CELEX: 31983R2501
Language: en
Date: 1983-09-07 00:00:00
Title: Commission Regulation (EEC) No 2501/83 of 6 September 1983 opening a standing invitation to tender for the sale for export of olive oil held by the Greek intervention agency

7 . 9 . 83                            Official Journal of the European Communities                           No L 247/ 5
                                   COMMISSION REGULATION (EEC) No 2501 /83
                                                   of 6 September 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
2041 /83 (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 5 000 tonnes of extra virgin oil,
                                                                 — approximately 5 000 tonnes of fine virgin oil,
 Whereas there is an established export trade in olive           — approximately 5 000 tonnes of virgin lampante oil
 oil put up in small containers from the Community to
                                                                 — approximately 5 000 tonnes of ordinary virgin oil,
 (') OJ No 172, 30. 9 . 1966, p. 3025/66.                        — approximately 5 000 tonnes of olive residue oil.
(2) OJ No L 162, 12. 6. 1982, p. 6.
  3  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.
 («) OJ No L 200, 23 . 7. 1983, p. 25.                           H OJ No L 294, 21 . 11 . 1979, p. 5 .
 ---pagebreak--- No L 247/6                         Official Journal of the European Communities                              7. 9 . 83
Unsold quantities from a tender will be put on sale at       B. Olive residue oil :
the following tender.                                             — above 5° up to 8° acidity :
2. The quantities of olive oil awarded shall not be                   reduction of Dr 93 for each degree or fraction
exported in bulk or in immediate containers of a net                  of degree of acidity above 5° ,
content of more than five litres to the United States of          — above 8° :
America or Canada .
                                                                      additional reduction of Dr 113 for each degree
                                                                      or fraction of degree above 8° .
                        Article 2
                                                                                      Article 5
The invitation to tender shall be made public on 9           Not later than three days after the expiry of each time
September 1983 .                                             limit laid down for the submission of tenders, Ydagep
Particulars of the lots of oil offered for sale and the      shall send the Commission a list, without mentioning
                                                             names, stating the highest tender received for each lot
places where they are stored shall be displayed at the       put up for sale .
head office of Ydagep, 5 Acharmon Street, Athens,
Greece .
                                                                                      Article 6
A copy of the invitation to tender referred to above
shall be sent without delay to the Commission .              The minimum selling price shall be fixed, in accor­
                                                             dance with the procedure laid down in Article 38 of
                                                             Regulation . No 136/66/EEC, on the basis of the
                        Article 3                            tenders received, not later than the last working day of
                                                             the month during which the tenders were submitted.
The first series of tenders must reach Ydagep, 5             The decision fixing the minimum selling price shall
                                                             be notified forthwith to the Member State concerned.
Acharnon Street, Athens, Greece, not later than 2 p.m.
(local time) on 23 September 1983 .
                                                                                      Article 7
Subsequent series of tenders must be lodged by 2 p.m.
(local time) on :                                            The olive oil shall be sold by Ydagep not later than
                                                             the seventh day of each month following that during
— 21 October 1983,                                           which the tenders were submitted .
— 23 November 1983 ,
— 16 December 1983 .                                         Ydagep shall supply the agencies responsible for
                                                             storage with a list of the lots remaining unsold.
                        Article 4                            A list of the lots put up for sale and a list of the lots
                                                             remaining unsold from the previous invitations to
 1.    With regard to virgin lampante olive oil, tenders     tender shall be displayed at the head office of Ydagep
shall be submitted for an oil of 5° acidity.                 not later than the seventh day of each month .
With regard to olive residue oil, tenders shall be                                    Article 8
submitted for an oil of 5° acidity.
                                                             The security referred to in Article 7 of Regulation
 2.    Where the oil awarded has a different degree of       (EEC) No 2960/77 shall be 9,50 ECU per 100 kilo­
 acidity from that for which the tender was submitted,       grams .
 the price to be paid shall be equal to the price
 tendered, increased or reduced in accordance with the       The security referred to in Article 12 (3) of Regulation
 scale below :                                                (EEC) No 2960/77 shall be 170 ECU per 100 kilo­
                                                              grams of olive oil, extra, and 120 ECU per 100 kilo­
 A. Virgin lampante olive oil :                               grams of olive residue oil .
     — up to 5° acidity :                                     For the purposes of applying the provisions of Article
         increase of Dr 160 for each degree or fraction       1 (2), the security referred to in the second paragraph
         of degree of acidity below 5° ,                      of this Article shall not be released in the event of
                                                              olive oil being exported in bulk or in immediate
     — above 5° up to 8° acidity :                            containers of a net content of more than five litres
         reduction of Dr 160 for each degree or fraction      unless proof is provided that the oil was imported into
         of degree of acidity above 5° ,                      a non-member country other than the United States of
                                                              America or Canada, except in cases where it has been
     — above 8° :
                                                              destroyed during transport as a result of force majeure
         additional reduction of Dr 213 for each degree       or that it has been used for supplies as indicated in
         or fraction of degree above 8° .                     Article 5 of Regulation (EEC) No 2730/79 .
 ---pagebreak--- 7 . 9 . 83                        Official Journal of the European Communities                         No L 247/7
The Member States may, however, exempt the exporter         concerned does not provide proof that it has not
from producing the documentary evidence, other than         received such amount.
the transport document, specified in Article 20 of
Regulation (EEC) No 2730/79 , in the case of a trans­                              Article 9
action where there is reasonable certainty of arrival at
destination of products for which a declaration of          The storage charge provided for in Article 1 5 of Regu­
export to a non-member country in Europe, Africa, or        lation (EEC) No 2960/77 shall be Dr 150 per 100 kilo­
the Near or Middle East, listed in Regulation (EEC)         grams.
No 2566/79, was made.
                                                                                  Article 10
In the case of export of oil in containers of a net
content not exceeding five litres, the security referred    This Regulation shall enter into force on the day of its
to in the second paragraph shall be forfeit up to the       publication in the Official Journal of the European
amount of the corrective amount, if the party               Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 6 September 1983 .
                                                                     For the Commission
                                                                       Poul DALSAGER
                                                                 Member of the Commission