CELEX: 31977R2375
Language: en
Date: 1977-10-28 00:00:00
Title: Commission Regulation (EEC) No 2375/77 of 28 October 1977 amending Regulation (EEC) No 1226/77 laying down rules for the sale of olive oil held by the intervention agencies and Regulation (EEC) No 1687/76 laying down common detailed rules for verifying the use and/or destination of products from intervention

29 . 10 . 77                              Official Journal of the European Communities                           No L 277/29
                                       COMMISSION REGULATION ( EEC) No 2375 /77
                                                          of 28 October 1977
                amending Regulation (EEC) No 1226/77 laying down rules for the sale of olive
                oil held by the intervention agencies and Regulation (EEC) No 1687/76 laying
                down common detailed rules for verifying the use and/or destination of
                                                      products from intervention
 THE COMMISSION OF THE EUROPEAN                                        Whereas olive oil thus exported is in a situation
 COMMUNITIES,                                                          comparable to that of oil having qualified for an
                                                                       export refund ; whereas such oil may therefore not be
  Having regard to the Treaty establishing the European                re-imported into the Community under the condi­
 Economic Community,                                                   tions set out in Article 3 ( 1 ) of Council Regulation
                                                                       (EEC) No 754/76 of 25 March 1976 on the customs
                                                                       treatment applicable to goods returned to the customs
 Having regard to Council Regulation No 136/66/EEC                     territory of the Community (6) ;
 of 22 September 1966 on the establishment of a
 common organization of the market in oils and                         Whereas oils in respect of which contracts have been
 fats ('), as last amended by Regulation (EEC) No                      awarded for export must be governed by Commission
  1 707/73 (2), and in particular Article 11 (5) thereof,
                                                                       Regulation (EEC) No 1687/76 of 30 June 1976 laying
                                                                       down common detailed rules for verifying the use
 Having regard to Council Regulation No 171 /67/EEC                    and/or destination of products from intervention (7), as
 of 27 June 1967 on export refunds and levies on olive                 last amended by Regulation (EEC) No 231 1 /77 (8) ;
 oil (3), as last amended by Regulation (EEC) No                       whereas the Annex to that Regulation should there­
 2429/72 (4), and in particular Article 1 1 thereof,                   fore be supplemented accordingly ;
 Whereas Commission Regulation (EEC) No 1226/77                        Whereas the measures provided for in this Regulation
 of 8 June 1977 laying down rules for the sale of olive                are in accordance with the opinion of the Manage­
 oil held by the intervention agencies (5) specified the               ment Committee for Oils and Fats,
 conditions for the sale by tender on the Community
 market of oil held by the intervention agencies ;
                                                                       HAS ADOPTED THIS REGULATION :
Whereas Regulation (EEC) No 1226/77 makes no
 provision for sale by tender for export when interven­
 tion agencies need to dispose of the stocks which they
                                                                                                 Article 1
 hold ; whereas provisions should be made in that
 Regulation for possible recourse to such tendering
 procedures ;                                                          In the second paragraph of Article 1 of Regulation
                                                                      (EEC) No 1226/77 an indent as follows is inserted
                                                                      before the first indent :
Whereas, since the purpose of a sale by tender is to
 obtain the most favourable price, contracts must be                       '— the offering of olive oil for sale on the
 awarded to the tenderers offering the highest prices,                          Community market for export.'
provided that a minimum price established in the
 light of the market situation is observed ; whereas,
 however, more than one minimum price may be                                                     Article 2
 fixed, by reference in each case to the distance of the
Community market from the country of destination                      Article 3 of Regulation (EEC) No 1226/77 is amended
and to the specific conditions of import in certain                   to read as follows :
countries of destination ;
                                                                           'Article 3
Whereas the minimum contract price for export is
fixed on the basis of the world market price ; whereas                     1 . "Sale by tender" means a procedure whereby
no export refund should therefore be granted in                            all interested parties are invited to submit tenders,
respect of oil purchased by tender ;                                       the contract for each lot being awarded to the
                                                                           person offering the highest price, provided that a
(i)  OJ   No 172, 30 . 9 . 1966, p . 3025/ 66 .                            minimum price is observed.
(2 ) OJ   No L 175, 29 . 6 . 1973 , p. 5.
(3 ) OJ   No 130, 28 . 6 . 1967, p. 2600/67.                          (6) OJ No L 89, 2. 4. 1976, p. 1 .
(4)  OJ   No L 264, 23 . 11 . 1972, p . 1 .                           (7 OJ No L 190, 14 . 7 . 1976, p. 1 .
(5   OJ   No L 141 , 9 . 6 . 1977, p . 20 .                           (8) OJ No L 269 , 21 . 10 . 1977, p . 26 .
 ---pagebreak--- No L 277/30                          Official Journal of the European Communities                                   29 . 10 . 77
   2. In the case of sale for export, where required                                           Article 4
   by the world market situation or the specific needs
   of certain markets, the minimum prices may be
                                                                An Article 15a as follows is added to Regulation (EEC)
   varied according to the destination .                        No 1226/ 77 :
   3 . The minimum price shall be fixed in accor­                     'Article 15a
   dance with the procedure laid down in Article 8 of
   Regulation No 136/ 66/ EEC :                                       1 . In the case of a sale for export, the exported
                                                                      oil shall not qualify for the export refund fixed in
   — either in the decision providing for the issuing                 accordance with the provisions of Regulation No
         of the invitation to tender,                                 171 /67 EEC . However, for purposes of Regulation
                                                                      (EEC) No 754/76, such oil shall be considered as
         or
                                                                      having complied with Article 2 ( 1 ) of the aforesaid
   — on the basis of the tenders received .                           Regulation upon completion of the customs
                                                                      export formalities .
   Where, however, no minimum price has been
    fixed by the decision providing for the invitation                2. The application for the licence to be issued
    to tender, a decision may be taken, in accordance                 following the sale by tender for export and the
   with the aforesaid procedure and in the light of                   licence itself shall contain in section 12 one of the
    the tenders received, to make no award.'                          following endorsements :
                                                                      " Export under Regulation (EEC) No 1226/77",
                          Article 3                                   " Exportation dans le cadre du règlement (EEC) n0
                                                                       1226/77";
Article 8 (2) of Regulation (EEC) No 1226/77 is                       "Ausfuhr im Rahmen der Verordnung (EWG) Nr.
                                                                       1226/77":
amended to read as follows :
                                                                       " Esportazione nell ambito del regolamento (CEE)
    '2.     The security shall be released :                           n . 1226/ 77";
    — where the tenderers have not been awarded a                      " Uitvoer in het kader van Verordening (EEG) nr.
          contract, or
                                                                       1226/77";
    — where the purchaser has paid the final amount                    "Udførsel i henhold til forordning (EØF) nr.
                                                                        1226/77".'
          of the price referred to in Article 14 and in the
          case of sale for export has furnished the proof
          required under Article 13 (4) of Regulation
          (EEC) No 1687/76, and proof that exportation                                         Article 5
          has been effected under the licence issued in
          accordance with Article 15a (2).
                                                                 In the Annex to Regulation (EEC) No 1687/76, under
     Moreover, in the case of a sale by tender with no           ' I. Products to be exported in the same state as that in
     specified destination, where serious doubts exist as        which they were when removed from intervention
     to the actual destination of the product, release of        stock', the following paragraph and relevant foot­
     the security shall be subject to proof that the              note (12) are inserted after paragraph 1 1 :
     product has been imported into a non-member
     country, unless lost en route as as a result of force              ' 12. Commission Regulation (EEC) No 1226/77 of
     majeure. Such proof shall be furnished in the                              8 June 1977 laying down rules for the sale of
     same way as for export refunds.                                            olive oil held by the intervention agencies ( 12).
     3.     Where the proof referred to in paragraph 2                   ( 12 ) OJ No L 141 , 9 . 6 . 1977, p. 20 .
     has not been furnished within six months of the
     date of expiry of the licence, the security shall,
     save in a case of force majeure, be forfeited.
                                                                                                Article 6
     Where the security is forfeited, it shall be
     deducted from intervention expenditure in the                This Regulation shall enter into force on the day of its
      olive oil sector, the sums and quantities concerned          publication in the Official Journal of the European
      being entered separately in the accounts.'                   Communities.
 ---pagebreak--- 29 . 10 . 77                    Official Journal of the European Communities                      No L 277/31
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 28 October 1977.
                                                                    For the Commission
                                                                     Finn GUNDELACH
                                                                        Vice-President