CELEX: 31982R2983
Language: en
Date: 1982-11-10 00:00:00
Title: Commission Regulation (EEC) No 2983/82 of 9 November 1982 opening a standing invitation to tender for the sale for export of olive oil held by the Italian intervention agency

10 . 11 . 82                              Official Journal of the European Communities                         No L 314/ 13
                                         COMMISSION REGULATION (EEC) No 2 983/82
                                                         of 9 November 1982
                 opening a standing invitation to tender for the sale for export of olive oil held by
                                                   the Italian intervention agency
 THE COMMISSION OF THE EUROPEAN                                        tion in bulk or in immediate containers of a net
 COMMUNITIES,                                                         content of more than five litres should be allowed only
                                                                       to countries other than the United States of America
  Having regard to the Treaty establishing the European               and Canada ;
  Economic Community,
                                                                      Whereas Article 20 of Commission Regulation (EEC)
  Having regard to Council Regulation No 136/66/EEC                    No 2730/79 of 29 November 1979 laying down
 of 22 September 1966 on the establishment of a                       common detailed rules for the application of the
 common organization of the market in oils and fats ('),              system of export refunds on agricultural products f), as
 as last amended by Regulation (EEC) No 1413/82 (2),                  last amended by Regulation (EEC) No 2646/81 (8),
 and in particular Article 12 (4) thereof,                            specifies the evidence required to prove importation
  Having regard to Council Regulation (EEC) No 5/81                   into non-Community countries ;
  of 1 January 1981 laying down the general rules for
 the system of the corrective amount for olive oil (3),               Whereas Commission Regulation (EEC) No 2566/79
                                                                      of 15 November 1979 on the country nomenclature
 and in particular Article 7 thereof,
                                                                      for the external trade statistics of the Community and
 Whereas Article 2 of Council Regulation (EEC) No                     statistics of trade between Member States (9) lists the
 2754/78 (4) provides that olive oil held by the interven­            non-member countries of Europe, Africa and the Near
 tion agencies is to be put up for sale by tender ;                   and Middle East ;
 Whereas, pursuant to Article 12 ( I ) of Regulation No               Whereas the measures provided for in this Regulation
  136/66/ EEC, the Italian intervention agency has                    are in accordance with the opinion of the Management
 bought in, since the 1975/76 marketing year, large                   Committee for Oils and Fats,
 quantities of olive oil ;
 Whereas Commission Regulation (EEC) No                               HAS ADOPTED THIS REGULATION :
 2960/77 (s), as last amended by Regulation (EEC) No
  1852/82 (6), laid down the conditions for the sale by
 tender of olive oil for the Community market and for                                         Article 1
 export ; whereas at the present time there exist oppor­
 tunities for exporting edible virgin olive oil ; whereas,             1 . The Italian intervention agency 'Azienda di Stato
 therefore, the said oil should be put up for sale under a            per gli interventi nel mercato agricolo', hereinafter
 standing invitation to tender ;                                      referred to as 'AIMA', shall open a standing invitation
                                                                      to tender in accordance with the provisions of this
 Whereas the minimum selling price is so fixed that                   Regulation and of Regulation (EEC) No 2960/77 for
 the Community operators enjoy equal conditions of                    the sale for export of :
 competition with operators in non-member countries ;                 — approximately 1 0 000 tonnes of fine virgin olive
 whereas, accordingly, oil should under this Regulation                    oil from intervention purchases made during the
 qualify neither for the export refund provided for in                     1980/ 81 and 1981 / 82 marketing years,
 Article 20 of Regulation No 136/66/ EEC nor for the
 consumption aid provided for in Article ] ] of the                   — approximately 7 500 tonnes of olive residue oil
 same Regulation ;                                                         from intervention purchases made during the
                                                                           1980/81 and 1981 / 82 marketing years,
 Whereas there is an established export trade in olive
 oil put up in small containers from the Community to                 Approximately one-fifth of these quantities will be put
 the United States of America and to Canada ; whereas                 on sale each month together with any unsold quanti­
 if oil subject of an award by tender under this Regula­              ties from the previous invitations to tender.
 tion were to be exported in bulk to these two coun­
 tries, it might well damage this traditional export                  2 . The quantities of olive oil awarded shall not be
 trade ; whereas, to guard against this danger, exporta­              exported in bulk or in immediate containers of a net
                                                                      content of more than five litres to the United States of
(')   OJ No   172, 30 . 9 . 1966, p . 3025/66 .                       America or Canada .
(2)   OJ No   L 162, 12 . 6 . 1982, p . 6 .
(3)   OJ No   L 1 , 1 . 1 . 1981 , p . 8 .
(")   OJ No   L 331 , 28 . II . 1978 , p . 13 .                       O OJ No L 317, 12. 12. 1979, p. 1 .
0     OJ No   L 348 , 30 . 12 . 1977, p . 46 .                        (8) OJ No L 259, 12. 9 . 1981 , p. 10 .
(fc ) OJ No   L 203, 10 . 7 . 1982, p . 17 .                          O OJ No L 294, 21 . 11 . 1979 , p . 5 .
 ---pagebreak--- No L 314/ 14                        Official Journal of the European Communities                            10 . 11 . 82
                        Article 2                                                     Article 7
The invitation to tender shall be made public on 9            The olive oil shall be sold by AIMA not later than the
November 1982 .                                               seventh day of each month following that during
                                                              which the tenders were submitted .
Particulars of the lots of oil offered for sale and the
places where they are stored shall be displayed at the        AIMA shall supply the agencies responsible for storage
head office of AIMA, via Palestro 81 , Rome, Italy.           with a list of the lots remaining unsold.
A copy of the invitation to tender referred to above          A list of the lots put up for sale and a list of the lots
shall be sent without delay to the Commission .               remaining unsold from the previous invitations to
                                                              tender shall be displayed at the head office of AIMA
                                                              not later than the seventh day of each month .
                         Article 3
                                                                                      Article 8
The first series of tenders must reach AIMA, via
Palestro 81 , Rome, Italy, not later than 2 p.m . (local      The security referred to in Article 7 of Regulation
time) on 23 November 1982.                                    (EEC) No 2960/77 shall be 9-50 ECU per 100 kilo­
                                                              grams .
Subsequent series of tenders must be lodged by 2 p.m .
on :                                                          The security referred to in Article 12 (3) of Regulation
— 17 December 1982,
                                                              (EEC) No 2960/77 shall be 170 ECU per 100 kilo­
                                                              grams of olive oil .
— 21 January 1983 ,
— 22 February 1983 ,                                          For the purposes of applying the provisions of Article
                                                              1 (2), the security referred to in the second subpara­
— 23 March 1983 .
                                                              graph of this Article shall not be released in the event
                                                              of olive oil being exported in bulk or in immediate
                        Article 4                             containers of a net content of more than five litres
                                                              unless proof is provided that the oil was imported into
 1.    With regard to olive residue oil, tenders shall be     a non-member country other than the United States of
made for an oil of 5° acidity.                                America or Canada, except in cases where it has been
                                                              destroyed during transport as a result of force majeure
2. Where the oil awarded has a different degree of            or that it has been used for supplies as indicated in
acidity from that for which the tender was submitted,         Article 5 of Regulation (EEC) No 2730/79 .
the price to be paid shall be equal to the price
tendered, reduced in accordance with the scale below :        The Member States may, however, exempt the exporter
                                                              from producing the documentary evidence, other than
— above 5° up to 8° acidity :                                 the transport document, specified in Article 20 of
     reduction of Lit 1 805 for each degree or fraction       Regulation (EEC) No 2730/79 , in the case of a trans­
     of degree of acidity above 5° ,                          action where there is reasonable certainty of arrival at
                                                              destination of products for which a declaration of
— above 8      :
                                                              export to a non-member country in Europe, Africa, or
     additional reduction of Lit 2 191 for each degree or     the Near or Middle East, listed in Regulation (EEC)
     fraction of degree above 8° .                            No 2566/79 , was made .
                                                              In the case of export of oil in bulk, the security
                        Article 5                             referred to in the second subparagraph shall be forfeit
                                                              up to the amount of the corrective amount applicable
Not later than three days after the expiry of each time       in trade between Greece and the other Member States,
limit laid down for the submission of tenders, AIMA           if the party concerned does not provide proof that it
shall send the Commission a list, without mentioning          has not received such amount .
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 Lit 3 500 per 100
The minimum selling price shall be fixed, in accor­           kilograms .
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--- 10 . 11 . 82                    Official Journal of the European Communities                      No L 314/ 15
             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