CELEX: 31982R2984
Language: en
Date: 1982-11-10 00:00:00
Title: Commission Regulation (EEC) No 2984/82 of 9 November 1982 opening a standing invitation to tender for the sale for export of olive oil held by the Greek intervention agency

No L 314/ 16                             Official Journal of the European Communities                            10 . 11 . 82
                                     COMMISSION REGULATION (EEC) No 2984/82
                                                      of 9 November 1982
               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                                     tion were to be exported in bulk to these two coun­
COMMUNITIES,                                                       tries, it might well damage this traditional export
                                                                   trade ; whereas, to guard against this danger, exporta­
Having regard to the Treaty establishing the European              tion in bulk or in immediate containers of a net
Economic Community,                                                content of more than five litres should be allowed only
                                                                   to countries other than the United States of America
Having regard to Council Regulation No 136/66/ EEC                 and Canada ;
of 22 September 1966 on the establishment of a
common organization of the market in oils and fats ('),            Whereas Article 20 of Commission Regulation (EEC)
as last amended by Regulation (EEC) No 141 3/82 (2),               No 2730/79 of 29 November 1979 laying down
and in particular Article 12 (4) thereof,                          common detailed rules for the application of the
                                                                   system of export refunds on agricultural products (J), as
Having regard to Council Regulation (EEC) No 5/81                  last amended by Regulation (EEC) No 202/82 (8),
of 1 January 1981 laying down the general rules for                specifies the evidence required to prove importation
the system of the corrective amount for olive oil (3),             into non-Community countries ;
and in particular Article 7 thereof,
                                                                   Whereas Commission Regulation (EEC) No 2566/79
Whereas Article 2 of Council Regulation (EEC) No                   of 15 November 1979 on the country nomenclature
2754/78 (4) provides that olive oil held by the interven­          for the external trade statistics of the Community and
tion agencies is to be put up for sale by tender ;                 statistics of trade between Member States (9) lists the
                                                                   non-member countries of Europe, Africa and the Near
Whereas, pursuant to Article 12 ( 1 ) of Regulation No             and Middle East ;
 136/66/EEC, the Greek intervention agency has
bought in, since the 1980/81 marketing year, large                 Whereas the measures provided for in this Regulation
quantities of olive oil ;                                          are in accordance with the opinion of the Management
                                                                   Committee for Oils and Fats,
Whereas Commission Regulation (EEC) No
2960/77 (*), as last amended by Regulation (EEC) No
 1852/82 (6), laid down the conditions for the sale by             HAS ADOPTED THIS REGULATION :
tender of olive oil for the Community market and for
export ; whereas at the present time there exist oppor­
tunities for exporting edible virgin olive oil ; whereas,                                   Article 1
therefore, the said oil should be put up for sale under a
standing invitation to tender ;
                                                                    1 . The Greek intervention agency 'Ypiresia Diachi­
                                                                   riseos Agoron Georgikon Proionton', hereinafter
Whereas the minimum selling price is so fixed that
the Community operators enjoy equal conditions of
                                                                   referred to as 'Ydagep', shall open a standing invitation
                                                                   to tender in accordance with the provisions of this
competition with operators in non-member countries ;               Regulation and of Regulation (EEC) No 2960/77 for
whereas, accordingly, oil should under this Regulation             the sale for export of :
qualify neither for the export refund provided for in
Article 20 of Regulation No 136/66/ EEC nor for the                — approximately 10 000 tonnes of fine virgin olive
consumption aid provided for in Article 1 1 of the                      oil from intervention purchases made during the
same Regulation ;                                                       1980/81 and 1981 / 82 marketing years,
                                                                   — approximately 7 500 tonnes of olive residue oil
Whereas there is an established export trade in olive                   from intervention purchases made during the
oil put up in small containers from the Community to                    1980/81 and 1981 /82 marketing years.
the United States of America and to Canada ; whereas
if oil subject of an award by tender under this Regula­            Approximately one-fifth of these quantities will be put
                                                                    on sale each month together with any unsold from the
(>)  OJ No   172, 30 . 9 . 1966, p . 3025/ 66 .                     previous invitations to tender.
(2)  OJ No  L 162, 12. 6 . 1982, p . 6 .
(3)  OJ No  L 1 , 1 . 1 . 1981 , p . 8 .
H    OJ No  L 331 , 28 . 11 . 1978 , p . 13 .                      o OJ No L 317, 12. 12. 1979, p. 1 .
( 5) 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--- 10 . 11 . 82                       Official Journal of the European Communities                         No L 314/ 17
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 9           storage with a list of the lots remaining unsold.
November 1982 .
                                                             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 9-50 ECU per 100 kilo­
                        Article 3
                                                             grams .
The first series of tenders must reach Ydagep, 5
                                                             The security referred to in Article 12 (3) of Regulation
Acharnon Street, Athens, Greece, not later than 2 p.m .      (EEC) No 2960/ 77 shall be 170 ECU per 100 kilo­
(local time) on 23 November 1982.                            grams of olive oil .
Subsequent series of tenders must be lodged by 2 p.m .
on :
                                                             For the purposes of applying the - provisions of Article
                                                              1 (2), the security referred to in the second subpara­
— 17 December 1982,                                          graph of this Article shall not be released in the event
— 21 January 1983 ,                                          of olive oil being exported in bulk or in immediate
— 22 February 1983 ,                                         containers of a net content of more than five litres
— 23 March 1983 .                                            unless proof is provided that the oil was imported into
                                                             a non-member country other than the United States of
                        Article 4                            America or Canada, except in cases where it has been
                                                             destroyed during transport as a result of force majeure
 1.    With regard to olive residue oil, tenders shall be
                                                             or that it has been used for supplies as indicated in
made for an oil of 5° acidity.
                                                             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
Not later than three days after the expiry of each time      the amount of the corrective amount, if the party
limit laid down for the submission of tenders, Ydagep
                                                             concerned does not provide proof that it has not
                                                             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--- No L 314/ 18                   Official Journal of the European Communities                       10 . 11 . 82
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels , 9 November 1982 .
                                                                  For the Commission
                                                                    Poul DALSAGER
                                                              Member of the Commission