31977R2375

29 . 10 . 77 No L 277/29 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2375 /77 of 28 October 1977 amending Regulation (EEC) No 1226/77 laying down rules for the sale of olive oil held by the intervention agencies and Regulation (EEC) No 1687/76 laying down common detailed rules for verifying the use and/or destination of products from intervention

THE COMMISSION OF THE EUROPEAN Whereas olive oil thus exported is in a situation COMMUNITIES , comparable to that of oil having qualified for an export refund ; whereas such oil may therefore not be re-imported into the Community under the condi­ Having regard to the Treaty establishing the European tions set out in Article 3 ( 1 ) of Council Regulation Economic Community, (EEC) No 754/76 of 25 March 1976 on the customs treatment applicable to goods returned to the customs Having regard to Council Regulation No 136/66/ EEC territory of the Community (6) ; of 22 September 1966 on the establishment of a common organization of the market in oils and Whereas oils in respect of which contracts have been fats ('), as last amended by Regulation (EEC) No awarded for export must be governed by Commission 1 707/ 73 (2 ), and in particular Article 11 (5) thereof, Regulation (EEC) No 1687/76 of 30 June 1976 laying down common detailed rules for verifying the use Having regard to Council Regulation No 171 /67/ EEC and/or destination of products from intervention (7), as of 27 June 1967 on export refunds and levies on olive last amended by Regulation (EEC) No 231 1 /77 (8) ; oil (3), as last amended by Regulation (EEC) No whereas the Annex to that Regulation should there­ 2429/72 (4), and in particular Article 1 1 thereof, fore be supplemented accordingly ;

Whereas Commission Regulation (EEC) No 1226/77 Whereas the measures provided for in this Regulation of 8 June 1977 laying down rules for the sale of olive are in accordance with the opinion of the Manage­ ment Committee for Oils and Fats, oil held by the intervention agencies (5) specified the conditions for the sale by tender on the Community market of oil held by the intervention agencies ;

HAS ADOPTED THIS REGULATION : Whereas Regulation ( EEC) No 1226/77 makes no provision for sale by tender for export when interven­ tion agencies need to dispose of the stocks which they Article 1 hold ; whereas provisions should be made in that Regulation for possible recourse to such tendering procedures ; In the second paragraph of Article 1 of Regulation (EEC) No 1226/77 an indent as follows is inserted before the first indent : Whereas, since the purpose of a sale by tender is to obtain the most favourable price, contracts must be '— the offering of olive oil for sale on the awarded to the tenderers offering the highest prices , Community market for export.' provided that a minimum price established in the light of the market situation is observed ; whereas, however, more than one minimum price may be Article 2 fixed, by reference in each case to the distance of the Community market from the country of destination Article 3 of Regulation (EEC) No 1226/77 is amended and to the specific conditions of import in certain to read as follows : countries of destination ; 'Article 3 Whereas the minimum contract price for export is 1 . "Sale by tender" means a procedure whereby fixed on the basis of the world market price ; whereas all interested parties are invited to submit tenders, no export refund should therefore be granted in the contract for each lot being awarded to the respect of oil purchased by tender ; person offering the highest price, provided that a minimum price is observed . ( i ) OJ No 172, 30 . 9 . 1966, p . 3025/ 66 . (2 ) OJ No L 175, 29 . 6 . 1973 , p. 5. (3 ) OJ No 130, 28 . 6 . 1967, p. 2600/67. (6) OJ No L 89, 2. 4. 1976, p. 1 . (4) OJ No L 264, 23 . 11 . 1972, p . 1 . (7 OJ No L 190, 14 . 7 . 1976, p. 1 . (5 OJ No L 141 , 9 . 6 . 1977, p . 20 . (8) OJ No L 269 , 21 . 10 . 1977, p . 26 .

No L 277/30 29 . 10 . 77 Official Journal of the European Communities

2. In the case of sale for export, where required Article 4 by the world market situation or the specific needs of certain markets, the minimum prices may be An Article 15a as follows is added to Regulation (EEC) varied according to the destination . No 1226/ 77 :

3 . The minimum price shall be fixed in accor­ 'Article 15a dance with the procedure laid down in Article 8 of Regulation No 136/ 66/ EEC : 1 . In the case of a sale for export, the exported oil shall not qualify for the export refund fixed in — either in the decision providing for the issuing accordance with the provisions of Regulation No of the invitation to tender, 171 /67 EEC . However, for purposes of Regulation (EEC) No 754/76, such oil shall be considered as or having complied with Article 2 ( 1 ) of the aforesaid — on the basis of the tenders received . Regulation upon completion of the customs export formalities .

Where, however, no minimum price has been fixed by the decision providing for the invitation 2. The application for the licence to be issued to tender, a decision may be taken , in accordance following the sale by tender for export and the licence itself shall contain in section 12 one of the with the aforesaid procedure and in the light of the tenders received, to make no award .' following endorsements :

" Export under Regulation (EEC) No 1226/77",

" Exportation dans le cadre du règlement (EEC) n0 Article 3 1226/77";

"Ausfuhr im Rahmen der Verordnung ( EWG) Nr. Article 8 (2) of Regulation (EEC) No 1226/77 is 1226/77": amended to read as follows : " Esportazione nell ambito del regolamento (CEE) '2. The security shall be released : n . 1226/ 77";

— where the tenderers have not been awarded a " Uitvoer in het kader van Verordening ( EEG) nr. 1226/77"; contract, or "Udførsel i henhold til forordning (EØF) nr. — where the purchaser has paid the final amount 1226/77".' of the price referred to in Article 14 and in the case of sale for export has furnished the proof required under Article 13 (4) of Regulation (EEC) No 1687/76, and proof that exportation Article 5 has been effected under the licence issued in accordance with Article 15a (2). In the Annex to Regulation (EEC) No 1687/76, under ' I. Products to be exported in the same state as that in Moreover, in the case of a sale by tender with no which they were when removed from intervention specified destination, where serious doubts exist as stock', the following paragraph and relevant foot­ to the actual destination of the product, release of note ( 12) are inserted after paragraph 1 1 : the security shall be subject to proof that the product has been imported into a non-member ' 12 . Commission Regulation ( EEC) No 1226/77 of country, unless lost en route as as a result of force 8 June 1977 laying down rules for the sale of majeure. Such proof shall be furnished in the olive oil held by the intervention agencies ( 12 ). same way as for export refunds.

3 . Where the proof referred to in paragraph 2 ( 12 ) OJ No L 141 , 9 . 6 . 1977, p. 20 . has not been furnished within six months of the date of expiry of the licence, the security shall, save in a case of force majeure, be forfeited. Article 6 Where the security is forfeited, it shall be deducted from intervention expenditure in the This Regulation shall enter into force on the day of its olive oil sector, the sums and quantities concerned publication in the Official Journal of the European Communities. being entered separately in the accounts.'

29 . 10 . 77 No L 277/31 Official Journal of the European Communities

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

Done at Brussels, 28 October 1977.

For the Commission Finn GUNDELACH Vice-President