CELEX: 31988R2575
Language: en
Date: 1988-08-18 00:00:00
Title: Commission Regulation (EEC) No 2575/88 of 17 August 1988 opening an invitation to tender for the sale for export of olive pomace-oil held by the Italian intervention agency

18 . 8 . 88
                                           Official Journal of the European Communities                                No L 229/35
                                       COMMISSION REGULATION (EEC) No 2575/88
                                                         of 17 August 1988
                      opening an invitation to tender for the sale for export of olive pomace-oil held
                                                by the Italian intervention agency
    THE COMMISSION OF THE EUROPEAN COMMUNITIES,
                                                                      Whereas the measures provided for in this Regulation are
                                                                      in accordance with the opinion of the Management
    Having regard to the Treaty establishing the European             Committee for Oils and Fats,
    Economic Community,
                                                                      HAS ADOPTED THIS REGULATION •
    Having regard to Council Regulation No 136/66/EEC of
    22 September 1966 on the establishment of a common
                                                                                                Article 1
    organization of the market in oils and fats ('), as last
    amended by Regulation (EEC) No 2210/88 (2), and in                1.     The Italian intervention agency 'Azienda di Stato per
    particular Article 12 (4) thereof,                               gli interventi nel mercato agricolo', hereinafter referred to
                                                                     as AIMA , shall open an invitation to tender in
    Whereas Article 2 (1) of Council Regulation (EEC) No             accordance with the provisions of this Regulation and of
   2754/78 (3) provides that olive oil held by the intervention      Regulation (EEC) No 2960/77 for the sale for export of
   agencies is to be put up for sale by tender ;                     approximately 2 000 tonnes of olive pomace-oil.
                                                                     2. By way of derogation from Article 1 (2) of
   Whereas, pursuant to Article 12 (1) of Regulation No              Regulation (EEC) No 2960/77 this oil must be exported
   136/66/EEC, the Italian intervention agency has bought            without further processing.
   in large quantities of olive oil ;
                                                                                                Article 2
   Whereas Commission Regulation (EEC) No 2960/77 (4),               The invitation to tender shall be made public on 5
   as last amended by Regulation (EEC) No 3818/85 (5), laid          September 1988 .
   down the conditions for the sale by tender of olive oil ;
  whereas at the present time there exist opportunities for          Particulars of the lots of oil offered for sale and the places
  exporting olive oil ;                                             where they are stored shall be displayed at the head office
                                                                    of AIMA, via Palestro 81 , Rome, Italy.
  Whereas, in order to avoid any export problem, it shall be        A copy of the invitation to tender referred to above shall
  precisely stated on the package of the product to be              be sent without delay to the Commission.
  exported one of the denominations set out in the Annex
  to Regulation No 136/66/EEC ;                                                                Article 3
  Whereas the minimum selling price is so fixed that the           The tenders must reach AIMA, via Palestro 81 , Rome,
  Community operators enjoy equal conditions of                     Italy,
                                                                    1988 .
                                                                            not later than 2 p.m. (local time) on 13 September
                                                                                                                          K
  competition with operators in non-member countries ;
  whereas, accordingly, oil should, under this Regulation,
  qualify neither for the export refund provided for in                                        Article 4
 Article 20 of Regulation No 136/66/EEC nor for the
 consumption aid provided for in Article 1 1 of the' same          The tenders shall be submitted for an oil of 10° acidity.
 Regulation ;
                                                                   Where the oil awarded has a different degree of acidity
                                                                   from that for which the tender was submitted, the price to
 Whereas Article 18 of Commission Regulation (EEC) No              be paid shall be equal to the price tendered, increased or
 3665/87 of 27 November 1987, laying down common                   reduced in accordance with the scale below :
 detailed rules for the application of the system of export        — below 10° down to 8° acidity :
 refunds on agricultural products (<% specifies the evidence             an increase of Lit 3 226 for each degree or fraction of
 required to prove importation into non -Community                       a degree of acidity below 10° ,
countries ;
                                                                   — below 8° :
(') OJ No 172, 30. 9. 1966, p. 3025/66.                                  an additional increase of Lit 2 742 for each degree or
(2) OJ No L 197, 26. 7. 1988, p. 1 .                                     fraction of a degree below 8° ,
(3) OJ No L 331 , 28. 11 . 1978, p. 13.                            — above 10° :
(4) OJ No L 348, 30. 12. 1977, p. 46.
(0 OJ No L-368, 31 . 12. 1985, p. 20.                                   a reduction of Lit 3 226 for each degree or fraction of
(*) OJ No L 351 , 14. 12. 1987, p. 1 .                                  a degree above 10° .
 ---pagebreak--- No L 229/36                            Official Journal of the European Communities                                  18 . 8 . 88
                          Article 5                              2. The security referred to in Article 7 of Regulation
                                                                 (EEC) No 2960/77 shall be Lit 30 000 per 100 kilograms.
Not later than three days after the expiry of the time limit     The security referred to in Article 12 (3) of Regulation
laid down for the submission of tenders, AIMA shall send
the Commission a list, without mentioning names, stating         (EEC) No 2960/77 shall be Lit 200 000 per 100
                                                                 kilograms.
the highest tenders received for each lot put up for sale.
                                                                  For the purposes of applying the provisions of Article 1
             ♦
                                                                 (1 ), the security referred to in the second subparagraph of
                          Article 6                               this paragraph shall not be released unless proof is
                                                                  provided that the oil was imported into a non-member
The minimum selling price per 100 kilograms of oil shall          country except in cases where it has been destroyed
be fixed, in accordance with the procedure laid down in           during transport as a result of force majeure, or that it has
Article 38 of Regulation No 136/66/EEC, on the basis of           been used for supplies as indicated in Article 34 of
the tenders received, not later than the tenth working day        Regulation (EEC) No 3665/87.
following the deadline for the submission of tenders. The
decision fixing the minimum selling price shall be                The Member States may, however, exempt the exporter
 notified forthwith to the Member State concerned.                from producing the documentary evidence, other than the
                                                                  transport document, specified in Article 18 of Regulation
                                                                  (EEC) No 3665/87, in the case of Article 19 of this
                           Article 7                              Regulation.
 The olive oil shall be sold by AIMA not later than the                                      Article 9
 fifth working day following that on which the decision
 referred to in Article 6 is notified. AIMA shall forward to      The storage charge provided for in Article 15 of
 the storage agencies the list of lots not awarded.                Regulation (EEC) No 2960/77 shall be Lit 4 000 per 100
                                                                   kilograms.
                           Article 8                                                         Article 10
 1 . AIMA shall check that the oil exported is the same            This Regulation shall enter into force on the day of its
 as the oil withdrawn from intervention, in particular on          publication in the Official Journal of the European
 the basis of acidity and the presence of soap.                    Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 17 August 1988 .
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President