CELEX: 31984R0979
Language: en
Date: 1984-04-11 00:00:00
Title: Commission Regulation (EEC) No 979/84 of 9 April 1984 opening a standing invitation to tender for the sale for export of olive oil held by the Italian intervention agency

11 . 4. 84                             Official Journal of the European Communities                           No L 99/ 13
                                     COMMISSION REGULATION (EEC) No 979/84
                                                        of 9 April 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                                    consumption aid provided for in Article 11 of the
COMMUNITIES,                                                      same Regulation ;
Having regard to the Treaty establishing the European             Whereas there is an established export trade in olive
Economic Community,                                                oil put up in small containers from the Community to
                                                                  the United States of America and to Canada ; whereas
                                                                   if oil subject of an award by tender under this Regula­
Having regard to Council Regulation No 136/66/EEC
of 22 September 1966 on the establishment of a                     tion were to be exported in bulk to these two coun­
                                                                   tries, it might well damage this traditional export
common organization of the market in oils and fats ('),            trade ; whereas, to guard against this danger, exporta­
as last amended by Regulation (EEC) No 1413/82 (2),                tion in bulk or in immediate containers of a net
and in particular Article 12 (4) thereof,
                                                                   content of more than five litres should be allowed only
                                                                   to countries other than the United States of America
Having regard to Council Regulation (EEC) No 5/81                  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 I7), 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 2 566/79
bought in, since the 1975/76 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 (') lists the
Whereas Commission Regulation (EEC) No                             non-member countries of Europe, Africa and the Near
2960/77 (*), as last amended by Regulation (EEC) No                and Middle East ;
2041 /83 (6), 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                                    Article 1
exported one of the denominations set out in the
Annex to Regulation No 136/66/EEC ;                                 1 . The Italian intervention agency 'Azienda di Stato
                                                                   per gli interventi nel mercato agricolo', hereinafter
Whereas the minimum selling price is so fixed that                  referred to as 'AIMA', shall open an invitation to
the Community operators enjoy equal conditions of                  tender in accordance with the provisions of this Regu­
competition with operators in non-member countries ;                lation and of Regulation (EEC) No 2960/77 for the.
whereas, accordingly, oil should under this Regulation              sale for export of :
qualify neither for the export refund provided for in              — approximately 5 000 tonnes of olive residue oil.
Article 20 of Regulation No 136/66/EEC nor for the
                                                                    Unsold quantities from a tender will be put on sale at
(') OJ  No   172, 30. 9. 1966, p. 3025/66.                          the following tender.
(2) OJ  No   L 162, 12. 6. 1982, p. 6.
O   OJ  No   L 1 , 1 . 1981 , p. 8 .
(<) OJ  No   L 331 , 28. 11 . 1978, p. 13.                          0 OJ No L 317, 12. 12. 1979, p. 1 .
O   OJ  No   L 348, 30. 12. 1977, p. 46.                            H OJ No L 58, 5. 3. 1983, p. 5.
(«) OJ No L 200, 23 . 7. 1983, p. 25 .                              O OJ No L 294, 21 . 11 . 1979, p . 5.
 ---pagebreak---  No L 99/ 14                       Official Journal of the European Communities                              11 . 4. 84
2. The quantities of olive oil awarded shall not be           — above 10      :
exported to the United States of America or Canada.               a reduction of Lit 2 682 for each degree or fraction
                                                                  of a degree above 10° .
3. By derogation of the dispositions of Article 1 of
Regulation (EEC) No 2960/77, the oil awarded must
be exported within four months of the sale, having                                    Article J
been refined and made edible. The amount effectively
 exported shall be determined by applying to the              Not later than three days after the expiry of each time
amount withdrawn the formula set out at Article 17            limit laid down for the submission of tenders, AIMA
 1 (b) of Regulation (EEC) No 2960/77.                        shall send the Commission a list, without mentioning
                                                              names, stating the highest tender received for each lot
4. According to the dispositions of Article 35 of             put up for sale.
Regulation No 136/66/EEC, if the oil awarded is
exported in bulk, the immediate packaging must state                                 Article 6
one of the denominations set out in points 5 and 6 of
 the Annex to the said Regulation.
                                                             The minimum seiling 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 2
                                                             tenders received, not later than the last working day of
                                                             the month during which the tenders were submitted.
The invitation to tender shall be made public on 11          The decision fixing the minimum selling price shall
April 1984.                                                  be notified forthwith to the Member State concerned.
Particulars of the lots of oil offered for sale and the
                                                                                     Article 7
places where they are stored shall be displayed at the
head office of AIMA, via Palestro 81 , Rome, Italy.
                                                             The olive oil shall be sold by AIMA not later than the
A copy of the invitation to tender referred to above         seventh day of each month following that during
                                                             which the tenders were submitted.
shall be sent without delay to the Commission.
                                                             AIMA shall supply the agencies responsible for storage
                                                             with a list of the lots remaining unsold and shall
                        Article 3
                                                             display it at their head office not later than 7 May
                                                             1984.
The first series of tenders must reach AIMA, via
Palestro 81 , Rome, Italy, not later than 2 p.m. (local
time) on 24 April 1984.                                                              Article 8
The second series of tenders must be lodged by 2 p.m.        The security referred to in Article 7 of Regulation
(local time) on 23 May 1984.                                 (EEC) No 2960/77 shall be Lit 13 000 per 100 kilo­
                                                             grams.
                        Article 4
                                                             The security referred to in Article 12 (3) of Regulation
                                                             (EEC) No 2960/77 shall be Lit 138 000 per 100 kilo­
                                                             grams of olive residue oil.
1.    Tenders shall be made for an olive residue oil of
10 ° acidity.                                                For the purposes of applying the provisions of Article
                                                             1 (2), the security referred to in the second subpara­
2. Where the oil awarded has a different degree of           graph of this Article shall not be released unless proof
acidity from that for which the tender was submitted,        is provided that the oil was imported into a non­
the price to be paid shall be equal to the price             member country other than the United States of
tendered, increased or reduced in accordance with the        America or Canada, except in cases where it has been
scale below :                                                destroyed during transport as a result of force majeure,
                                                             or that it has been used for supplies as indicated in
Olive residue oil :                                          Article 5 of Regulation (EEC) No 2730/79.
— below 10° down to 8° acidity :
    an increase of Lit 2 682 for each degree or fraction     The Member States may, however, exempt the exporter
    of a degree of acidity below 10° ,                       from producing the documentary evidence, other than
— below 8 ° :
                                                             the transport document, specified in Article 20 of
                                                             Regulation (EEC) No 2730/79, in the case of a trans­
    an additional increase of Lit 2 280 for each degree      action where there is reasonable certainty of arrival at
    or fraction of a degree below 8 ° ,                      destination of products for which a declaration of
 ---pagebreak--- 11 . 4. 84                       Official Journal of the European Communities                          No L 99/ 15
export to a non-member country in Europe, Africa, or                               Article 9
the Near or Middle East, listed in Regulation (EEC)
No 2566/79 , was made.                                      The storage charge provided for in Article 1 5 of Regu­
                                                            lation (EEC) No 2960/77 shall be Lit 3 500 per 100
                                                            kilograms.
In the case of export of oil in bulk, the security
referred to in the second subparagraph shall be forfeit                           Article 10
up to the amount of the corrective amount applicable
in trade between Greece and the other Member States,        This Regulation shall enter into force on the day of its
if the party concerned does not provide proof that it       publication in the Official Journal of the European
has not received such amount.                               Communities.
              This Regulation shall be binding m its entirety and directly applicable in all Member
              States .
              Done at Brussels, 9 April 1984.
                                                                     tor the Commission
                                                                       Poul DALSAGER
                                                                 Member of the Commission