31976R1785

24 . 7 . 76 Official Journal of the European Communities No L 199/21

COMMISSION REGULATION ( EEC) No 1785 /76 of 22 July 1976 on the offering for sale of olive oil held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN Whereas, in order to ensure that the selling operations COMMUNITIES , are properly carried out, certain information should be provided in the application for purchase , in particular as regards the exact definition of the product to which Having regard to the Treaty establishing the European it relates ; Economic Community, Whereas, in order to guarantee the fulfilment of the obligations resulting from the submission of an appli­ Having regard to Council Regulation No 136/ 66/ EEC cation , provision should be made for the lodging of a of 22 September 1966 on the establishment of a security ; common organization of the market in oils and fats ( 1 ), as last amended by Regulation (EEC) No 1707/73 (2), and in particular Article 11 (5) thereof, Whereas, since the quantity of oil sold may be different from that actually withdrawn , the final selling price cannot be calculated until the end of the Whereas, pursuant to Article 11 ( 1 ) of Regulation No withdrawal operation ; whereas, in order to ensure that 136/66/ EEC, the Italian intervention agency bought the sale is properly conducted, the provisional price in large quantities of olive oil during the 1975/76 should be paid before withdrawal ; marketing year ; whereas the state of the Italian market in olive oil is at present favourable for the Whereas, in order to ensure the rapid disposal of the re-sale of the said oil ; whereas, in view of charac­ oil sold , the time at which the oil must be placed at teristics of the market, the sale should be carried out the purchaser's disposal and the final date for comple­ as soon as possible ; tion of the withdrawal of the oil should be laid down ; whereas it should also be provided that any consequences of delay in the withdrawal should be Whereas Commission Regulation ( EEC) No 589 / 68 of borne by the purchaser ; 14 May 1968 on detailed rules for the sale of olive oil held by the intervention agencies ( 3) laid down the conditions for the sale by tender on the Community Whereas the measures provided for in this Regulation market of oil held by the intervention agencies ; are in accordance with the opinion of the Manage­ whereas the procedure laid down therein involves ment Committee for Oils and Fats, time limits which are incompatible with the need to offer the said oil for sale as quickly as possible ;

Whereas, moreover, experience has shown that the HAS ADOPTED THIS REGULATION : said procedure involves delivery periods which are imcompatible with commercial practices and require­ ments ; whereas special measures should therefore be laid down to counteract those drawbacks ; whereas this Artie c 1 objective may be achieved by providing for the sale of the oil to the purchaser who , subject to a minimum price, makes the highest offer ; The Italian intervention agency, Azienda di Stato per gli interventi nel Mercato Agricolo', hereinafter referred to as ' the AIMA', shall offer for sale the Whereas Article 11 (3) of Regulation No 136/66/ EEC following quantities and qualities of olive - oil : specified the price conditions under which oil bought in by the intervention agencies must be offered for ( a) 9 730 metric tons of extra virgin olive oil , sale ; whereas , in order to ensure observance of those terms , minimum selling prices should be fixed at the (b) 5 664 metric tons of lampante olive oil , levels shown in Annex II hereto ; from the intervention purchases of the 1975 / 76 oil (') OJ No 172, 30 . 9 . 1966 , p . 3025 / 66 . (2 ) OJ No L 175 , 29 . 6 . 1973 , p . 5 . marketing year, in acordance with the provisions of 3 OJ No L 1 12, 15 . 5 . 1968 , p . 6 . this Regulation .

No L 199/22 Official Journal of the European Communities 24 . 7 . 76

Article 2 4. Any application for purchase shall relate to all the oil in at least one container. The lots of olive oil offered for sale and the place where they are stored are listed in Annex I hereto . 5 . Applications shall not be withdrawn .

Article3¶

The minimum selling prices shall be those laid down 1 . No application for purchase shall be valid unless in Annex II . These prices are net of tax and relate to it is accompanied by a security of Lit 12 000 per 100 100 kilogrammes net of olive oil delivered in the kilogrammes . purchaser's oil drums, loaded on to the purchaser's vehicle ex warehouse, or in the purchaser's tank ex 2 . The security shall be in cash or by way of a warehouse . guarantee issued by a credit institution satisfying the criteria laid down by the Member State in which it is situated . Article 4 3 . The security shall be released if no sale is made 1 . The sale of oil shall take place on the 3 August to the party concerned . It shall also be released when 1976. Any lots or parts of lots which have not been the purchaser pays the final price referred to in allocated shall be put up for sale again on 20 and 31 Article 1 1 . August 1976 . After each sale, the AIMA shall display, at its registered place of business, details of the sale which shall include a list of lots or parts of lots Article 7 remaining unsold, and shall inform the stocking agen­ cies thereof without delay. The sale of oil in a particular container shall be made to the applicant whose application for purchase is 2. Any interested parties may examine the oil valid and who offers the highest price . offered for sale at the warehouse and may obtain a sample thereof, in containers supplied by them for Where the same highest offer is made by more than that purpose, on payment of a price determined on one applicant, the purchaser shall be chosen by lot by the basis of the minimum price laid down in the the AIMA . Annex. This sample shall be put into two containers, which shall be labelled and sealed in the presence of both the vendor and the purchaser or his duly autho­ Article 8 rized agent. One container shall be given to the party concerned and the other to the storer so that, if neces­ 1 . Immediately after the sale has been concluded , sary, if the oil is sold to the party concerned, a check seals shall be placed in the presence of both parties may be made to ensure that the oil applied for corres­ upon the container or containers to which the applica­ ponds to the oil delivered . tion relates . The container or containers concerned shall remain sealed until the withdrawal of the oil by Article 5 the purchaser .

2. When the oil is of the lampante variety, an 1 . Applications for purchase shall reach the AIMA, analysis shall be carried out in the presence of both Via Palestro 81 , Rome, Italy not later than 1 p.m . parties before the placing of the seals referred to in (Italian time) on the day preceding that of the sale. paragraph 1 . If the degree of acidity of such oil does not correspond to that referred to in point 2 of Annex 2. Applications for purchase shall include at least II , the selling price shall be adjusted in accordance the following information : with that Annex . (a) the name and full postal address of the applicant, (b) the container number or numbers with the corres­ Article 9 ponding lot number and the site of the warehouse, (c) an acknowledgement of the accuracy of the quality 1 . The purchaser shall be required to pay to the description under which the oil concerned is AIMA, before withdrawing the oil and in any event at offered for sale , the latest by the 15th day following the day of the (d) the the offer price per 100 kilogrammes. sale, the provisional amount of the selling price. Without prejudice to any domestic taxes applicable , 3 . Any application which does not offer at least the such amount shall be calculated by multiplying the minimum price set for the lot concerned shall be quantity indicated as being contained in the lot by the refused . price offered for that lot .

24 . 7 . 76 Official Journal of the European Communities No L 199/23

2. If the provisional amount is not paid to the 2 . The invoice shall show the debit or credit AIMA within the period laid down in paragraph 1 , the balance, which shall be equal to the difference AIMA may consider the sale as automatically between : cancelled, without any special formalities and without — the provisional amount, a legal declaration . In this event, the security referred to in Article 6 shall be forfeit . — the final amount of the selling price, plus, where applicable, the storage change provided for in Article 12 (b). Article 10 The balance shall be paid within 30 days following 1 . The withdrawal of the oil by purcahasers may the competition of the withdrawal of the oil . begin as soon as the provisional amount referred to in Article 9 ( 1 ) has been paid and shall be completed at Article 12 the latest by the 30th day following the day of the sale . If the total withdrawal of the oil is not completed by 2. The quantity of oil delivered may differ from the the date laid down in Article 10 ( 1 ): quantity in respect of which the application for (a) the oil shall remain in storage at the purchaser's purchase was lodged, depending on the actual quan­ own risk ; tity in the containers at the time of delivery. (b) the purchaser shall pay to the AIMA a storage charge calculated on the basis of the quantity still Article 11 to be withdrawn at the rate of Lit 1 000 per 100 kilogrammes for each period of 30 days of addi­ 1 . When the withdrawal of the oil is completed , tional storage or part thereof. the AIMA shall draw up an invoice for the final amount of the selling price . Article 13 Without prejudice to any domestic taxes applicable, the final amount shall be calculated by multiplying This Regulation shall enter into force on the day the quantity actually withdrawn by the price offered following its publication in the Official Journal of for the lot concerned . the European Communities.

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

Done at Brussels, 22 July 1976 .

For the Commission

P.J. LARDINOIS Member of the Commission

No L 199/ 24 Official Journal of the European Communities 24. 7 . 76

ANNEX I

Quantities of extra virgin olive oil offered for sale

A. Virgin olive oil : EXTRA

No of container Intervention Quantities No of lot Site of warehouse comprising each lot centre (quintals )

I da 59 a 61 , 66-72 , 72, 79-82 , 84 , 85 , 87 , Minervino Murge, via Canosa (CAI Bari 14 216,44 88 , 90-97 , 102-108 , 112-115 , 117-130·· Bari-Brindisi ) incluso II . 39-47 , 49-58 , 60-72 incluso Mariotto ( Bitonto), via Traetta 28 (CAI Bari 1 1 637,10 Bari-Brindisi ) Ill 21-22, 32-36, 43-50 , 57-64, 66-68 , 1 05­ Ruvo di Puglia, via Estramurale Scar­ Bari 14 796,46 106 , 108-109 , 111-131 incluso latti (CAI Bari-Brindisi) IV 1-13 , 15-36 , 38-65 , 67-68 , 70-99 , 101­ Bari-Mungivacca , via Caduti del lavoro Bari 29 352,00 107 , 110-111 , 117-123 , 125 , 126 (CAI Bari-Brindisi ) v 1 , 2 , 4 , 5 , 6 , 8 Bari-Mungivacca , magazzino n. 3 , via Bari 3 1 00,00 Torre di Mizzo 23 (Centrale oleifici R. F. Bari) VI da 1 a 5 Palombaio ( Bitonto), via delle Matine Bari 1 075,00 (Centrale oleifici R. F. Bari ) VII da 17 a 19 , 24 e 25 Bistritto , Piazza Umberto (Centrale olei­ Bari 371,00 fici R. F. Bari ) VIII 5,7-16 , 18 , 20-35 , 37-39 , 40-45 , 63-69 Cerignola , via San Ferdinando (CAP Foggia 8 641,00 Foggia) IX da 1 a 6 , 12, 13 , 16 , 19 e 20 Cerignola, strada statale n. 16 ( CAP Foggia 2 474,00 Foggia) x da 1 a 6 Serracapriola, via Cavour (CAP Foggia) Foggia 853,00 XI da 1 a 14 Trinitapoli , via Libertà 24 ( CAP Foggia) Foggia 2 470,00 XII da 1 a 6 e 8 San Ferdinando, via Barletta 216 ( CAP Foggia 1 690,00 Foggia) XIII da 3 a 10 Vico del Gargano , via S. Menaio (CAP Foggia 957,00 Foggia) XIV da 1 a 4 , 7 e 8 Manduria, via Roma 64 (CAP Taranto) Taranto 864,08 XV 11 , 12 , 14-16 Grottaglie, via Venezia 1 (CAP Taranto) Taranto 759,92 XVI 4 , 8 , 9 Massafra, magazzino B, località San Taranto 399,00 Sergio (Centrale oleifici R. F. Bari ) XVII 2 Massafra, magazzino C, località San Taranto 227,00 Sergio (Centrale oleifici R. F. Bari) XVIII 5 , 7-14 e 27 Pescara, via Circuito 79 (CAI Pescara e Pescara 1 000,00 Chieti ) XIX 20 Lametia terme , via Stazione (CAP Catanzaro 370,00 Catanzaro) XX da 21 a 23 Nicastro, Contrada Lenti (CAP Catan­ Catanzaro 1 110,00 zaro) XXI 3 , 15 , 18 , 19 Sassari , strada per Fertilia, km 0,600 Sassari 936,00 ( Consorzio oleario sardo)

24 . 7 . 76 Official Journal of the European Communities No L 199 / 25

B. Virgin olive oil : LAMPANTE

No of container Intervention Quantities No of lot Site of warehouse comprising each lot centre (quintals )

XXII da 1 a 12 Ostuni , via Pisancl li , 6 ( CAI Brindisi 3 291,17 Bari-Brindisi) XXIII da 1 a 5 , 7 , 8 , 10 e 24 Ostuni , via Cispi 51 ( CAI Brindisi 3 708,83 Bari-Brindisi) XXIV da 13a 15 S. Pietro Vernotico , circonvallazione Brindisi 270,00 (Centrale oleifici R. F. Bari ) XXV 2 , 3 , 10 , 12-34, 41-54 , 56-60 incluso Novoli , via S. Giovanni ( CAP Lecce) Lecce 14 163,00 XXVI da 1 a 6 e 10 Matino , via Piave ( CAP Lecce ) Lecce 2 570,00 XXVII da 1 a 8 e 10 Colle Passo , via Roma ( CAP Lecce ) Lecce 3 082,00 XXVIII 4 , 11 , 12 , 16-19 Scorrano , via provinciale per Supersano Lecce 1 182,00 (Centrale oleifici R. F. Bari ) XXIX 1 , 4, 7 , 10 , 13 , 16 , 19 , 22 e 25 Ruffano, via provinciale per Montesano Lecce 1 700,00 ( Centrale oleifici R. F. Bari ) xxx da 1 a 4 Taurisano, via Miggiano (Centrale Lecce 529,00 oleifici R. F. Bari ) XXXI 10 , 15 , 17 , 18 Casamassella , via Uggiano (Centrale Lecce 603,00 oleifici R. F. Bari ) XXXII 7 Leverano, via vicinale Corasa (Centrale Lecce 214,00 oleifici R. F. Bari ) XXXIII 15 e 18 Nardo, strada provinciale per Avetrana Lecce 246,00 ( Centrale oleifici R. F. Bari ) XXXIV da 1 a 23 , 25 e 26 interr . 1-12 soprael . Maruggio , via Makallè 12 ( CAP Taranto 3 211,90 Taranto) XXXV da 1 a 9 Girifalco , via Milano ( CAP Catanzaro) Catanzaro 1 460,25 XXXVI da 1 a 4 S. Onofrio, contrada Cao ( CAP Catanzaro 552,30 Catanzaro) XXXVII da 1 a 12 , 1 / M , A , B , 15 , 18 , 21 e 23 Vibo Valentia , viale Stazione ( CAP Catanzaro 4 591,64 Catanzaro) XXXVIII L / S , L/ M , 1 e 5 Maida , contrada Frassa ( CAP Catanzaro) Catanzaro 915,01 XXXIX 1 , 2 , 6-16 incluso Gioia Tauro , via Rimembranze , 20 / 22 Reggio Calabria 1 482,68 ( CAP Reggio Calabria ) xc 8 , 9 , 13 , 15 , 19 , 22 , 23 , 29-32 , 34-37 , Gioia Tauro , via Roma ( CAP Reggio Reggio Calabri ; 5 018,73 40 , 44 e 45 Calabria) XCI 5-8 , 11 , 16-24 , 26-33 incluso Gioia Tauro , via Trento 14 ( CAP Reggio Calabri ; 3 996,31 Reggio Calabria ) XCII 1 , 2 , 9-12 , 24-26 , 28 , 34 e 35 Gioia Tauro , via Roma (CAP Reggio Reggio Calabrie 3 510,57 Calabria ) XCIII 4 e 16 Sassari , strada per Fertilia , km 0,600 Sassari 343,02 ( Consorzio oleario sardo)

No L 199 /26 Official Journal of the European Communities 24 . 7 . 76

ANNEX II

Minimum selling prices of the olive oil held by the Italian intervention agency

1 . Extra 1° virgin olive oil : Lit 152 000/ 100 kg ; 2. 3° base lampante olive oil : Lit 125 000/ 100 kg. For lampante olive oil with a different degree of acidity, there shall be an increase or reduction of Lit 1 000/ 100 kg respectively for each degree of acidity more or less than 3°.