31973R3495

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No L 357/ 38 Official Journal of the European Communities 28 . 12 . 73

REGULATION ( EEC) No 3495 / 73 OF THE COMMISSION of 21 December 1,973 on the buying-in of olive oil for a buffer stock

THE COMMISSION OF THE EUROPEAN Whereas to promote the formation of a buffer stock, COMMUNITIES, the payment of the buying-in price as well as the subsidy within a short period after the delivery of the Having regard to the Treaty establishing the European oil should be provided for ; whereas, with' the same Economic Community ; end in view, it appears necessary that the intervention agency should take account of differing costs which Having regard to Council Regulation No 136/ may result for the seller from the transport of the oil 66/ EEC (') of 22 September 1966 on the establish­ to a centre other than that which he has named ; ment of a common organization of the market in oils and fats, as last amended by Regulation ( EEC) No 1 707/ 73 (2 ) ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Having regard to Council Regulation (EEC) No ment Committee for Oils and Fats , 3414/73 (3 ) of 11 December 1973 on the formation of a buffer stock of olive oil , and in particular Article 8 thereof ; HAS ADOPTED THIS REGULATION Whereas, according to Article 2 of Regulation (EEC) No 3414/73, the buffer stock shall consist exclusively of virgin oil ; whereas, for purposes of good administra­ Article 1 tive management, the virgin oils which are of a less than normal quality should be excluded from the Only virgin olive oil having a free fatty acid content stock ; expressed as oleic acid of not more than 13 grammes Whereas to ensure the correct application of the per 100 grammes, and with a moisture, and impurities buffer stock system as well as the subsidy system for content of not more than 1-5 % , shall be eligible for the oils sold for the buffer stock , the minimum infor­ the buffer stock provided for in Regulation (EEC) No mation which should be given in the submission offer 3414/73 . should be defined ;

Whereas Article 4 ( 1 ) of Regulation (EEC) No Article 2 3414/73 provides the possibility for the producers to obtain permission to retain some oil for their personal The Member State concerned shall fix : consumption ; whereas for purposes of good adminis­ tration , the criteria to be used in determining the (a) the buying-in price, in accordance with Article 5 quantity of oil in question should be defined ; of Regulation (EEC) No 3414/ 73 . It shall inform the Commission of this price, once it is fixed ; Whereas Article 5 of Regulation ( EEC) No 3414/73 provides for the application of increases and reduc­ (b) the intervention centres for the formation of the tions to the buying-in price, to take account of the buffer stock . value of the various qualities of oil offered ; whereas, to this end , the table of increases and reductions set out in the Annex to Commission Regulation No 785/ Article 3 67/ EEC (4) of 30 October 1967 on the buying-in of olive oil by intervention agencies, as last amended by 1 . The submission offer referred to in Article 4(2) Regulation ( EEC) No 2501 /71 (5), should be main­ of Regulation ( EEC) No 3414/73 should include at tained ; least the following information : Whereas to promote the formation of the totality of the buffer stock , a certain tolerance should be (a) the name, forenames and address of the person making the offer ; permitted in respect of the maximum quantity referred to in Article 2 (3) of Regulation ( EEC) No (b) the quantity of olives produced ; 3414/ 73 ; (c) the quantity of virgin olive oil produced ; (') OJ No 172, 30 . 9 . 1966, p . 3025/ 66 . (d) the place where the oil is being stored when the (2) OJ No L 175, 29 . 6 . 1973 , p . 5 . offer is made ; (3 ) OJ No L 351 , 20 . 12. 1973 , p . 1 . (4) OJ No 264, 31 . 10 . 1967, p . 11 . (e) the intervention centre to which he wishes to (5) OJ No L 258 , 23 . 11 . 1971 , p. 7 . make the delivery.

28 . 12 . 73 No L 357/39 Official Journal of the European Communities

2. The submission offer should be accompanied by 2. Each month the Member State concerned shall the cultivation declaration referred to in Article 2 of inform the Commission of the quantities of oil Regulation (EEC) No 3209 /73 ('). bought during the previous month by the intervention agency for the buffer stock . 3 . The intervention agency shall decide for each producer who submits an offer the amount of oil Article 7 which may be used for his personal consumption, taking into account in particular the average consump­ 1 . The intervention agency shall determine the tion in the oil-producing regions as well as the place where the oil shall be taken over. number of dependants of each producer. If, at the request of the intervention agency, the oil is delivered : Article 4 — to a centre other than that named in the offer, any 1 . The buying-in price shall be adjusted out by resulting increase in transport costs to the seller applying the increases and reductions indicated in shall be taken into account when payment is Regulation No 785 / 67/ EEC . being effected ; — to a place other than an intervention centre, any 2. Payment for the quantity of oil delivered shall be resulting increase or decrease in transport costs to effected following deduction of the weight of moisture the seller shall be taken into account when and impurities in excess of 0·2 % . payment is being effected. 3 . The buying-in price shall be that valid on the 2. The intervention agency shall designate a place day of delivery and calculated in accordance with of delivery other than the centre indicated by the Article 7 for goods delivered to the warehouse but not holder of the oil if, at the time of the transaction , that unloaded, allowance being made for the increases and centre does not have sufficient storage capacity for the reductions provided for in paragraph 1 . product in question or does not provide sufficient guarantee that the products which have been the Article 5 subject of intervention will be kept in good condition . In the formation of the buffer stock a tolerance of The place of delivery to be designated by the interven­ 1 % in respect of the maximum quantity referred to tion agency shall be the place, out of all places with in Article 2(3) of Regulation ( EEC) No 3414/73 shall sufficient storage capacity and facilities for keeping be permitted . products in good condition , in which the total expenditure resulting from storage costs and changes Article 6 in transport costs is the most favourable .

1 . The payment for the oil bought by the interven­ Article 8 tion agency for the buffer stock, as well as of the subsidy for the oil produced , shall be effected within a This Regulation shall enter into force on the day maximum period of 15 days after that on which the following its publication in the Official Journal of intervention agency has taken over the oil . the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 21 December 1973 .

For the Commission

The President

François-Xavier ORTOLI

(') OJ No L 327, 28 . 11 . 197.3 , p . 1.5 .