CELEX: 31975R2599
Language: en
Date: 1975-10-13 00:00:00
Title: Regulation (EEC) No 2599/75 of the Commission of 13 October 1975 providing for the granting of premiums for the private storage of olive oil

No L 265/ 12                             Official Journal of the European Communities                             14 . 10 . 75
                            REGULATION (EEC) No 2599/75 OF THE COMMISSION
                                                       of 13 October 1975
                 providing for the granting of premiums for the private storage of olive oil
THE COMMISSION OF THE EUROPEAN                                     Whereas storage and interest costs are included both
COMMUNITIES,                                                        in the premium for private storage and in the amount
                                                                   of the monthly increase which is applied to the inter­
Having regard to the Treaty establishing the European              vention price ; whereas, in order to avoid a double
Economic Community ;                                                payment of these costs, provision should be made for
                                                                    holders who present the oil for intervention to repay,
Having regard to Council Regulation No 136/                         up to the amount of the quantity stored, such part of
66/ EEC (') of 22 September 1966 on the establish­                  the premium as corresponds to the said costs ;
ment of a common organization of the market in oils
and fats, as last amended by Regulation (EEC) No                    Whereas in order to take into account trade practices,
1 707/73 (2), and in particular Article 11 (5) thereof ;            allowance should be made for certain margins of varia­
                                                                    tion in the agreed amount ;
Having regard to Council Regulation (EEC) No
1471 /68 (3) of 24 September 1968 on storage contracts              Whereas, to ensure that the quality of certain oils in
for olive oil , and in particular Article 1 thereof ;               storage does not deteriorate, power should be given to
                                                                    renew the stock during the period of validity of the
Whereas      difficulties  have     been      encountered   in      contract ;
marketing certain qualities of olive oil ; whereas in the
last few weeks the price levels of such oil have                    Whereas uniform provisions should be laid down for
dropped considerably ; whereas this downward move­                  payment of the premium ;
ment is likely to continue bearing in mind the foresee­
able trend of demand in the next few months ;                       Whereas to give the Commission an overall view of
                                                                    the effects of the granting of premiums for private
Whereas in these circumstances premiums should be                   storage Member States should transmit the necessary
granted for the private storage of such oil in accor­               information ;
dance with the provisions of Regulation (EEC) No
1471 / 68 ; whereas, in view of the foreseeable market              Whereas the Management Committee for Oils and
trend during the next few months, steps should be                   Fats has not delivered an opinion within the time
taken to ensure that oil from the new harvest is not                limit set by its Chairman,
made the subject of storage contracts ; whereas there­
fore the opportunity to conclude contracts at the end
of the present marketing year should be restricted ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas, in order to ensure that the purpose for
which premiums are granted is achieved, only those
holders of olive oil should be involved who, because                                         Article 1
of their previous activities and experience in the trade,
can ensure that storage will be carried out in a satisfac­          On the basis of applications to be made before 1
tory manner and who have access to adequate facili­                 November 1975, the intervention agencies of
ties ;                                                              producer Member States shall conclude storage
                                                                    contracts with holders of olive oil in accordance with
Whereas the abovementioned imbalance is likely to                   the following conditions .
continue beyond the start of the new marketing year ;
whereas in these circumstances provision should be
made for contracts to have a validity of 90 days and be                                       Article 2
renewable for a further 90 days ;
                                                                    Contracts shall be concluded with natural or legal
Whereas in order to improve the effectiveness of the                 persons who :
system of premiums, contracts should be concluded in
a form which is sufficiently precise to allow for the               (a) are engaged in an activity in the olive oil sector
identification of the product concerned and for the                      and are duly entered in the public register of a
effective inspection of storage operations ;                             producer Member State ; however, if the holder of
                                                                         olive oil is an agricultural producer not entered in
(') OJ No 172, 30 . 9 . 1-966, p. 3025 / 66 .                            a public register, he must furnish a document
(-) OJ No L 175, 29 . 6 . 1973 , p . 5 .                                 proving that he has submitted a request for aid for
(3 ) OJ No L 234, 25. 9 . 1968 , p. 1 .                                  the olive oil for the 1974/75 marketing year ;
 ---pagebreak--- 14 . 10 . 75                          Official Journal of the European Communities                          No L 265/ 13
(b) have access, with a view to storage, to the qualities       4.      Provision shall be   made    in  the contract for
      of olive oil referred to in Article 3 and to suitable     holders, after 1 November 1975, to be able to replace
      facilities therefor ;                                     the oil from the 1974/75 marketing year with olive oil
(c) are in possession, at the date of the application for       of equivalent quantity and quality from the new
                                                                harvest.
      the storage contract, of the quantity of oil in
      respect of which the application is made.
                                                                 5 . For the purpose of this Regulation, a lot shall
                                                                 mean a fixed quantity of olive oil which conforms to
                            Article 3                           one of the qualities referred to in Article 3 .
Only extra, fine, and ordinary virgin olive oil which
                                                                                         Article 6
can be shown to have been produced in the Commu­
nity during the 1974/75 olive oil marketing year shall
be the subject of contracts.                                     1.     No storage contract shall be concluded in
                                                                 respect of a quantity to be stored in one place of less
                                                                 than 5 metric tons net for olive oil of all the qualities
                            Article 4                            referred to in Article 3 .
 1 . The contract shall be concluded for a period, of            2.     The date of commencement of the contract shall
90 days .                                                        be that of the receipt by the intervention agency of
                                                                 the application for the storage contract.
2. The contract referred to in paragraph 1 shall be
automatically renewed for a further period of 90 days
                                                                                         Article 7
if, before the first period has expired, the person
concerned does not request the intervention agency to
terminate the contract.                                          1 . The amount of the premium shall be fixed at 5-5
                                                                 units of account per 100 kilogrammes for the first 90
                                                                 days period . If the contract is renewed the premium
                            Article 5                            to be paid for the following 90 days shall be increased
                                                                 to 6-5 units of account per 100 kilogrammes.
 1 . The contract shall in particular contain the
following information :                                          2. The amount of the premium shall be calculated
                                                                 on the basis of the net weight on the date of
(a) the name and first names or trade name of the                commencement of the contract.
      holder ;
(b)   his fui ) postal address ;
                                                                                         Article 8
(c)   the name and address of the intervention agency ;
(d)   the exact address of the place of storage ;                Subject to the provisions of Article 9, the premium
(e)   the number of lots, the net weight and the quality         shall only be paid when all the obligations of the
                                                                 contract have been satisfied .
      of each one covered by the contract ;
  (f) the agreement of the owner of the oil placed in            The premium shall be paid, after inspection to ensure
      storage if the holder of the oil is not himself the        that the said obligations have been satisfied, within
      owner ;                                                    eight weeks of the expiry of the contract.
(g) the date of commencement of the contract ;
(h) the amount of the premium .                                                          Article 9
 2.     The terms of the contract shall oblige the holder         1 . Save in case of force majeure, if the holder does
to :
                                                                 not satisfy the obligations imposed on him by the
(a) keep in store during the stipulated period the               contract, the premium shall not be paid .
      agreed quantity of the product concerned, any
      consequent loss to be borne by the holder ;                2. In case of force majeure, the competent
                                                                 authority of the producer Member State shall
(b) store oils of different qualities in separate and iden­      determine the measures which it considers necessary
      tifiable tanks ;                                            in the light of the circumstances invoked . Such
(c) allow at all times the intervention agency to check           measures may include in particular payment of the
      that the obligations laid down in the contract are         premium due in proportion to the quantities stored
      being observed ;                                           and to the actual duration of the storage .
 3.     The obligation to respect the quantity indicated         3 . The Member State responsible for the agency
 in the contract shall be deemed to have been satisfied           referred to in paragraph 2 shall inform the Commis­
 if at least 98 % of such quantity has been kept in              sion of any application of this article and the Commis­
storage .                                                        sion shall inform the other Member States thereof.
 ---pagebreak--- No L 265 / 14                      Official Journal of the European Communities                           14 . 10 . 75
                        Article 10                           origin of the oil and the fulfilment of the obligations
1.    The holders of olive oil who :
                                                             arising from the contract.
— have concluded a storage contract, and who                 2.    Member States shall transmit to the Commission
— present, after the expiration of the said contract,        a specimen of the contract as provided for in
                                                             Article 5 .
    the olive oil for intervention during the 1975/76
    marketing year,                                          3.    Member States shall inform the Commission by
shall repay to the intervention agency, in respect of a      telex :
quantity of oilf up to a maximum equal to the quantity
which was the subject of the contract, an amount             — before 20 November 1975, of the quantity and
equal to the difference between the intervention price           quality of olive oil for which contracts have been
valid on the day following the expiry date of the                concluded,
contract and that valid on 1 November 1975 .                 — of any variations relating to the quantities of olive
                                                                 oil stored and of any changes concerning the
2. The provisions of paragraph 1 shall not apply to              storage contracts, within 15 days of such altera­
holders of oil who present for intervention qualities of         tions .
oil which cannot be the subject of private storage
contracts .
                                                                                     Article 12
                        Article 11
                                                             This Regulation shall enter into force on the day
1.    The Member States shall take all the measures          following its publication in the Official Journal of
necessary to ensure the control of the quality and            the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 13 October 1975 .
                                                                         For the Commission
                                                                           P.J. LARDINOIS
                                                                   Member of the Commission