31977R0955

5 . 5 . 77 Official Journal of the European Communities No L 113 / 13

COMMISSION REGULATION ( EEC) No 955 /77 of 4 May 1977 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 ( 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and in particular Article 11 (5) thereof, Whereas, since the quantity of oil sold may be different from that actually withdrawn , the final Whereas, pursuant to Article 11 ( 1 ) of Regulation No selling price cannot be calculated until the end of the 136/66/EEC, the Italian intervention agency bought withdrawal operation ; whereas, in order to ensure that in large quantities of olive oil during the 1975/76 the sale is properly conducted, the provisional price marketing year ; whereas the state of the Italian should be paid before withdrawal ; market in olive oil is at present favourable for the resale of part of the said oil ; whereas, in view of the Whereas, in order to ensure the rapid disposal of the characteristics of the market, the sale should be oil sold, the time at which the oil must be placed at carried out as 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 Commission Regulation (EEC) No 589/68 of whereas it should also be provided that any 14 May 1968 on detailed rules for the sale of olive oil consequences of delay in the withdrawal should be held by intervention agencies (3), as last amended by borne by the purchaser ; Regulation (EEC) No 782/77 (4), 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 this problem, sale as quickly as possible ; 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 Whereas, in order to ensure a fair distribution among incompatible with commercial practices and require­ the various purchasers of the quantities put up for ments ; whereas special measures should therefore be sale , it is necessary to lay down for each quality the laid down to counteract these drawbacks ; whereas this maximum quantities which may be allocated to each may be achieved by providing for the sale of the oil to tenderer ; the purchaser who, subject to a minimum price, makes the highest offer ; Whereas in recent months olive-residue oil held by Whereas Article 11 (3) of Regulation No 136/66/ EEC the Italian intervention agency has been put up for specifies the terms on which oil bought in by the sale three times ; intervention agencies must be offered for sale ; whereas, in order to ensure observance of those terms, the minimum selling price should be fixed at the Whereas only a very small quantity of this olive­ level shown in the Annex hereto ; residue oil has been sold ; whereas, taking into account the present market situation , it appears oppor­ tune to put up for sale again a part of the oil that Whereas, in order to ensure that the selling operations remains unsold ; are properly carried out, certain information should be

(') OJ No 172, 30 . 9 . 1966, p . 3025/ 66 . Whereas the measures provided for in this Regulation 0 OJ No L 175, 29 . 6. 1973 , p. 5 . (3 ) OJ No L 112, 15 . 5 . 1968 , p . 6 . are in accordance with the opinion of the Manage­ (4 OJ No L 95, 19 . 4. 1977, p . 13 . ment Committee for Oils and Fats,

No L 113 / 14 Official Journal of the European Communities 5 . 5 . 77

HAS ADOPTED THIS REGULATION : 2 . Applications for purchase shall include at least the following : Article 1 (a) the name and full postal address of the applicant ; The Italian intervention agency, 'Azienda di Stato per (b) the container number or numbers, together with gli interventi nel mercato agricolo', hereinafter the corresponding lot number and the place of referred to as 'AIMA ', shall offer for sale, out of the storage ; intervention purchases of the 1975 / 76 oil marketing (c) an acknowledgement of the accuracy of the year, and in accordance with the provisions of this description under which the oil concerned is Regulation , 4 000 tonnes of olive-residue oil . offered for sale ; (d) the offer price per 1 00 kilograms ; Article 2 (e) an undertaking to make any quantities awarded Particulars of the lots of olive-residue oil offered for available to the retail trade within two months sale and the place where they are stored shall be following withdrawal of the product. displayed at the central office of AIMA, Via Palestro 81 , Rome , Italy . Particulars of the lots shall be 3 . Any application which does not offer at least the displayed from 6 May 1977 . minimum price set for the product concerned shall be refused . Article 3 4. Every application for purchase shall relate to all The minumum selling price shall be as laid down in the oil in at least one container. the Annex hereto . This price is net of tax and relates to 100 kilograms of olive-residue 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 purchaser's tank vehicle . Article 6

Article 4 1 . No application for purchase shall be valid unless it is accompanied by a security of Lit 12 000 per 100 1 . The award of contracts shall be made by AIMA kilograms . on 1 7 and 1 8 May 1 977 . Where lots or parts of lots are not sold , the award of contracts in respect thereof 2. The security shall be in cash or by way of a shall take place on 1 and 2 June 1977 . In this case , guarantee issued by a credit institution satisfying the the display provided for in Article 2 shall take place criteria laid down by the Member State in which it is on 24 May 1977 . situated .

AIMA shall forthwith inform successful bidders of its 3 . The security shall be released if no sale is made decision and shall supply those responsible for storage to the party concerned . It shall likewise be released with a list of the lots or parts of lots remaining unsold . when the purchaser pays the final amount of the price as referred to in Article 12 and establishes to the satis­ 2 . Prospective purchasers may examine at the storage depot the oil offered for sale and may obtain a faction of the competent authorities that he has sample thereof, in containers supplied by them for fulfilled the undertaking provided for in Article 5 (2) that purpose , on payment of a price determined on (e )the basis of the minimum price laid down in the Annex hereto . This sample shall be put into two labelled bottles which shall be sealed in the presence Article 7 of both the vendor and the prospective purchaser or his duly authorized agent . One bottle shall be given to The competent authorities of the Member State the prospective purchaser and the other to the storer, concerned shall take the necessary measures to check so that , in the event that oil is sold to the party performance of the undertaking provided for in concerned , a check may be made to ensure that the Article 5 (2) (e). oil applied for by him corresponds to that actually delivered , subject always as provided in the last sentence of Article 1 1 (2 ) hereof . 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 16 and 31 May 1977 respectively . purchaser shall be chosen by lot by AIMA .

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2. However, if the total quantity for which an appli­ event, the security referred to in Article 6 shall be cant has offered the highest price exceeds 1 000 forfeit . tonnes , a contract shall be awarded to that applicant only in respect of the container or containers the total contents of which do not exceed that limit . Article 11 \ Contracts for the quantities in excess of that limit 1 . Withdrawal of the oil by purchasers may begin shall be awarded to the other applicants, in as soon as the provisional amount referred to in Article 10 ( 1 ) has been paid and shall be completed descending order of offer price and subject to the said limit . not later than the 40th day following that of accep­ tance of tender. 3 . When determining the container or containers 2. The quantity of oil delivered may differ from the to be excluded from a particular award pursuant to the quantity applied for by the purchaser, depending on preceding paragraph , the Italian intervention agency the actual quantity in the containers at the time of shall choose : delivery. The determination of the weight of water and impurities shall be made at the time of delivery. (a) the container or containers which have the lowest quantity ; (b) where containers have identical quantities, the Article 12 container or containers for which the applicant has offered the lowest price . 1 . when the withdrawal of the oil is complete, AIMA shall draw up an invoice for the final amount However, if other offers have been received in respect of the selling price. of certain of the containers in question , these shall be excluded from the award to the tenderer concerned . Without prejudice to any domestic taxes applicable, the final amount shall be calculated by multiplying the quantity actually withdrawn, after the weight of water and impurities above 0-5 % has been deducted, Article 9 by the price offered to the lot concerned .

1 . Immediately after the sale has been concluded , 2 . The invoice shall show the debit or credit seals shall be placed in the presence of both parties balance, which shall be equal to the difference upon the container or containers to which the applica­ between : tion for purchase relates . The container or containers concerned shall remain sealed until the withdrawal of — the provisional amount, the oil by the purchaser. — the final amount of the selling price plus any storage charge payable pursuant to Article 1 3 (b). 2. In addition , an analysis shall be carried out in the presence of both parties before the placing of the The balance shall be paid within 30 days following seals referred to in paragraph 1 . If the degree of completion of the withdrawal of the oil . acidity of such oil does not correspond to that speci­ fied in the Annex hereto , the selling price shall be adjusted in accordance with the said Annex . Article 13

If withdrawal of the oil is not completed by the date laid down in Article 11 ( 1 ): Article 10 (a) the oil remaining in storage shall be held at the 1 . The purchaser shall pay to AIMA, before with­ purchaser's own risk ; drawing the oil and in any event not later than the (b) the purchaser shall pay to AIMA a storage charge 15th day following the award of the contract, the provi­ calculated on the basis of the quantity still to be sional amount of the selling price . Without prejudice withdrawn at the rate of Lit 1 000 per 100 kilo­ to any domestic taxes applicable, such amount shall grams for each period of 30 days of additional be calculated by multiplying the quantity ir iicated as storage or part thereof. 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 Officii ! I Journal of legal process , regard the sale as cancelled . In this the European Communities.

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

Done at Brussels , 4 May 1977 . For the Commission

Finn GUNDELACH Vice-President

ANNEX

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

15 J olive-residue oil : Lit 84 000 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 400 per 100 kilograms for each degree of acidity or fraction thereof less or more than 15 ".