CELEX: 31985R0354
Language: en
Date: 1985-02-12 00:00:00
Title: Commission Regulation (EEC) No 354/85 of 8 February 1985 opening a standing invitation to tender for the sale of olive oil held by the Italian intervention agency and repealing Regulation (EEC) No 2672/84

No L 41 /6                              Official Journal of the European Communities                              12. 2. 85
                                     COMMISSION REGULATION (EEC) No 354/85
                                                      of 8 February 1985
               opening a standing invitation to tender (or the sale of olive oil held by the
                    Italian intervention agency and repealing Regulation (EEC) No 2672/84
THE COMMISSION OF THE EUROPEAN                                    Whereas, in view of this same situation, current sales
 COMMUNITIES,                                                     of olive oil for export should be suspended in order to
                                                                  make such oils available for the internal market ;
 Having regard to the Treaty establishing the European            Whereas the measures provided for in this Regulation
Economic Community,                                               are in accordance with the opinion of the Management
                                                                  Committee for Oils and Fats,
Having regard to Council Regulation No 136/66/EEC
of 22 September 1966 on the establishment of a
common organization of the market in oils and fats ('),           HAS ADOPTED THIS REGULATION :
as last amended by Regulation (EEC) No 231 /85 (2),
and in particular Article 12 (4) thereof,
                                                                                          Article 1
Whereas Article 2 of Council Regulation (EEC) No
2754/78 of 23 November 1978 (3) provides that olive               The Italian intervention agency 'Azienda di Stato per
oil held by the intervention agencies shall be put up             gli interventi nel mercato agricolo', hereinafter referred
for sale by tender ;                                              to as 'AIMA', shall open a standing invitation to tender
                                                                  in accordance with the provisions of this Regulation
                                                                  and of Regulation (EEC) No 2960/77 for the sale on
Whereas, pursuant to Article 12 ( 1 ) of Regulation No            the Community market of the following quantities of
136/66/EEC, the Italian intervention agency has, since            olive oil :
the 1975/76 marketing year, bought in large quantities
of olive oil ;                                                    — approximately 6 000 tonnes of fine virgin olive oil,
                                                                  — approximately 1 3 900 tonnes of ordinary olive oil,
Whereas Commission Regulation (EEC) No                            — approximately 1 6 000 tonnes of virgin lampante
                                                                       olive oil,
2960/77 (4), as last amended by Regulation (EEC) No
2041 /83 (*), laid down the conditions for the sale by            — approximately 1 5 000 tonnes of residue oil.
tender on the Community market and for export of
olive oil ; whereas the state of the Italian market in            Unsold quantities from the first tender will be put on
olive oil is at present favourable for the sale of part of        sale at the following tender.
the said oil ; whereas, in order to facilitate the regular
                                                                                          Article 2
supply of the market, the sale should be effected by
means of a standing invitation to tender ;
                                                                  The invitation to tender shall be published on 11
                                                                  February 1985. Particulars of the lots of oil offered for
Whereas in the present situation of the market in                 sale and of the places where they are stored shall be
edible virgin olive oils where supply is very low                 displayed at the central office of AIMA, Via Palestro
compared with demand and in order to provide the                  81 , Rome, Italy.
greatest possible number of operators with a minimum
supply for their immediate needs, it should be stipu­             A copy of the invitation to tender shall be sent
lated for the first two series of tenders that each               without delay to the Commission.
operator may only submit tenders for a maximum
quantity of such oils ; whereas in order to avoid any
misuse of this provision and therefore prevent a                                          Article 3
limited number of operators from monopolizing the
quantities put up for sale, it should be stipulated that          The first series of tenders must reach AIMA, Via
only recognized operators may submit tenders in                   Palestro 81 , Rome, Italy, not later than 2 p.m . (local
response to this invitation ;                                     time) on 21 February 1985.
                                                                  Subsequent series of tenders must be lodged by 2 p.m.
(') OJ No   172, 30 . 9. 1966, p. 3025/66.                        (local time) on :
(2) OJ No   L 26, 31 . 1 . 1985, p. 12.
(3) OJ No   L 331 , 28 . 11 . 1978 , p. 13 .                      — 25 March 1985,
(<) OJ No   L 348 , 30 . 12. 1977, p. 46.
0   OJ No   L 200, 23 . 7. 1983, p. 25.                           — 23 April 1985.
 ---pagebreak---  12. 2. 85                          Official Journal of the European Communities                           No L 41 /7
 For the first and second series of tenders, as regards       names, stating the highest tender received for each lot
ordinary and fine virgin oils, a tender shall be admis­       put up for sale.
sible only if submitted by a natural or legal person
who exercises an activity in the olive oil sector and is                              Article 6
registered as at 31 December 1984 in a public register
of a Member State. Furthermore, for each series and           The minimum selling price shall be fixed, on the basis
quality, no tenderer may submit a tender for a quantity       of the tenders received, not later than the last working
in excess of 300 tonnes .                                     day of the month during which the tenders were
                                                              submitted and in accordance with the procedure set
                         Article 4                            out in Article 38 of Regulation No 136/66/EEC. The
                                                              decision fixing the minimum selling price shall be
 1 . With regard to virgin lampante olive oil, tenders        notified forthwith to the Member State concerned.
shall be submitted for an oil of 5° acidity.
With regard to olive residue oil, tenders shall be                                    Article 7
submitted for an oil of 5° acidity.
                                                              The olive oil shall be sold by AIMA not later than the
2. Where the oil awarded has a different degree of            seventh say of each month following that during
acidity from that for which the tender was submitted,         which the tenders were submitted. AIMA shall supply
the price to be paid shall be equal to the price              the agencies responsible for storage with a list of the
tendered, increased or reduced in accordance with the         lots remaining unsold.
scale below :
A. Virgin lampante olive oil :                                A list of the lots put up for sale and a list of the lots
                                                              remaining unsold from the previous invitations to
    -— up to 5° acidity ;                                     tender shall be displayed at the head office of AIMA
        increase of Lit 4 582 for each degree or fraction ,   not later than the seventh day of each month.
        of degree of acidity below 5° ,
    — above 5° up to 8° acidity :                                                     Article 8
        reduction of Lit 4 582 each degree or fraction
        of degree of acidity above 5° ,                       The security referred to in Article 7 of Regulation
                                                              (EEC) No 2960/77 shall be Lit 13 500 per 100 kilo­
    — above 8° :
                                                              grams.
        additional reduction of Lit 5 012 for each
        degree or fraction of degree above 8° ,                                      Article 9
B. Olive residue oil :
                                                              The storage charge referred to in Article 15 of Regula­
    — above 5° up to 8° acidity :                             tion (EEC) No 2960/77 shall be Lit 3 500 per 100
        reduction of Lit 2 435 for each degree or frac­       kilograms.
        tion of degree of acidity above 5° ,
    — above 8° :                                                                     Article 10
        additional reduction of Lit 2 864 for each
        degree or fraction of degree above 8° .               Regulation (EEC) No 2672/84 is hereby repealed.
                        Article 5                                                    Article 11
Not later than three days after the expiry of each time       This Regulation shall enter into force on the day of its
limit laid down for the submission of tenders, AIMA           publication in the Official Journal of the European
shall send the Commission a list, without mentioning          Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 8 February 1985.
                                                                       For the Commission
                                                                        Frans ANDRIESSEN
                                                                           Vice-President