CELEX: 31988R0945
Language: en
Date: 1988-04-09 00:00:00
Title: Commission Regulation (EEC) No 945/88 of 8 April 1988 opening an invitation to tender for the sale for export to Tunisia of olive-residue oil held by the Italian intervention agency

No L 92/36                                 Official Journal of the European Communities                                     9 . 4. 88
                                       COMMISSION REGULATION (EEC) No 945/88
                                                           of 8 April 1988
                  opening an invitation to tender for the sale for export to Tunisia of olive-residue
                                           oil held by the Italian intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          required to prove importation into non-Community
                                                                     countries ;
Having regard to the Treaty establishing the European                Whereas the measures provided for in this Regulation are
Economic Community,                                                  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 ('), as last             HAS ADOPTED THIS REGULATION :
amended by Regulation (EEC) No 3994/87 (2), and in
particular Article 12 (4) thereof,
                                                                                                Article 1
Whereas Article 2 (1 ) of Council Regulation (EEC) No                 1.    The Italian intervention agency Azienda di Stato per
2754/78 (3) provides that olive oil held by the intervention         gli interventi nel mercato agricolo', hereinafter referred to
agencies is to be put up for sale by tender ;                        as 'AIMA', shall open an invitation to tender in
                                                                     accordance with the provisions of this Regulation and of
                                                                     Regulation (EEC) No 2960/77 for the sale for export of
Whereas, pursuant to Article 12 (1 ) of Regulation No                approximately 1 000 tonnes of olive-residue oil, with on
136/66/EEC, the Italian intervention agency has bought               acidity of not less than 15° .
in large quantities of olive-residue oil ;                     ,
                                                                      2. The quantities of olive-residue oil awarded shall be
Whereas Commission Regulation (EEC) No 2960/77 (4),                   intended for export to Tunisia.
as last amended by Regulation (EEC) No 3818/85 (*), laid              3.     By way of derogation from Article 1 (2) of
down the conditions for the sale by tender of olive oil ;             Regulation (EEC) No 2960/77 this oil must be exported
whereas at the present time there exist opportunities for            without further processing.
exporting olive-residue oil of high acidity to Tunisia ;
                                                                                                 Article 2
Whereas, in order to avoid any export problem, it shall be
precisely stated on the package of the product to be                 The invitation to tender shall be made public on 8 April
exported in one of the denominations set out in the                   1988 .
Annex to Regulation No 136/66/EEC ;
                                                                      Particulars of the lots of oil offered for sale and the places
Whereas the minimum selling price is so fixed that the                where they are stored shall be displayed at the head office
Community operators enjoy equal conditions of                         of AIMA, via Palestro 81 , Rome, Italy.
competition with operators in non-member countries ;                  A copy of the invitation to tender referred to above shall
whereas, accordingly, oil should under this Regulation                be sent without delay to the Commission.
qualify neither for the export refund provided for in
Article 20 of Regulation No 136/66/EEC nor for the
consumption aid provided for in Article 11 of the same                                           Article 3
Regulation ;
                                                                      The tenders must reach AIMA, via Palestro 81 , Rome,
                                                                      Italy, not later than 2 p.m. (local time) on 21 April 1988 .
Whereas Article 20 of Commission Regulation (EEC) No
2730/79 of 29 November 1979 laying down common
detailed rules for the application of the system of export                                       Article 4
refunds on agricultural products (6), as last amended by
Regulation (EEC) No 1 1 80/87 Q, specifies the evidence                1.    Tenders shall be made for an olive-residue oil of 1 5°
                                                                      acidity.
(') OJ No 172, 30. 9. 1966, p. 3025/66.
(2) OJ No L 377, 31 . 12. 1987, p. 31 .                               2. Where the oil awarded has a different degree of
0   OJ  No L  331 , 28 . 11 . 1978, p. 13.                            acidity from that for which this tender was submitted, the
(4) OJ  No L  348,  30.  12. 1977, p. 46.                             price to be paid shall be equal to the price tendered,
0   OJ  No L  368,  31 . 12. 1985, p. 20.                             reduced by Lit 3 226 for each degree or fraction of a
(«) OJ  No L  317,  12.  12. 1979, p. 1 .
0   OJ  No L  113,  30.  4. 1987, p. 27.                              degree above 15° .
 ---pagebreak--- 9 . 4. 88                             Official Journal of the European Communities                              No L 92/37
                          Article 5                             The security referred to in Article 12 (3) of Regulation
                                                                (EEC) No 2960/77 shall be Lit 110 000 per 100 kilograms
Not later than three days after the expiry of the time limit    of olive-residue oil .
laid down for the submission of tenders, AIMA shall send
the Commission a list, without mentioning names, stating        2. For the purposes of applying the provisions of
the highest tender received for each lot put up for sale.       Article 1 (2), the security referred to in paragraph 1 ,
                                                                second subparagraph of this Article shall not be released
                          Article 6                             unless proof is provided that the oil was imported in
                                                                Tunisia, except in cases where it has been destroyed
The minimum selling price per 100 kilogams of oil shall         during transport as a result of force majeure.
be fixed, in accordance with the procedure laid down in         3. The Member States may, however, exempt the
Article 38 of Regulation No 136/66/EEC, on the basis of         exporter from producing the documentary evidence, other
the tenders received, not later than the tenth working day      than the transport document specified in Article 20 of
after the expiry of the final date laid down for the            Regulation (EEC) No 2730/79 in the case of a transaction
submission of tenders. The decision fixing the minimum          where there is reasonable certainty of arrival at destination
selling price shall be notified forthwith to the Member
State concerned.                                                of products for which a declaration of export to the
                                                                country referred to in paragraph 2 of this Article was
                                                                made.
                          Article 7
                                                                                         Article 9
The olive oil shall be sold by AIMA not later than the
fifth working day after the date of notification of the         The storage charge provided for in Article 15 of
decision referred to in Article 6. AIMA will communicate
                                                                Regulation (EEC) No 2960/77 shall be Lit 4 000 per 100
to the Intervention Agencies the list of the lots which         kilograms.
have not been awarded.
                                                                                        Article 10
                          Article 8
                                                                This Regulation shall enter into force on the day of its
1 . The security referred to in Article 7 of Regulation         publication in the Official Journal of the European
(EEC) No 2960/77 shall be Lit 30 000 per 100 kilograms.          Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 8 April 1988.
                                                                         For the Commission
                                                                          Frans ANDRIESSEN
                                                                             Vice-President