31976R2662

30 . 10 . 76 Official Journal of the European Communities No L 300/ 61

COMMISSION REGULATION ( EEC) No 2662/76 of 29 October 1976 on the putting up for sale of olive oil held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN as regards the exact definition of the product to which COMMUNITIES, it relates ;

Having regard to the Treaty establishing the European Whereas, in order to guarantee performance of the Economic Community, obligations resulting from the submission of an appli­ cation, provision should be made for the lodging of a security ; Having regard to Council Regulation No 136/66/ EEC of 22 September 1966 on the establishment of a common organization of the market in oils and Whereas, since the quantity of oil sold may be fats I 1 ), as last amended by Regulation (EEC) No different from that actually withdrawn, the final 1 707/73 (2), and in particular Article 11 (5) thereof, selling price cannot be calculated until the end of the withdrawal operation ; whereas, in order to ensure that Whereas, pursuant to Article 11 ( 1 ) of Regulation No the sale is properly conducted, the provisional price 136/66/EEC, the Italian intervention agency bought should be paid before withdrawal ; in large quantities of olive oil during the 1975/76 marketing year ; whereas the state of the Italian Whereas, in order to ensure the rapid disposal of the market in olive oil is at present favourable for the oil sold, the time at which the oil must be placed at resale of the said oil ; whereas, in view of the characte­ the purchaser's disposal and the final date for comple­ ristics of the market, the sale should be carried out as tion of the withdrawal of the oil should be laid down ; soon as possible ; 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 intervention agencies (3) laid down the condi­ Whereas there is a considerable imbalance between tions for the sale by tender on the Community market supply and demand on the Community market in of oil held by intervention agencies ; whereas the olive oil ; whereas , in order to alleviate these diffi­ procedure laid down therein involves time limits culties, the oil sold by the Italian intervention agency which are incompatible with the need to offer the said should be placed on the market in the near future ; oil for sale as quickly as possible ;

Whereas, in order to ensure a fair distribution among Whereas, moreover, experience has shown that the the various purchasers of the quantities put up for said procedure involves delivery periods which are sale , it is necessary to lay down for each quality, the incompatible with commercial practices and require­ maximum quantities which may be allocated to each ments ; whereas special measures should therefore be tenderer ; laid down to counteract those drawbacks ; whereas this may be achieved by providing for the sale of the oil to the purchaser who, subject to a minimum price, Whereas Commission1 Regulation ( EEC) No 2197/76 makes the highest offer ; of 8 September 1 976 (4), as last amended by Regula­ tion ( EEC) No 2489/76 (5 ), provided for a series of sales of the olive oil held by the Italian intervention Whereas Article 11 (3) of Regulation No 136/66/ EEC agency ; whereas the last sale, scheduled for 30 specifies the terms on which oil bought in by the October 1976, will relate to a very small quantity ; intervention agencies must be offered for sale ; whereas , in order to ensure observance of those terms, whereas, consequently, pending the commencement of the selling operations provided for in this Regula­ minimum selling prices should be fixed at the levels tion , the sale scheduled for 30 October 1976 should shown in the Annex hereto ; be cancelled ;

Whereas in order to ensure that the selling operations are properly carried out, certain information should be Whereas the measures provided for in this Regulation provided in the application for purchase , in particular are in accordance with the opinion of the Manage­ ment Committee for Oils and Fats, (') OJ No 172, 30 . 9 . 1966, p . 3025/ 66 . (2 ) OJ No L 175 , 29 . 6 . 1973 , p . 5 . (4) OJ No L 247, 9 . 9 . 1976, p . 1 1 . P OJ No L 1 1 2, 1 5 . 5 . 1 968 , p . 6 . (5 ) OJ No L 283 , 14. 10 . 1976, p . 11 .

No L 300/62 Official Journal of the European Communities 30 . 10 . 76

HAS ADOPTED THIS REGULATION : concerned, a check may be made to ensure that the oil applied for by him corresponds to that actually delivered . Article 1

The Italian intervention agency, Azienda di Stato per Article 5 gli interventi nel mercato agricolo', hereinafter referred to as 'AIMA', shall offer for sale, out of the 1 . Applications for purchase shall reach AIMA, Via intervention purchases of the 1975/76 oil marketing Palestro 81 , Rome, Italy, not later than 2 p.m. (Italian year, and in accordance with the provisions of this time) on the day preceding that of the sale. Regulation, the following quantities and qualities of olive oil : 2. Applications for purchase shall include at least the following : (a) approximately 10 000 metric tons of extra virgin olive oil ; (a) the name and full postal address of the applicant ; (b) approximately 3 600 metric tons of fine virgin (b) the container number or numbers, together with olive oil ; the corresponding lot number and the place of storage ; (c) approximately 4 000 metric tons of lampante olive oil ; (c) an acknowledgement of the accuracy of the quality description under which the oil concerned is (d) approximately 12 400 metric tons of olive-residue offered for sale ; oil . (d) the offer price per 1 00 kilogrammes ; Article 2 (e) an undertaking to make vany quantities awarded available to the retail trade within not more than : Particulars of the lots of olive oil offered for sale and — one month following withdrawal of the the place where they are stored shall be displayed at product, in the case of extra virgin and fine the central office of AIMA, Via Palestro 81 , Rome, olive oil ; Italy. Particulars of the lots covered : — two months following withdrawal of the — by the first sale provided for in Article 4, shall be product, in the case of lampante olive oil and displayed from 3 November 1976 onwards ; olive-residue oil . — by the second sale provided for in Article 4, shall be displayed from 11 November 1976 onwards. 3 . Any application which does not offer at least the minimum price set for the product concerned shall be refused . Article 3 4. Every application for purchase shall relate to all The minimum selling prices shall be as laid down in the oil in at least one container. the Annex hereto. These prices are net of tax and relate to 100 kilogrammes of olive oil delivered ex 5 . No application may be withdrawn . storage depot, either in the purchaser's own drums loaded on a vehicle provided by him or in the Article 6 purchaser's tank vehicle. 1 . No application for purchase shall be valid unless Article 4 it is accompanied by a security of Lit 12 000 per 100 kilogrammes . 1 . The first sale of approximately 1 8 000 metric tons of oil shall take place on 9 November 1976. Any 2. The security shall be in cash or by way of a quantities not put up for sale or sold on 9 November guarantee issued by a credit- institution satisfying the shall be put up for sale on 24 November 1976. After criteria laid down by the Member State in which it is situated . each sale, AIMA shall immediately supply those responsible for storage with a list of the lots or parts 3 . The security shall be released if no sale is made of lots remaining unjold . to the party concerned. It shall also be released when 2. Prospective purchasers may examine at the the purchaser pays the final price as referred to in storage depot the oil offered for sale and may obtain a Article 12 and shows the competent authorities that sample thereof, in containers supplied by them for he has fulfilled the undertaking laid down in Article 5 that purpose, on payment of a price determined on (2) (e). the basis of the minimum prices laid down in the Annex hereto. This sample shall be put into two Article 7 labelled bottles which shall be sealed in the presence of both the vendor and the prospective purchaser or The competent authorities of the Member State his duly authorized agent. One bottle shall be given to concerned shall take the necessary measures to the prospective purchaser and the other to the storer, monitor fulfilment of the undertaking laid down in so that, in the event that oil is sold to the party Article 5 (2) (e).

30 . 10 . 76 Official Journal of the European Communities No L 300/ 63

Article 8 2. If the provisional amount is not paid to AIMA within the period laid down in paragraph 1 , AIMA 1 . The oil in each particular container shall be sold may, without any special formality or invocation of to the applicant having made a valid application for legal process, regard the sale as cancelled. In this purchase offering the highest price. Where the same event, the security referred to in Article 6 shall be highest offer is made by more than one applicant, the forfeit . purchaser shall be chosen by lot by AIMA.

2. However, if the total quantity for which a Article 11 tenderer has offered the highest price exceeds 1 . Withdrawal of the oil by purchasers may begin — 150 metric tons, in the case of extra or fine oil, as soon as the provisional amount referred to in — 500 metric tons, in the case of lampante oil , Article 10 ( 1 ) has been paid and shall be completed —* 1 000 metric tons, in the case of olive-residue oil , not later than the 30th day following that of sale.

a contract shall be awarded to that tenderer only in 2. The quantity of oil delivered may differ from the respect of the container or containers the total quantity applied for by the purchaser, depending on contents of which do not exceed, for each quality, the the actual quantity in the containers at the time of limit as above . delivery.

Contracts for the quantities exceeding these limits Article 12 shall be awarded to the other tenderers, in descending order of tender and subject to the said limits. 1 . When the withdrawal of the oil is complete, AIMA shall draw up an invoice for the final amount 3 . When determining the container or containers of the selling price. in respect of which no contract can be awarded pursuant to the preceding paragraph, the Italian inter­ Without prejudice to any domestic taxes applicable, vention agency shall choose : the final amount shall be calculated by multiplying (a) the container or containers which have the lowest the quantity actually withdrawn by the price offered quantity ; for the lot concerned . (b) where containers have identical quantities, the 2 . The invoice shall show the debit or credit container or containers for which the tenderer has balance, which shall be equal to the difference offered the lowest price. However, if certain of the between : containers in question are the subject of other orders, these shall not be awarded to the tenderer — the provisional amount, concerned . — the final amount of the selling price plus any storage charge payable pursuant to Article 13 (b). Article 9 The balance shall be paid within 30 days following 1 . Immediately after the sale has been concluded, completion of the withdrawal of the oil. seals shall be placed in the presence of both parties upon the container or containers to which the applica­ Article 13 tion for purchase relates . The container or containers concerned shall remain sealed until the withdrawal of If withdrawal of the oil is not completed by the date the oil by the purchaser. laid down in Article 10 ( 1 ): (a) the oil remaining in storage shall be held at the 2. Where the oil is of the lampante variety, an purchaser's own risk ; analysis shall be carried out in the presence of both parties before the placing of the seals referred to in (b) the purchaser shall pay to AIMA a storage charge paragraph 1 . If the degree of acidity of such oil does calculated on the basis of the quantity still to be not correspond to that specified in point 3 of the withdrawn at the rate of Lit 1 000 per 100 kilo­ Annex hereto, the selling price shall be adjusted in grammes for each period of 30 days of additional accordance with the said Annex . storage or part thereof.

Article10¶

1 . The purchaser shall pay to AIMA, before with­ Regulation (EEC) No 2197/76 is hereby repealed. drawing the oil and in any event not later than the 15th day following that of sale, the provisional A rticle 1 5 amount of the selling price. Without prejudice to any domestic taxes applicable, such amount shall be calcu­ This Regulation shall enter into force on the day lated by multiplying the quantity indicated as being following its publication in the Official Journal of contained in the lot by the price offered for that lot. the European Communities.

No L 300/ 64 Official Journal of the European Communities 30 . 10 . 76

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

Done at Brussels, 29 October 1976.

For the Commission

P.J. LARDINOIS

Member of the Commission

ANNEX

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

1 . Extra 1 virgin olive oil : Lit 152 000 per 100 kg. 2. Fine 1*5 virgin olive oil : Lit 144 000 per 100 kg. 3. 3° lampante olive oil : Lit 129 000 per 100 kg.

4. 5 olive-residue oil : Lit 92 000 per 100 kg. 5. In the case of lampante olive oil with a different degree of acidity, there shall be added or deducted as the case may be Lit 1 000 per 100 kg for each degree of acidity or fraction thereof less or more than 3° . 6 . In the case of olive-residue oil with a different degree of acidity, these shall be added or deducted as the case may be Lit 900 per 100 kg for each degree of acidity of fraction thereof less or more than 5° .