31975R2599
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 Article 2 made for contracts to have a validity of 90 days and be 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) are engaged in an activity in the olive oil sector a form which is sufficiently precise to allow for the and are duly entered in the public register of a identification of the product concerned and for the producer Member State ; however, if the holder of effective inspection of storage operations ; olive oil is an agricultural producer not entered in a public register, he must furnish a document (') OJ No 172, 30 . 9 . 1-966, p. 3025 / 66 . (-) 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 ;
14 . 10 . 75 No L 265/ 13 Official Journal of the European Communities
(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 of equivalent quantity and quality from the new (c) are in possession, at the date of the application for 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 1 . No storage contract shall be concluded in be the subject of contracts. 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 .
2 . The date of commencement of the contract shall 1 . The contract shall be concluded for a period, of 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 shall only be paid when all the obligations of the (e) the number of lots, the net weight and the quality 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 contract, the premium shall not be paid . (a) keep in store during the stipulated period the agreed quantity of the product concerned , any 2. In case of force majeure, the competent consequent loss to be borne by the holder ; 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 .
No L 265 / 14 14 . 10 . 75 Official Journal of the European Communities
Article 10 origin of the oil and the fulfilment of the obligations arising from the contract. 1 . The holders of olive oil who : 2 . Member States shall transmit to the Commission — have concluded a storage contract, and who a specimen of the contract as provided for in — present, after the expiration of the said contract, 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 — before 20 November 1975, of the quantity and which was the subject of the contract, an amount quality of olive oil for which contracts have been equal to the difference between the intervention price concluded, valid on the day following the expiry date of the 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