31981R0071

13 . 1 . 81 Official Journal of the European Communities No L 11 / 5

COMMISSION REGULATION ( EEC) No 71 / 81 of 12 January 1981 on the sale of olive oil held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN Whereas, in view of the large size of the lots put up COMMUNITIES, for sale, special provisions should be made in respect of delivery and payment ; Having regard to the Treaty establishing the European Economic Community, Whereas, in view of the detailed arrangements for payment, special measures should be adopted for the Having regard to Council Regulation No 136/66/ EEC EAGGF to take over the interest charges ; of 22 September 1966 on the establishment of a common organization of the market in oils and Whereas the measures provided for in this Regulation fats ( J ), as last amended by the Act of Accession of are in accordance with the opinion of the Manage­ Greece (2), and in particular Article 1 2 (4) thereof, ment Committee for Oils and Fats ;

Having regard to Council Regulation (EEC) No Whereas the EAGGF Committee has not delivered an 1883/78 of 2 August 1978 laying down general rules opinion within the time limit set by its chairman, for the financing of interventions by the European Agricultural Guidance and Guarantee Fund, Guarantee Section (3), as last amended by Regulation HAS ADOPTED THIS REGULATION : (EEC) No 249 /80 (4), and in particular Article 5 thereof, Article 1 Whereas the olive oil bought in by the Italian inter­ vention agency during the 1977/78 marketing year The Italian intervention agency, Azienda di Stato per has been put up for sale by tender on several occa­ gli interventi sul mercato agricolo, hereinafter called sions ; whereas it has only been possible to sell a small 'AIMA', shall put up for sale some 33 000 tonnes of proportion of the said oil to date ; virgin olive oil from intervention purchases made during the 1977/78 olive marketing year, in accor­ Whereas it appears that the existing market situation dance with the provisions of this Regulation . is suitable for again putting up for sale the said oil which , on account of its characteristics, is sought after Article 2 by Community operators, particularly for the produc­ tion of refined oil ; The olive oil referred to in Article 1 shall be put up for sale in six lots of about 5 500 tonnes each . Whereas, in view of the results of earlier invitations to tender, it seems appropriate to put the oil in question up for sale by another procedure ; whereas, in order to Article 3 facilitate sale of a product with special characteristics, it should be put up for sale in fairly substantial lots ; A notice of sale shall be posted by AIMA at its head­ quarters, via Palestro 81 , Rome (Italy), not later than Whereas production of olive oil in the 1980/81 31 January 1981 . marketing year is expected to be plentiful, particularly in respect of oils for direct consumption ; whereas This notice shall state the lots of oil put up for sale steps must be taken to ensure that oils sold by the and the place where they are stored . intervention agency do not interfere with the normal sale of production from the present marketing year ; Article 4 whereas, for this purpose, purchasers of the said oils should be obliged to refine them or market them 1 . The selling price for the oil shall be fixed at Lit outside the Italian and Greek markets ; 210 000 per 100 kilograms. Whereas, in order to ensure that the obligations 2. This price shall relate to 100 kilograms net of oil arising either under the application lodged or under delivered ex-storage depot, either in the purchaser's the contract concluded are complied with , provision own drums loaded on a vehicle provided by him or in should be made for requiring a security and another the purchaser's tank vehicles. appropriate guarantee to be provided ; Article 5 (') OJ No 172, .30 . 9 . 1966, p. 3025/ 66 . (J ) OJ No L 291 , 19 . 11 . 1979 , p . 17 . (3 ) OJ No L 216, 5. 8 . 1978 , p . 1 . 1 . Applications to purchase shall be submitted in («) OJ No L 28 , 5. 2. 1980 , p . 1 . writing to AIMA. They shall be delivered by hand

No L 11 / 6 Official Journal of the European Communities 13 . 1 . 81

with acknowledgement of receipt, or by registered purchaser the applicant who submits applications to letter . purchase several lots or, where this is impossible, shall determine the purchaser by drawing lots. 2. Applications to purchase shall include at least the following particulars : 2. The day of submission of applications shall be (a) the name and full postal address of the applicant ; the day the said application is received by AIMA, provided that it is received not later than 2 p.m . hours (b) the number or numbers of the lot or lots local time . concerned . 3 . Each application to purchase must relate to all Any application received on a day other than a the oil contained in at least one lot . working day for AIMA, or on a working day but after the time fixed in the above subparagraph, shall be Applications may not be withdrawn . considered to have been submitted on the first working day following the day on which it was received . 4. Applications to purchase shall be valid only if they are accompanied by : 3 . Prospective purchasers may examine at the (a) a security of Lit 10 000 per 100 kilograms ; storage depot the oil offered for sale and may obtain a (b) a statement by the applicant waiving any objec­ sample thereof, in containers supplied by them for tions to the accuracy of the description under that purpose, on payment of a price determined on which the oil is offered for sale ; the basis of the price referred to in Article 4. (c) an undertaking by the applicant to refine the oil purchased or not to market it on the Italian or Greek markets . Article 7

The Italian administration shall take all necessary As soon as the sale is concluded, the containers measures to ensure that the purchaser fulfils the under­ concerned shall be sealed in the presence of both taking mentioned in paragraph (c) above. parties . The containers shall remain sealed until the oil is withdrawn by the purchaser. The security shall be in cash or in the form of a guarantee issued by an institution satisfying the criteria laid down by the Member State in which it is Article 8 situated .

The security shall be released if no sale is made to the 1 . The purchaser is required to withdrawn, in each period of 30 days, at least 10 % and at most 20 % of party concerned. It shall likewise be released when the contract of sale is concluded . the purchased quantity. The withdrawal of the oil shall commence on 15 5. The purchaser shall , at the time the contract of March 1981 . sale is concluded, provide a guarantee for AIMA that the contract will be executed . 2 . If each lot is not withdrawn within the said time limits : This guarantee shall be equal to the amount payable by the buyer plus 10 % and shall be given by an insti­ (a) the oil shall remain in storage at the purchaser's tution satisfying the criteria laid down by the Member risk ; State in which it is situated . The guarantee shall be (b) the purchaser shall pay AIMA a sum for storage released when the purchaser provides proof that the calculated on the basis of the quantity to be with­ obligations under the contract have been complied with . drawn and an amount equal to Lit 1 700 per 100 kilograms for each period or part period of 30 days of additional storage . Article 6

Article 9 1 . Sales shall commence on the 10th day following posting of the notice of sale . Sales shall be carried out in the order of submission of applications to purchase, The purchaser shall pay AIMA the purchase price for until the lots put up for sale are all disposed of. each lot of oil withdrawn , not later than the end of the fifth month following that in which the quantity If applications to purchase are submitted on the same concerned was withdrawn according to the provisions day for the same lot, AIMA shall designate as of Article 8 ( 1 ).

13 . 1 . 81 Official Journal of the European Communities No L 11 /7

Article 10 2. Should the payment for the quantities purchased be made after the expiry of the period laid down in 1 . with regard to finance by the Guarantee Section Article 9, the interest on overdue payment shall be of the EAGGF, the quantities covered by the sale charged to the buyer. referred to in this Regulation shall be considered to have been withdrawn from intervention, — in respect of the interest charges referred to in Article 11 Article 5 of Regulation (EEC) No 1883/78 , on the day of payment, — in respect of other expenditure and receipts to be This Regulation shall enter into force on the day of its entered in the account, on the day of their with­ publication in the Official Journal of the European drawal from intervention . Communities.

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

Done at Brussels, 12 January 1981 .

For the Commission Finn GUNDELACH Member of the Commission