31982R1079

7 . 5 . 82 Official Journal of the European Communities No L 125/ 19

COMMISSION REGULATION ( EEC) No 1079/82 of 6 May 1982 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 tion were to be exported in bulk to these two coun­ COMMUNITIES , tries, it might well damage this traditional export trade ; whereas, to guard against this danger, exporta­ Having regard to the Treaty establishing the European tion 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 America Having regard to Council Regulation No 136/66/EEC and Canada ; of 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), Whereas Article 20 of Commission Regulation (EEC) as last amended by Regulation (EEC) No 3454/80 (2), No 2730/79 of 29 November 1979 laying down and in particular Article 12 (4) thereof, common detailed rules for the application of the system of export refunds on agricultural products Q, as Having regard to Council Regulation (EEC) No 5/81 last amended by Regulation (EEC) No 2646/81 (8), of 1 January 1981 laying down the general rules for specifies the evidence required to prove importation the system of accession compensatory amounts for into non-Community countries ; olive oil (3), and in particular Article 7 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 (4) 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 (9) 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 Management Committee for Oils and Fats, Whereas Commission Regulation (EEC) No 2960/77 (*), as last amended by Regulation (EEC) No 3473/80 (6), laid down the conditions for the sale by HAS ADOPTED THIS REGULATION : 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, Article 1 therefore, the said oil should be put up for sale under a standing invitation to tender ; 1 . The Italian intervention agency 'Azienda di Stato per gli interventi nel mercato agricolo', hereinafter Whereas the minimum selling price is so fixed that referred to as 'AIMA', shall open a standing invitation the Community operators enjoy equal conditions of to tender in accordance with the provisions of this competition with operators in non-member countries ; Regulation and of Regulation (EEC) No 2960/77 for whereas, accordingly, oil should under this Regulation the sale for export of about 9 000 tonnes of extra qualify neither for the export refund provided for in quality virgin olive oil out of intervention purchases Article 20 of Regulation No 136/66/ EEC nor for the made during the 1979/ 80 and 1980/81 olive oil consumption aid provided for in Article 1 1 of the marketing years at a rate of 1 500 tonnes per month, same Regulation ; this latter quantity being increased the following month by any quantity of olive oil remaining unsold Whereas there is an established export trade in olive from the previous invitations to tender. oil put up in small containers from the Community to the United States of America and to Canada ; whereas 2. The quantities of olive oil awarded shall not be if oil subject of an award by tender under this Regula­ exported in bulk or in immediate containers of a net content of more than five litres to the United States of (') OJ No 172, 30 . 9. 1966, p. 3025/66. America or Canada . (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 . 0 OJ No L 317, 12. 12. 1979, p . 1 . (*) OJ No L 348 , 30 . 12. 1977, p . 46 . (■) OJ No L 259, 12. 9 . 1981 , p. 10 . (6) OJ No L 363, 31 . 12. 1980, p. 49 . 0 OJ No L 294, 21 . 11 . 1979, p . 5 .

No L 125/20 Official Journal of the European Communities 7 . 5 . 82

Article 2 tender shall be displayed at the head office of AIMA not later than the seventh day of each month . The invitation to tender shall be made public on 10 May 1982. Article 7 Particulars of the lots of oil offered for sale and the The security referred to in Article 7 of Regulation places where they are stored shall be displayed at the (EEC) No 2960/77 shall be 9-50 ECU per 100 kilo­ head office of AIMA, via Palestro 81 , Rome, Italy. grams . A copy of the invitation to tender referred to above The security referred to in Article 1 2 (3) of Regulation shall be sent without delay to the Commission . ( EEC) No 2960/77 shall be 165 ECU per 100 kilo­ grams of olive oil . Article 3 For the purposes of applying the provisions of Article The first series of tenders must reach AIMA, Via 1 (2), the security referred to in the second subpara­ Palestro 81 , Rome, Italy, not later than 2 p.m . (local graph of this Article shall not be released in the event time) on 24 May 1982. of olive oil being exported in bulk or in immediate Subsequent series of tenders must be lodged by 2 p.m . containers of a net content of more than five litres on : unless proof is provided that the oil was imported into — 23 June 1982, a non-member country other than the United States of America or Canada, except in cases where it has been — 23 July 1982, destroyed during transport as a result of force majeure — 23 August 1982, or that it has been used for supplies as indicated in — 23 September 1982, Article 5 of Regulation (EEC) No 2730/79 . — 22 October 1982. The Member States may, however, exempt the exporter Article 4 from producing the documentary evidence, other than the transport document, specified in Article 20 of Not later than three days after the expiry of each time limit laid down for the submission of tenders, AIMA Regulation (EEC) No 2730/79, in the case of a transac­ tion where there is reasonable certainty of arrival at shall send the Commission a list, without mentioning destination of products for which a declaration of names, stating the highest tender received for each lot export to a non-member country in Europe, Africa, or put up for sale. the Near or Middle East, listed in Regulation (EEC) Article 5 No 2566/ 79 , was made . The minimum selling price shall be fixed, in accor­ In the case of export of oil in bulk, the security dance with the procedure laid down in Article 38 of referred to in the second subparagraph shall be forfeit Regulation No 136/66/ EEC, on the basis of the up to the amount of the accession compensatory tenders received, not later than the last working day of amount applicable in trade between Greece and the the month during which the tenders were submitted . other Member States, if the party concerned does not The decision fixing the minimum selling price shall provide proof that it has not received the compensa­ be notified forthwith to the Member State concerned . tory amount . Article 6 Article 8 The storage charge provided for in Article 1 5 of Regu­ The olive oil shall be sold by AIMA not later than the lation (EEC) No 2960/77 shall be Lit 3 500 per 100 seventh day of each month following that during which the tenders were submitted . kilograms .

Article 9 AIMA shall supply the agencies responsible for storage with a list of the lots remaining unsold . This Regulation shall enter into force on the day of its A list of the lots put up for sale and a list of the lots publication in the Official Journal of the European remaining unsold from the previous invitations to Com munities.

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

Done at Brussels , 6 May 1982.

For the Commission Poul DALSAGER Member of the Commission