31981R1878

No L 187 / 16 Official Journal of the European Communities 9 . 7 . 81

COMMISSION REGULATION (EEC) No 1878/81 of 7 July 1981 opening a standing invitation to tender for the sale for export of olive oil held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN if oil subject of an award by tender under this Regula­ COMMUNITIES, tion were to be exported in bulk to these two coun­ tries, it might well damage this traditionl export Having regard to the Treaty establishing the European trade ; whereas to guard against this danger export­ ation in bulk or in immediate containers of a net Economic Community, content of more than five litres should be allowed only to countries other than the United States of Having regard to Council Regulation No 136/66/EEC America and Canada ; of 22 September 1966 on the establishment of a common organization of the market in oils and fats (!), as last amended by Regulation (EEC) No Whereas Article 20 of Commission Regulation (EEC) 3454/80 (2), and in particular Article 1 2 (4) thereof, No 2730/79 of 29 November 1979 laying down common detailed rules for the application of the Having regard to Council Regulation (EEC) No 5/81 system of export refunds on agricultural products (7), of 1 January 1981 laying down the general rules for as last amended by Regulation (EEC) No 1607/80 (8), the system of accession compensatory amounts for specifies the evidence required to prove importation olive oil (3), and in particular Article 7 thereof, into non-Community countries ;

Whereas Article 2 of Council Regulation (EEC) No Whereas Commission Regulation (EEC) No 2566/79 2754/78 (4) provides that olive oil held by the interven­ of 15 November 1979 on the country nomenclature tion agencies is to be put up for sale by tender ; for the external trade statistics of the Community and statistics of trade between Member States (9) lists the Whereas, pursuant to Article 12 ( 1 ) of Regulation No non-member countries of Europe, Africa and the Near 136/66/EEC, the Italian intervention agency has and Middle East ; bought in, since the 1975/76 marketing year, large quantities of olive oil ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas Commission Regulation (EEC) No ment Committee for Oils and Fats, 2960/77 (5), as last amended by Regulation (EEC) No 3473/80 (6), laid down the conditions for the sale by tender of olive oil for the Community market and for export ; whereas at the present time there exist oppor­ tunities for exporting edible virgin olive oil ; whereas, HAS ADOPTED THIS REGULATION : therefore, the said oil should be put up for sale under a standing invitation to tender ;

Whereas the minimum selling price is so fixed that Article 1 the Community operators enjoy equal conditions of competition with operators in non-member countries ; 1 . The Italian intervention agency 'Azienda di Stato whereas, accordingly, oil should under this Regulation per gli interventi nel mercato agricolo', hereinafter qualify neither for the export refund provided for in referred to as 'AIMA', shall open a standing invitation Article 20 of Regulation No 136/66/EEC nor for the to tender in accordance with the provisions of this consumption aid provided for in Article 11 of the Regulation and of Regulation (EEC) No 2960/77 for same Regulation ; the sale for export of about 1 2 000 tonnes of extra quality virgin olive oil out of intervention purchases Whereas there is an established export trade in olive made during the 1980/81 olive oil marketing year at a oil put up in small containers from the Community to rate of 2 000 tonnes per month, this latter quantity the United States of America and to Canada ; whereas being increased the following month by any quantity of olive oil remaining unsold from the previous invita­ f 1 ) OJ No 172, 30 . 9 . 1966, p. 3025/66 . tions to tender. (2) OJ No L 360, 31 . 12. 1980, p. 1 . (3 OJ No L 1 , 1 . 1 . 1981 , p. 8 . (4) OJ No L 331 , 28 . 11 . 1978, p. 13 . (7) OJ No L 317, 12. 12. 1979, p. 1 . (5) OJ No L 348 , 30 . 12. 1977, p. 46 . (8) OJ No L 160, 26. 6 . 1980, p. 42. (6) OJ No L 363 , 31 . 12. 1980, p. 49. H OJ No L 294, 21 . 11 . 1979, p. 5.

9 . 7 . 81 Official Journal of the European Communities No L 187/ 17

2. The quantities of olive oil awarded shall not be A list of the lots put up for sale and a list of the lots exported in bulk or in immediate containers of a net remaining unsold from the previous invitations to content of more than five litres to the United States of tender shall be displayed at the head office of AIMA America or Canada . not later than the seventh day of each month.

Article 2 Article 7 The invitation to tender shall be made public on 10 July 1981 . The security referred to in Article 7 of Regulation (EEC) No 2960/77 shall be 9-50 ECU per 100 Particulars of the lots of oil offered for sale and the kilograms. places where they are stored shall be displayed at the head office of AIMA, Via Palestro 81 , Rome, Italy. A The security referred to in Article 1 2 (3) of Regulation copy of the invitation to tender referred to above shall (EEC) No 2960/77 shall be 145 ECU per 100 kilo­ be sent without delay to the Commission. grams of olive oil.

Article 3 For the purposes of applying the provisions of Article 1 (2), the security referred to in the second subpara­ The first series of tenders must reach AIMA, Via graph of this Article shall not be released in the event Palestro 81 , Rome, Italy, not later than 2 p.m. (local of olive oil being exported in bulk or in immediate containers of a net content of more than five litres time) on 22 July 1981 . unless proof is provided that the oil was imported into a non-member country other than the United States Subsequent series of tenders must be lodged by 2 p.m . on : of America or Canada, except in cases where it has been destroyed during transport as a result of force — 20 August 1981 , majeure, or that it has been used for supplies as indi­ cated in Article 5 of Regulation (EEC) No 2730/79. — 23 September 1981 , — 21 October 1981 , The Member States may, however, exempt the — 20 November 1981 , exporter from producing the documentary evidence, — 15 December 1981 . other than the transport document, specified in Article 20 of Regulation (EEC) No 2730/79 in the case of a transaction where there is reasonable Article 4 certainty of arrival at destination of products for which a declaration of export to a non-member country in Not later than three days after the expiry of each time Europe, Africa, or the Near or Middle East, listed in limit laid down for the submission of tenders, AIMA Regulation (EEC) No 2566/79, was made. shall send the Commission a list, without mentioning names, stating the highest tender received for each lot In the case of export of oil in bulk, the security put up for sale. referred to in the second subparagraph shall be forfeit up to the amount of the accession compensatory amount applicable in trade between Greece and the Article 5 other Member States, if the party concerned does not provide proof that it has not received the compensa­ The minimum selling price shall be fixed, in accord­ tory amount. ance with the procedure laid down in Article 38 of Regulation No 136/66/EEC, on the basis of the tenders received, not later than the last working day of Article 8 the month during which the tenders were submitted. The decision fixing the minimum selling price shall be notified forthwith to the Member State concerned . The storage charge provided for in Article 15 of Regu­ lation (EEC) No 2960/77 shall be Lit 2 000 per 100 kilograms. Article 6

The olive oil shall be sold by AIMA not later than the Article 9 seventh day of each month following that during which 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 storage with a list of the lots remaining unsold. Communities.

No L 187 / 18 Official Journal of the European Communities 9 . 7 . 81

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

Done at Brussels, 7 July 1981 .

For the Commission

The President Gaston THORN