31976R2197

9 . 9 . 76 Official Journal of the European Communities No L 247/ 11

COMMISSION REGULATION ( EEC) No 2197 /76 of 8 September 1976 on the putting up for sale of olive oil held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN Whereas, in order to guarantee performance of the COMMUNITIES , obligations resulting from the submission of an appli­ cation , provision should be made for the lodging of a Having regard to the Treaty establishing the European security ; Economic Community, Whereas, since the quantity of oil sold may be Having regard to Council Regulation No 136/66/ EEC different from that actually withdrawn, the final of 22 September 1966 on the establishment of a selling price cannot be calculated until the end of the common organization of the market in oils and withdrawal operation ; whereas, in order to ensure that fats ('), as last amended by Regulation ( EEC) No the sale is properly conducted, the provisional price 1 707/73 (2), and in particular Article 11 (5) thereof, should be paid before withdrawal ;

Whereas, pursuant to Article 11 ( 1 ) of Regulation No Whereas, in order to ensure the rapid disposal of the 136/66/ EEC, the Italian intervention agency bought oil sold, the time at which the oil must be placed at in large quantities of olive oil during the 1975/76 the purchaser's disposal and the final date for comple­ marketing year ; whereas the state of the Italian tion of the withdrawal of the oil should be laid down ; market in olive oil is at present favourable for the whereas it should also be provided that any resale of the said oil ; whereas, in view of the characte­ consequences of delay in the withdrawal should be ristics of the market, the sale should be carried out as borne by the purchaser ; soon as possible ;

Whereas the measures provided for in this Regulation Whereas Commission Regulation (EEC) No 589/68 of are in accordance with the opinion of the Manage­ 14 May 1968 on detailed rules for the sale of olive oil ment Committee for Oils and Fats, held by the intervention agencies (3), laid down the conditions for the sale by tender on the Community market of oil held by intervention agencies ; whereas the procedure laid down therein involves time limits which are incompatible with the need to offer the said HAS ADOPTED THIS REGULATION : oil for sale as quickly as possible ;

Whereas, moreover, experience has shown that the said procedure involves delivery periods which are Article 1 incompatible with commercial practices and require­ ments ; whereas special measures should therefore be The Italian intervention agency, Azienda di Stato per laid down to counteract those drawbacks ; whereas this gli interventi nel Mercato Agricolo', hereinafter may be achieved by providing for the sale of the oil to referred to as 'AIMA', shall offer for sale, out of the the purchaser who, subject to a minimum price, intervention purchases of the 1975/76 oil marketing makes the highest offer ; year, and in accordance with the provisions of this Regulation , the following quantities and qualities of Whereas Article 11 (3) of Regulation No 136/66/ EEC olive oil : specifies the terms on which oil bought in by the intervention agencies must be offered for sale ; (a) the unsold quantity of extra virgin olive oil put up whereas, in order to ensure observance of those terms, for sale under Regulation (EEC) No 1785/76 ; minimum selling prices should be fixed at the levels shown in the Annex hereto ; (b) the total amount of lampante olive oil purchased by AIMA. Whereas, in order to ensure that the selling operations arc properly carried out, certain information should be provided in the application for purchase,, in particular Article 2 as regards the exact definition of the product to which it relates ; Particulars of the lots of olive oil offered for sale and the place where they are stored shall be displayed at (') OJ No 172, 3«. 9 . 1966, p. 3025/66. (■) OJ No L 175, 29 . 6. 1973, p . 5 . the central office of AIMA, via Palestro 81 , Rome, (•') OJ No L 112, 15 . 5 . 1968 , p . 6. from 22 September 1976 onwards .

No L 247/ 1 2 Official Journal of the European Communities 9 . 9 . 76

Article3¶

The minimum selling prices shall be as laid down in Article 6 the Annex hereto . These prices are prices net of tax and relate to 100 kilogrammes of olive oil delivered ex 1 . No application for purchase shall be valid unless storage depot, either in the purchaser's own containers it is accompanied by a security of Lit 12 000 per 100 loaded on a vehicle provided by him , or in the kilogrammes . purchaser's tank vehicle. 2 . The security shall be in cash or by way of a guarantee issued by a credit institution satisfying the Article 4 criteria laid down by the Member State in which it is situated . 1 . The sale of the oil shall take place on 1 October 1976 . Any lots or parts of lots not sold on that day 3 . The security shall be released if no sale is made shall be put up for sale again on 15 and 30 October to the party concerned . It shall also be released when 1976 . After each sale , the AIMA shall display , at its the purchaser pays the final price as referred to in central office, details of the sale , which shall include a Article 11 . list of lots or parts of lots remaining unsold, and shall without delay inform accordingly the agencies respon­ Article 7 sible for storage .

The oil in each particular container shall be sold to 2 . Any interested party may examine at the storage the applicant having made a valid application for depot the oil offered for sale and may obtain a sample purchase offering the highest price . thereof, in containers supplied by him for that purpose, on payment of a price determined on the Where the same highest offer is made by more than basis of the minimum price laid down in the Annex one applicant, the purchaser shall be chosen by lot by hereto . This sample shall be put into two containers, the AIMA . which shall be labelled and sealed in the presence of both the vendor and the prospective purchaser or his duly authorized agent. One container shall be given to Article 8 the prospective purchaser and the other to the storer, so that, in the event that oil is sold to the party 1 . Immediately after the sale has been concluded , concerned , a check may be made to ensure that the seals shall be placed in the presence of both parties oil applied for by him corresponds to that actually upon the container or containers to which the applica­ delivered . tion for purchase relates . The container or containers concerned shall remain sealed until the withdrawal of the oil by the purchaser. Article 5 2 . Where the oil is of the lampante variety, an analysis shall be carried out in the presence of both 1 . Applications for purchase shall reach the AIMA, parties before the placing of the seals referred to in Via Palestro 81 , Rome , Italy, not later than 2 p.m . paragraph 1 . If the degree of acidity of such oil does ( Italian time) on the day preceding that of the sale . not correspond to that referred to in point 2 of the Annex hereto , the selling price shall be adjusted in 2. Applications for purchase shall include at least accordance with the said Annex . the following information :

(a) the name and full postal address of the applicant ; Article 9 (b) the container number or numbers , together with the corresponding lot number and the place of 1 . The purchaser shall pay to the AIMA, before storage ; withdrawing the oil and in any event not later than the fifteenth day following that of sale , the provisional (c) an acknowledgement of the accuracy of the quality amount of the selling price . Without prejudice to any description under which the oil concerned is domestic taxes applicable , such amount shall be calcu­ offered for sale ; lated by multiplying the quantity indicated as being (d) the offer price per 100 kilogrammes . contained in the lot by the price offered for that lot.

3 . Any application which does not offer at least the 2 . If the provisional amount is not paid to the minimum price set for the lot concerned shall be AIMA within the period laid down in paragraph 1 , the refused . AIMA may , without any special formality or innova­ tion of legal process , regard the sale as cancelled . In 4. Every application for purchase shall relate to all this event , the security referred to in Article 6 shall be the oil in at least one container . forfeit .

9 . 9 . 76 Official Journal of the European Communities No L 247 / 13

Article 10 — the provisional amount, — the final amount of the selling price , plus, where 1 . The withdrawal of the oil by purchasers may applicable, the storage charge provided for in begin as soon as the provisional amount referred to in Article 12 (b). Article 9 ( 1 ) has been paid and shall be completed not later than the thirtieth day following that of sale . The balance shall be paid within 30 days following completion of the withdrawal of the oil . 2 . The quantity of oil delivered may differ from the quantity applied for by the purchaser, depending on Article 12 the actual quantity in the containers at the time of delivery . If withdrawal of the oil is not completed by the date laid down in Article 10 ( 1 ): Article 11 (a) the oil remaining in storage shall be held at the purchaser's own risk ; 1 . When the withdrawal of the oil is completed, (b) the purchaser shall pay to the AIMA a storage the AIMA shall draw up an invoice for the final charge calculated on the basis of the quantity still amount of the selling price . to be withdrawn at the rate of Lit 1 000 per 100 Without prejudice to any domestic taxes applicable, kilogrammes for each period of 30 days of addi­ the final amount shall be calculated by multiplying tional storage or part thereof. the quantity actually withdrawn by the price offered for the lot concerned . Article 13

2 . The invoice shall show the debit or credit This Regulation shall enter into force on the day balance , which shall be equal to the difference following its publication in the Official Journal of between : the European Communities.

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

Done at Brussels, 8 September 1976 .

For the Commission

P.J. LARDINOIS Member of the Commission

A NNI-X

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

1 . Extra 1 ' virgin olive oil : Lit I 52 000 / 1 00 kg ; 2 . V base lampante olive oil : Lit 127 000 / 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 for each degree or fraction of degree of acidity more or less than