CELEX: 31983R1188
Language: en
Date: 1983-05-19 00:00:00
Title: Commission Regulation (EEC) No 1188/83 of 18 May 1983 opening a standing invitation to tender for the sale for export of olive oil held by the Greek intervention agency

19 . 5 . 83                          Official Journal of the European Communities                          No L 129/27
                                  COMMISSION REGULATION (EEC) No 1188/83
                                                     of 18 May 1983
               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 1413/82 (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 the corrective amount for olive oil (3),          specifies the evidence required to prove importation
and in particular Article 7 thereof,                            into non-Community countries ;
Whereas Article 2 of Council Regulation (EEC) No               Whereas Commission Regulation (EEC) No 2566/79
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
 1 852/82 (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          HAS ADOPTED THIS REGULATION :
 tunities for exporting edible oil ; whereas, 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               1.    The Greek intervention agency 'Ypiresia Diachi­
 the Community operators enjoy equal conditions of               riseos Agoron Georgikon Proionton', hereinafter
 competition with operators in non-member countries ;            referred to as 'Ydagep', shall open a standing invitation
 whereas, accordingly, oil should under this Regulation          to tender in accordance with the provisions of this
 qualify neither for the export refund provided for in           Regulation and of Regulation (EEC) No 2960/77 for
 Article 20 of Regulation No 136/66/EEC nor for the              the sale for export of :
 consumption aid provided for in Article 11 of the
 same Regulation ;                                               — approximately 3 000 tonnes of extra virgin oil,
                                                                 — approximately 4 500 tonnes of fine virgin oil,
 Whereas there is an established export trade in olive           — approximately 6 000 tonnes of olive residue oil.
 oil put up in small containers from the Community to
                                                                 Unsold quantities from a tender will be put on sale at
 (') OJ No 172, 30. 9 . 1966, p. 3025/66.                        the following tender.
 (*) OJ No L 162, 12. 6. 1982, p. 6.
 h) 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 .
 0 OJ No L 348, 30. 12. 1977, p. 46.                             (8) OJ No L 21 , 29. 1 . 1982, p. 23.
  (6) OJ No L 203, 10 . 7. 1982, p. 17.                          0 OJ No L 294, 21 . 11 . 1979, p. 5.
 ---pagebreak--- No L 129/28                        Official Journal of the European Communities                             19 . 5 . 83
2. The quantities of olive oil awarded shall not be                                  Article 7
exported in bulk or in immediate containers of a net
content of more than five litres to the United States of     The olive oil shall be sold by Ydagep not later than
America or Canada .                                          the seventh day of each month following that during
                                                             which the tenders were submitted.
                       Article 2
                                                             Ydagep shall supply the agencies responsible for
The invitation to tender shall be made public on 20          storage with a list of the lot? remaining unsold.
May 1983.                                                    A list of the lots put up for sale and a list of the lots
Particulars of the lots of oil offered for sale and the      remaining unsold from the previous invitations to
places where they are stored shall be displayed at the       tender shall be displayed at the head office of Ydagep
head office of Ydagep, 5 Acharnon Street, Athens,            not later than the seventh day of each month .
Greece .
                                                                                     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 Dr 632 per 100 kilograms.
                       Article 3
                                                             The security referred to in Article 12 (3) of Regulation
The first series of tenders must reach Ydagep, 5             (EEC) No 2960/77 shall be Dr 11 310 per 100 kilo­
Acharnon Street, Athens, Greece, not later than 2 p.m.       grams of olive oil.
(local time) on 10 June 1983.
                                                             For the purposes of applying the provisions of Article
Subsequent series of tenders must be lodged by 2 p.m .       1 (2), the security referred to in the second subpara­
(local time) on :                                            graph of this Article shall not be released in the event
— 23 June 1983,                                              of olive oil being exported in bulk or in immediate
— 21 July 1983 .                                             containers of a net content of more than five litres
                                                             unless proof is provided that the oil was imported into
                       Article 4                             a non-member country other than the United States of
                                                             America or Canada, except in cases where it has been
1 . With regard to olive residue oil, tenders shall be       destroyed during transport as a result of force majeure
made for an oil of 5° acidity.                               or that it has been used for supplies as indicated in
                                                             Article 5 of Regulation (EEC) No 2730/79.
2. Where the oil awarded has a different degree of
acidity from that for which the tender was submitted,        The Member States may, however, exempt the exporter
the price to be paid shall be equal to the price             from producing the documentary evidence, other than
tendered, reduced in accordance with the scale below :       the transport document, specified in Article 20 of
                                                             Regulation (EEC) No 2730/79, in the case of a trans­
— above 5° up to 8° acidity :
                                                             action where there is reasonable certainty of arrival at
    reduction of Dr 93 for each degree or fraction of        destination of products for which a declaration of
    degree of acidity above 5° ,                             export to a non-member country in Europe, Africa, or
— above 8° :                                                 the Near or Middle East, listed in Regulation (EEC)
                                                             No 2566/79 , was made.
    additional reduction of Dr 113 for each degree or
    fraction of degree above 8° .                            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 corrective amount, if the party
Not later than three days after the expiry of each time
                                                             concerned does not provide proof that it has not
limit laid down for the submission of tenders, Ydagep        received such amount.
shall send the Commission a list, without mentioning
names, stating the highest tender received for each lot
put up for sale.                                                                     Article 9
                        Article 6
                                                             The storage charge provided for in Article 1 5 of Regu­
                                                             lation (EEC) No 2960/77 shall be Dr 150 per 100 kilo­
The minimum selling price shall be fixed, in accor­          grams.
dance with the procedure laid down in Article 38 of
Regulation No 136/66/EEC, on the basis of the                                       Article 10
tenders received, not later than the last working day of
the month during which the tenders were submitted.           This Regulation shall enter into force on the day of its
The decision fixing the minimum selling price shall          publication in the Official Journal of the European
be notified forthwith to the Member State concerned .         Communities.
 ---pagebreak--- 19 . 5 . 83                    Official Journal of the European Communities                      No L 129/29
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 18 May 1983 .
                                                                   For the Commission
                                                                     Poul DALSAGER
                                                               Member of the Commission