31976R3082

No L 347 / 26 Official Journal of the European Communities 17 . 12 . 76

COMMISSION REGULATION ( EEC) No 3082/76 of 16 December 1976 on the putting up for sale of olive-residue oil held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN provided in the application for purchase, in particular COMMUNITIES , as regards the exact definition of the product to which it relates ; Having regard to the Treaty establishing the European Economic Community, Whereas , in order to guarantee performance 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 ('), as last amended by Regulation ( EEC) No Whereas, since the quantity of oil sold may be 1707/73 (2), and in particular Article 11 (5) thereof, different from that actually withdrawn , the final selling price cannot be calculated until the end of the Whereas , pursuant to Article 11 ( 1 ) of Regulation No withdrawal operation ; whereas, in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 propeily 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 resale of the said oil ; whereas, in view of the characte­ Whereas, in order to ensure the rapid disposal of the ristics of the market, the sale should be carried out as oil sold , the time at which the oil must be placed at soon as possible ; the purchaser's disposal and the final date for comple­ tion of the withdrawal of the oil should be laid down ; whereas it should also be provided that any Whereas Commission Regulation ( EEC) No 589/68 of consequences of delay in the withdrawal should be 14 May 1968 on detailed rules for the sale of olive oil borne by the purchaser ; held by intervention agencies (3) laid down the condi­ tions for sale by tender on the Community market of oil held by intervention agencies ; whereas the proce­ Whereas there is a considerable imbalance between dure laid down therein involves time limits which are supply and demand on the Community market in incompatible with the need to offer the said oil for olive oil ; whereas, in order to alleviate these diffi­ sale as quickly as possible ; culties, the oil sold by the Italian intervention agency should be placed on the market in the near future ; Whereas, moreover, experience has shown that the said procedure involves delivery periods which are incompatible with commercial practices and require­ Whereas, in order to ensure a fair distribution among ments ; whereas special measures should therefore be the various purchasers of the quantities put up for laid down to counteract those drawbacks ; whereas this sale, it is necessary to lay down for each quality, the may be achieved by providing for the sale of the oil to maximum quantities which may be allocated to each tenderer ; the purchaser who, subject to a minimum price, makes the highest offer ;

Whereas under Commission Regulation ( EEC) No Whereas Article 11 (3) of Regulation No 136,/ 66/ EEC 2662/76 of 29 October 1976 on the putting up for specifies the terms on which oil bought in by the sale of olive oil held by the Italian intervention intervention agencies must be offered for sale ; agency (4), the latter has put up for sale, inter alia, whereas , in order to ensure observance of those terms , approximately 12 400 metric tons of olive-residue oil ; minimum selling price should be fixed at the level shown in the Annex hereto ; Whereas only a very small quantity of this olive­ residue oil has been sold ; whereas, taking into Whereas , in order to ensure that the selling operations account the present market situation , it appears oppor­ are properly carried out, certain information should be tune to put up for sale again the oil that remains unsold ; (') OJ No 172, 30 . 9 . 1966, p . 302.5/ 66 . (2 ) OJ No L 175, 29 . 6 . 1973 , p. 5 . (3 ) OJ No L 1 12, 15 . .5 . 1968 , p. 6 . (4 ) OJ No L 300 , 30 . 10 . 1976, p . 61 .

17. 12. 76 Official Journal of the European Communities No L 347/ 27

Whereas the measures provided for in this Regulation 2. Applications for purchase shall include at least are in accordance with the opinion of the Manage­ the following : ment Committee for Oils and Fats, (a) the name and full postal address of the applicant ; (b) the container number or numbers, together with HAS ADOPTED THIS REGULATION : the corresponding lot number and the place of Article 1 storage ; (c) an acknowledgement of the accuracy of the The Italian intervention agency, 'Azienda di Stato per description under which the oil concerned is gli interventi nel mercato agricolo', hereinafter offered for sale ; referred to as 'AIMA', shall offer for sale, out of the intervention purchases of the 1975/76 oil marketing (d) the offer price per 100 kilogrammes ; year, and in accordance with the provisions of this (e) an undertaking to make any quantities awarded Regulation, the remaining quantities of olive-residue available to the retail trade within two months oil offered for sale under Regulation (EEC) No following withdrawal of the product. 2662/76. 3 . Any application which does not offer at least the Article 2 minimum price set for the product concerned shall be refused . Particulars of the lots of olive residue oil offered for sale and the place where they are stored shall be ' 4. Every application for purchase shall relate to all displayed at the central office of AIMA, Via Palestro the oil in at least one container . 81 , Rome, Italy. Particulars of the lots shall be displayed from 20 December 1976. 5. No application may be withdrawn . Article 3

The minimum selling price shall be as laid down in Article 6 the Annex hereto. This price is net of tax and relates to 100 kilogrammes of olive-residue oil delivered ex 1 . No application for purchase shall be valid unless storage depot, either in the purchaser's own drums 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 Article 4 guarantee issued by a credit institution satisfying the criteria laid down by the Member State in which it is 1 . The sale of olive-residue oil shall take place on 4 situated . January 1977.

After the sale, AIMA shall immediately supply those 3 . The security shall be released if no sale is made responsible for storage with a list of the lots or parts to the party concerned . It shall also be released when of lots remaining unsold . the purchaser pays the final price as referred to in Article 12 and shows the competent authorities that 2. Prospective purchasers may examine at the he has fulfilled the undertaking laid down in Article 5 storage depot the oil offered for sale and may obtain a (2) (e). sample thereof, in containers supplied by them for that purpose, on payment of a price determined on the basis of the minimum price laid down in the Article 7 Annex hereto. This sample shall be put into two labelled bottles which shall be sealed in the presence The competent authorities of the Member State of both the vendor and the prospective purchaser or concerned shall take the necessary measures to his duly authorized agent. One bottle shall be given to monitor fulfilment of the undertaking laid down in the prospective purchaser and the other to the storer, Article 5 (2) (e). so that, in the event that oil is sold to the party concerned, a check may be made to ensure that the oil applied for by him corresponds to that actually delivered . Article 8

Article 5 1 . The oil in each particular container shall be sold to the applicant having made a valid application for 1 . Applications for purchase shall reach AIMA, Via purchase offering the highest price . Where the same Palestro 81 , Rome, Italy, not later than 2 p.m . (Italian highest offer is made by more than one applicant, the time) on the day preceding that of the sale . purchaser shall be chosen by lot by AIMA.

No L 347 / 28 17 . 12 . 76 Official Journal of the European Communities

2. However, if the total quantity for which a event, the security referred to in Article 6 shall be tenderer has offered the highest price exceeds 1 000 forfeit . metric tons , a contract shall be awarded to that tenderer only in respect of the container or containers the total contents of which do not exceed the limit as Article 11 above . 1 . Withdrawal of the oil by purchasers may begin Contracts for the quantities exceeding this limit shall as soon as the provisional amount referred to in be awarded to the other tenderers, in descending order Article 10 ( 1 ) has been paid and shall be completed of tender and subject to the said limit. not later than the 30th day following that of sale.

3 . When determining the container or containers 2. The quantity of oil delivered may differ from the in respect of which no contract can be awarded quantity applied for by the purchaser, depending on pursuant to the preceding paragraph, the Italian inter­ the actual quantity in the containers at the time of vention agency shall choose : delivery .

(a) the container or containers which have the lowest quantity ; Article 12

(b) where containers have identical quantities, the container or containers for which the tenderer has 1 . When the withdrawal of the oil is complete, offered the lowest price . However, if certain of the AIMA shall draw up an invoice for the final amount containers in question are the subject of other of the selling price. orders, these shall not be awarded to the tenderer concerned . Without prejudice to any domestic taxes applicable, the final amount shall be calculated by multiplying the quantity actually withdrawn by the price offered for the lot concerned . Article 9 2 . The invoice shall show the debit or credit balance, which shall be equal to the difference 1 . Immediately after the sale has been concluded, between : seals shall be placed in the presence of both parties upon the container or containers to which the applica­ — the provisional amount, tion for purchase relates. The container or containers concerned shall remain sealed until the withdrawal of — the final amount of the selling price plus any storage charge payable pursuant to Article 13 (b). the oil by the purchaser.

The balance shall be paid within 30 days following 2. Additionally, an analysis shall be carried out in completion of the withdrawal of the oil . the presence of both parties before the placing of the seals referred to in paragraph 1 . If the degree of acidity of such oil does not correspond to that speci­ Article 13 fied in the Annex hereto, the selling price shall be adjusted in accordance with the said Annex . If withdrawal of the oil is not completed by the date laid down in Article 10 ( 1 ):

Article 10 (a) the oil remaining in storage shall be held at the purchaser's own risk ; 1 . The purchaser shall pay to AIMA, before with­ (b) the purchaser shall pay to AIMA a storage charge drawing the oil and in any event not later than the calculated on the basis of the quantity still to be 15th day following that of sale, the provisional withdrawn at the rate of Lit 1 000 per 100 kilo­ amount of the selling price . Without prejudice to any grammes for each period of 30 days of additional domestic taxes applicable, such amount shall be calcu­ storage or part thereof. lated by multiplying the quantity indicated as being contained in the lot by the price offered for that lot. Article 14 2. If the provisional amount is not paid to AIMA within the period laid down in paragraph 1 , AIMA This Regulation shall enter into force on the day may, without any special formality or invocation of following its publication in the Official Journal of legal process, regard the sale as cancelled . In this the European Communities.

17. 12. 76 Official Journal of the European Communities No L 347/29

States.Regulation shall ^ binding 10 its entirety 3nd directly applicable in all Member

Done at Brussels, 16 December 1976

For the Commission

P. J. LARDINOIS Member of the Commission

ANNEX

Minimum selling price for ohve-residue oil held by the Italian intervention agency

5° olive-residue oil : Lit 89 000 per 100 kg In the case of olive-residue oil with a different degree of acidity, there shall be added or deducted as the case may be Lit 900 per 100 kg for each degree of acidity or fraction thereof less or more than 5° .