CELEX: 31981R0071
Language: en
Date: 1981-01-13 00:00:00
Title: Commission Regulation (EEC) No 71/81 of 12 January 1981 on the sale of olive oil held by the Italian intervention agency

13 . 1 . 81                                 Official Journal of the European Communities                           No L 11 / 5
                                         COMMISSION REGULATION ( EEC) No 71 / 81
                                                          of 12 January 1981
                              on the sale of olive oil held by the Italian intervention agency
THE COMMISSION OF THE EUROPEAN                                        Whereas, in view of the large size of the lots put up
COMMUNITIES,                                                          for sale, special provisions should be made in respect
                                                                      of delivery and payment ;
Having regard to the Treaty establishing the European
Economic Community,                                                   Whereas, in view of the detailed arrangements for
                                                                      payment, special measures should be adopted for the
Having regard to Council Regulation No 136/66/ EEC                    EAGGF to take over the interest charges ;
of 22 September 1966 on the establishment of a
common organization of the market in oils and                         Whereas the measures provided for in this Regulation
fats ( J ), as last amended by the Act of Accession of                are in accordance with the opinion of the Manage­
Greece (2), and in particular Article 1 2 (4) thereof,                ment Committee for Oils and Fats ;
Having regard to Council Regulation (EEC) No                          Whereas the EAGGF Committee has not delivered an
1883/78 of 2 August 1978 laying down general rules                    opinion within the time limit set by its chairman,
for the financing of interventions by the European
Agricultural Guidance and Guarantee Fund,
Guarantee Section (3), as last amended by Regulation                   HAS ADOPTED THIS REGULATION :
(EEC) No 249 /80 (4), and in particular Article 5
thereof,
                                                                                               Article 1
Whereas the olive oil bought in by the Italian inter­
vention agency during the 1977/78 marketing year                      The Italian intervention agency, Azienda di Stato per
has been put up for sale by tender on several occa­                   gli interventi sul mercato agricolo, hereinafter called
sions ; whereas it has only been possible to sell a small             'AIMA', shall put up for sale some 33 000 tonnes of
proportion of the said oil to date ;                                  virgin olive oil from intervention purchases made
                                                                       during the 1977/78 olive marketing year, in accor­
Whereas it appears that the existing market situation                  dance with the provisions of this Regulation .
is suitable for again putting up for sale the said oil
which, on account of its characteristics, is sought after
                                                                                               Article 2
by Community operators, particularly for the produc­
tion of refined oil ;
                                                                       The olive oil referred to in Article 1 shall be put up
                                                                       for sale in six lots of about 5 500 tonnes each .
Whereas, in view of the results of earlier invitations to
tender, it seems appropriate to put the oil in question
up for sale by another procedure ; whereas, in order to                                        Article 3
 facilitate sale of a product with special characteristics,
 it should be put up for sale in fairly substantial lots ;             A notice of sale shall be posted by AIMA at its head­
                                                                       quarters, via Palestro 81 , Rome (Italy), not later than
Whereas production of olive oil in the 1980/81                         31 January 1981 .
 marketing year is expected to be plentiful, particularly
 in respect of oils for direct consumption ; whereas                   This notice shall state the lots of oil put up for sale
 steps must be taken to ensure that oils sold by the                   and the place where they are stored .
 intervention agency do not interfere with the normal
 sale of production from the present marketing year ;
                                                                                               Article 4
 whereas, for this purpose, purchasers of the said oils
 should be obliged to refine them or market them                        1 . The selling price for the oil shall be fixed at Lit
 outside the Italian and Greek markets ;
                                                                       210 000 per 100 kilograms.
 Whereas, in order to ensure that the obligations                      2. This price shall relate to 100 kilograms net of oil
 arising either under the application lodged or under                  delivered ex-storage depot, either in the purchaser's
 the contract concluded are complied with , provision                  own drums loaded on a vehicle provided by him or in
 should be made for requiring a security and another                   the purchaser's tank vehicles.
 appropriate guarantee to be provided ;
                                                                                               Article 5
 (')  OJ    No 172, .30 . 9 . 1966, p. 3025/ 66 .
 (J ) OJ    No L 291 , 19 . 11 . 1979 , p . 17 .
 (3 ) OJ    No L 216, 5. 8 . 1978 , p . 1 .                             1 . Applications to purchase shall be submitted in
 («)  OJ    No L 28 , 5. 2. 1980 , p . 1 .                              writing to AIMA. They shall be delivered by hand
 ---pagebreak--- No L 11 / 6                         Official Journal of the European Communities                              13 . 1 . 81
with acknowledgement of receipt, or by registered              purchaser the applicant who submits applications to
letter.                                                        purchase several lots or, where this is impossible, shall
                                                               determine the purchaser by drawing lots.
2.     Applications to purchase shall include at least
the following particulars :                                    2. The day of submission of applications shall be
(a) the name and full postal address of the applicant ;        the day the said application is received by AIMA,
                                                               provided that it is received not later than 2 p.m . hours
(b) the number or numbers of the lot or lots                   local time .
     concerned .
3.      Each application to purchase must relate to all       Any application received on a day other than a
the oil contained in at least one lot .                       working day for AIMA, or on a working day but after
                                                               the time fixed in the above subparagraph, shall be
Applications may not be withdrawn .                            considered    to     have been   submitted on   the    first
                                                              working day following the day on which it was
4. Applications to purchase shall be valid only if             received .
they are accompanied by :
                                                               3.     Prospective purchasers may examine at the
(a) a security of Lit 10 000 per 100 kilograms ;
                                                               storage depot the oil offered for sale and may obtain a
(b) a statement by the applicant waiving any objec­            sample thereof, in containers supplied by them for
     tions to the accuracy of the description under            that purpose, on payment of a price determined on
     which the oil is offered for sale ;                       the basis of the price referred to in Article 4.
(c) an undertaking by the applicant to refine the oil
     purchased or not to market it on the Italian or
     Greek markets .                                                                     Article 7
The Italian administration shall take all necessary            As soon as the sale is concluded, the containers
measures to ensure that the purchaser fulfils the under­       concerned shall be sealed in the presence of both
taking mentioned in paragraph (c) above.                       parties . The containers shall remain sealed until the
                                                               oil is withdrawn by the purchaser.
The security shall be in cash or in the form of a
guarantee issued by an institution satisfying the
criteria laid down by the Member State in which it is                                    Article 8
situated .
The security shall be released if no sale is made to the        1 . The purchaser is required to withdrawn, in each
party concerned. It shall likewise be released when the        period of 30 days, at least 10 % and at most 20 % of
contract of sale is concluded .                                the purchased quantity.
                                                               The withdrawal of the oil shall commence on 15
5. The purchaser shall , at the time the contract of           March 1981 .
sale is concluded, provide a guarantee for AIMA that
the contract will be executed .
                                                               2.     If each lot is not withdrawn within the said time
                                                               limits :
This guarantee shall be equal to the amount payable
by the buyer plus 10 % and shall be given by an insti­         (a) the oil shall remain in storage at the purchaser's
tution satisfying the criteria laid down by the Member              risk ;
State in which it is situated. The guarantee shall be
 released when the purchaser provides proof that the           (b) the purchaser shall pay AIMA a sum for storage
obligations under the contract have been complied                   calculated on the basis of the quantity to be with­
with .                                                              drawn and an amount equal to Lit 1 700 per 100
                                                                    kilograms for each period or part period of 30 days
                                                                    of additional storage .
                         Article 6
 1 . Sales shall commence on the 10th day following                                      Article 9
 posting of the notice of sale . Sales shall be carried out
 in the order of submission of applications to purchase,       The purchaser shall pay AIMA the purchase price for
 until the lots put up for sale are all disposed of.            each lot of oil withdrawn , not later than the end of
                                                                the fifth month following that in which the quantity
 If applications to purchase are submitted on the same          concerned was withdrawn according to the provisions
 day for the same lot, AIMA shall designate as                  of Article 8 ( 1 ).
 ---pagebreak--- 13 . 1 . 81                        Official Journal of the European Communities                           No L 11 /7
                        Article 10                            2. Should the payment for the quantities purchased
                                                              be made after the expiry of the period laid down in
1.      with regard to finance by the Guarantee Section       Article 9, the interest on overdue payment shall be
of the EAGGF, the quantities covered by the sale              charged to the buyer.
referred to in this Regulation shall be considered to
have been withdrawn from intervention,
— in respect of the interest charges referred to in
                                                                                    Article 11
     Article 5 of Regulation (EEC) No 1883/78 , on the
     day of payment,
— in respect of other expenditure and receipts to be          This Regulation shall enter into force on the day of its
     entered in the account, on the day of their with­        publication in the Official Journal of the European
     drawal from intervention .                               Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 12 January 1981 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                   Member of the Commission