase shall include at least             Annex hereto, the selling price shall be adjusted in
                                                                accordance with the said Annex .
the following information :
(a) the name and full postal address of the applicant ;                                 Article 9
(b) the container number or numbers, together with
     the corresponding lot number and the place of               1 . The purchaser shall pay to the AIMA, before
     storage ;                                                  withdrawing the oil and in any event not later than
(c) an acknowledgement of the accuracy of the quality           the fifteenth day following that of sale, the provisional
     description under which the oil concerned is               amount of the selling price . Without prejudice to any
     offered for sale ;                                         domestic taxes applicable, such amount shall be calcu­
                                                                lated by multiplying the quantity indicated as being
(d) the offer price per 100 kilogrammes .                       contained in the lot by the price offered for that lot.
3 . Any application which does not offer at least the           2.     If the provisional amount is not paid to the
minimum price set for the lot concerned shall be                AIMA within the period laid down in paragraph 1 , the
refused .                                                       AIMA may, without any special formality or innova­
                                                                tion of legal process, regard the sale as cancelled . In
4.     Every application for purchase shall relate to all       this event, the security referred to in Article 6 shall be
the oil in at least one container .                             forfeit .
 ---pagebreak--- 9 . 9 . 76                               Official Journal of the European Communities                                   No L 247 / 13
                            Article 10                                    — the provisional amount,
1 . The withdrawal of the oil by purchasers may                           — the final amount of the selling price, plus, where
begin as soon as the provisional amount referred to in                        applicable, the storage charge provided for in
Article 9 ( 1 ) has been paid and shall be completed not                      Article 12 (b).
later than the thirtieth day following that of sale .                     The balance shall be paid within 30 days following
                                                                          completion of the withdrawal of the oil .
2. The quantity of oil delivered may differ from the
quantity applied for by the purchaser, depending on                                               Article 12
the actual quantity in the containers at the time of
delivery.                                                                 If withdrawal of the oil is not completed by the date
                                                                          laid down in Article 10 ( 1 ):
                            Article 11                                    (a) the oil remaining in storage shall be held at the
                                                                              purchaser's own risk ;
1 . When the withdrawal of the oil is completed,
the AIMA shall draw up an invoice for the final                           (b) the purchaser shall pay to the AIMA a storage
amount of the selling price .                                                 charge calculated on the basis of the quantity still
                                                                              to be withdrawn at the rate of Lit 1 000 per 100
Without prejudice to any domestic taxes applicable,                           kilogrammes for each period of 30 days of addi­
the final amount shall be calculated by multiplying                           tional storage or part thereof.
the quantity actually withdrawn by the price offered
for the lot concerned .                                                                           Article 13
2.      The   invoice     shall  show    the    debit   or  credit        This Regulation shall enter into force on the day
balance, which shall be equal to the difference                           following its publication in the Official Journal of
between :                                                                 the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 8 September 1976 .
                                                                                    For the Commission
                                                                                      P.J. LARDINOIS
                                                                                Member of the Commission
                                                                    A NNI-X
                         Minimum selling prices for olive oil held by the Italian intervention agency
                1 . Extra 1 ' virgin olive oil : Lit I 52 000 / 1 00 kg ;
                2 . V base lampante olive oil : Lit 127 000 / 100 kg .
                For lampante olive oil with a different degree of acidity, there shall be an increase or reduction of Lit
                1 000 / 100 kg for each degree or fraction of degree of acidity more or less than