31980R2684

22. 10 . 80 Official Journal of the European Communities No L 278/ 5

COMMISSION REGULATION ( EEC) No 2684/80 of 21 October 1980 opening a standing invitation to tender (or the sale (or export o( olive oil held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN only to countries other than the United States of COMMUNITIES, America and Canada ;

Having regard to the Treaty establishing the European Whereas Article 20 of Commission Regulation (EEC) Economic Community, No 2730/79 of 29 November 1979 laying down common detailed rules for the application of the Having regard to Council Regulation No 136/66/EEC system of export refunds on agricultural products (6), of 22 September 1966 on the establishment of a as last amended by Regulation (EEC) No 1607/ 80 (7), common organization of the market in oils and specifies the evidence required to prove importation fats (*), as last amended by Regulation (EEC) No into non-Community countries ; 1917/80 (2), and in particular Article 12 (4) thereof, Whereas Commission Regulation (EEC) No 2566/79 Whereas Article 2 of Council Regulation (EEC) No of 15 November 1979 on the country nomenclature 2754/78 (3) provides that olive oil held by the interven­ for the external trade statistics of the Community and tion agencies is to be put up for sale by tender ; statistics of trade between Member States (8) lists the non-member countries of Europe, Africa and the Near Whereas, pursuant to Article 12 ( 1 ) of Regulation No and Middle East ; 136/66/EEC, the Italian intervention agency has bought in, since the 1975/76 marketing year, large Whereas the measures provided for in this Regulation quantities of olive oil ; are in accordance with the opinion of the Manage­ ment Committee for Oils and Fats, Whereas Commission Regulation (EEC) No 2960/77 of 23 December 1977 on detailed rules for the sale of olive oil held by intervention agencies (4), as last HAS ADOPTED THIS REGULATION : amended by Regulation (EEC) No 2309/80 (5), laid down the conditions for the sale by tender of olive oil for the Community market and for export ; whereas at Article 1 the present time there exist opportunities for exporting edible virgin olive oil ; whereas, therefore, 1 . The Italian intervention agency 'Azienda di Stato the said oil should be put up for sale under a standing invitation to tender ; per gli interventi nel mercato agricolo', hereinafter referred to as 'AIMA', shall open a standing invitation Whereas the minimum selling price is so fixed that to tender in accordance with the provisions of this Regulation and of Regulation (EEC) No 2960/77 for the Community operators enjoy equal conditions of the sale for export of about 10 000 tonnes of extra competition with operators in non-member countries ; whereas, accordingly, oil should under this Regulation quality virgin olive oil out of intervention purchases made during the 1978/79 and 1979/ 80 olive oil qualify neither for the export refund provided for in Article 20 of Regulation No 136/66/EEC nor for the marketing years at a rate of 2 000 tonnes per month , consumption aid provided for in Article 1 1 of the this latter quantity being increased the following same Regulation ; month by any quantity of olive oil remaining unsold from the previous invitations to tender. Whereas there is an established export trade in olive oil put up in small containers from the Community to 2. The quantities of olive oil awarded shall not be the United States of America and to Canada ; whereas exported in bulk or in immediate containers of a net content of more than five litres to the United States of if oil subject of an award by tender under this Regula­ America or Canada . tion were to be exported in bulk to these two coun­ tries, it might well damage this traditional export trade ; whereas to guard against this danger exporta­ Article 2 tion in bulk or in immediate containers of a net content of more than five litres should be allowed The invitation to tender shall be made public on 20 October 1980 . ') OJ No 172, 30 . 9 . 1966, p. 3025/66. 2 ) OJ No L 186, 19 . 7 . 1980 , p. 1 . *) OJ No L 331 , 28 . 11 . 1978 , p. 13 . (") OJ No L 317, 12. 12. 1979, p. 1 . 4) OJ No L 348, 30 . 12. 1977, p. 46. O OJ No L 160, 26. 6. 1980, p. 42 . s ) OJ No L 233 , 4. 9 . 1980 , p. 13 . (8) OJ No L 294, 21 . 11 . 1979 , p. 5 .

No L 278 / 6 Official Journal of the European Communities 22 . 10 . 80

Particulars of the lots of oil offered for sale and the A list of the lots put up for sale and a list of the lots places where they are stored shall be displayed at the remaining unsold from the previous invitations to head office of AIMA, Via Palestro 81 , Rome , Italy. A tender shall be displayed at the head office of AIMA copy of the invitation to tender referred to above shall not later than the seventh day of each month . be sent without delay to the Commission . Article 7 Article 3 The security referred to in Article 7 of Regulation The first series of tenders must reach AIMA, Via (EEC) No 2960/77 shall be 9-50 ECU/ 100 kg. Palestro 81 , Rome, Italy, not later than 2 p.m . (local The security referred to in Article 12 (3) of Regulation time) on 7 November 1980 . (EEC) No 2960/77 shall be 135 ECU per 100 kg of olive oil . Subsequent series of tenders must be lodged by 2 p.m . on : For the purposes of applying the provisions of Article — 12 December 1980, 1 (2), the security referred to in the second subpara­ graph of this Article shall not be released in the event — 20 January 1981 , of olive oil being exported in bulk or in immediate — 20 February 1981 , containers of a net content of more than five litres — 20 March 1981 . unless proof is provided that the oil was imported into a non-member country other than the United States Article 4 of America or Canada, except in cases where it has been destroyed during transport as a result of force Not later than three days after the expiry of each time majeure, or that it has been used for supplies as indi­ limit laid down for the submission of tenders, AIMA cated in Article 5 of Regulation (EEC) No 2730/79 . shall send the Commission a list, without mentioning names, stating the highest tender received for each lot The Member States may, however, exempt the put up for sale. exporter from producing the documentary evidence, other than the transport document, specified in Article 5 Article 20 of Regulation ( EEC) No 2730/79 in the case of a transaction where there is reasonable The minimum selling price shall be fixed, in accor­ certainty of arrival at destination of products for which dance with the procedure laid down in Article 38 of a declaration of export to a non-member country in Regulation No 136/66/EEC, on the basis of the Europe, Africa, or the Near or Middle East, listed in tenders received, not later than the last working day of Regulation (EEC) No 2566/79 , was made . the month during which the tenders were submitted . The decision fixing the minimum selling price shall Article 8 be notified forthwith to the Member State concerned . The storage charge provided for in Article 1 5 of Regu­ lation (EEC) No 2960/77 shall be Lit 1 700 per 100 Article 6 kilograms . The olive oil shall be sold by AIMA not later than the fifth day of each month following that during which Article 9 the tenders were submitted . This Regulation shall enter into force on the day of its AIMA shall supply the agencies responsible for publication in the Official Journal of the European Communities. storage with a list of the lots remaining unsold.

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

Done at Brussels, 21 October 1980 . For the Commission

Finn GUNDELACH Vice-President