31982R1290

No L 149 / 16 Official Journal of the European Communities 28 . 5 . 82

COMMISSION REGULATION (EEC) No 1290/82 of 27 May 1982 opening a standing invitation to tender for the sale for export of olive oil held by the Greek intervention agency

THE COMMISSION OF THE EUROPEAN the United States of America and to Canada ; whereas COMMUNITIES, if oil subject of an award by tender under this Regula­ tion were to be exported in bulk to these two coun­ tries, it might well damage this traditional export Having regard to the Treaty establishing the European Economic Community, trade ; whereas, to guard against this danger, exporta­ tion in bulk or in immediate containers of a net content of more than five litres should be allowed only Having regard to Council Regulation No 136/66/EEC to countries other than the United States of America of 22 September 1966 on the establishment of a and Canada ; common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 3454/80 (2), and in particular Article 12 (4) thereof, Whereas Article 20 of Commission Regulation (EEC) 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 Q, as of 1 January 1981 laying down the general rules for last amended by Regulation (EEC) No 202/82 (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 Greek intervention agency has and Middle East ; bought in, since the 1980/81 marketing year, large quantities of olive oil ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Whereas Commission Regulation (EEC) No Committee for Oils and Fats, 2960/77 (*), 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 ; Article 1 Whereas the minimum selling price is so fixed that the Community operators enjoy equal conditions of 1 . The Greek intervention agency 'Ypiresia Diachi­ competition with operators in non-member countries ; riseos Agoron Georgikon Proionton', hereinafter whereas accordingly, oil should under this Regulation referred to as 'Ydagep', shall open a standing invitation qualify neither for the export refund provided for in to tender in accordance with the provisions of this Article 20 of Regulation No 136/66/EEC nor for the Regulation and of Regulation (EEC) No 2960/77 for consumption aid provided for in Article 11 of the the sale for export of about 6 000 tonnes of extra same Regulation ; quality virgin olive oil out of intervention purchases made during the 1980/81 olive oil marketing year at a Whereas there is an established export trade in olive rate of 1 200 tonnes per month, this latter quantity oil put up in small containers from the Community to being increased the following month by any quantity of olive oil remaining unsold from the previous invita­ (') OJ No 172, 30 . 9. 1966, p. 3025/66. tions to tender. 0 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 . O OJ No L 348, 30. 12. 1977, p. 46. 0 OJ No L 21 , 29. 1 . 1982, p. 23 . (s) OJ No L 363, 31 . 12. 1980, p. 49. 0 OJ No L 294, 21 . 11 . 1979, p. 5.

28 . 5 . 82 Official Journal of the European Communities No L 149/ 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 Ydagep America or Canada . not later than the seventh day of each month.

Article2¶

The invitation to tender shall be made public on 7 June 1982. The security referred to in Article 7 of Regulation (EEC) No 2960/77 shall be 9-50 ECU per 100 kilo­ Particulars of the lots of oil offered for sale and the grams . places where they are stored shall be displayed at the head office of Ydagep, 5 Acharnon Street, Athens, The security referred to in Article 12 (3) of Regulation Greece. A copy of the invitation to tender referred to (EEC) No 2960/77 shall be 165 ECU per 100 kilo­ above shall be sent without delay to the Commission. grams of olive oil.

For the purposes of applying the provisions of Article Article 3 1 (2), the security referred to in the second subpara­ graph of this Article shall not be released in the event The first series of tenders must reach Ydagep, 5 of olive oil being exported in bulk or in immediate Acharnon Street, Athens, Greece, not later than 2 p.m. containers of a net content of more than five litres (local time) on 23 June 1982. unless proof is provided that the oil was imported into a non-member country other than the United States of Subsequent series of tenders must be lodged by 2 p.m. America or Canada, except in cases where it has been on : destroyed during transport as a result of force majeure or that it has been used for supplies as indicated in — 23 July 1982, Article 5 of Regulation (EEC) No 2730/79. — 23 August 1982, — 23 September 1982, — 22 October 1982 . The Member States may, however, exempt the exporter from producing the documentary evidence, other than the transport document, specified in Article 20 of Regulation (EEC) No 2730/79 in the case of a transac­ Article 4 tion where there is reasonable certainty of arrival at destination of products for which a declaration of Not later than three days after the expiry of each time export to a non-member country in Europe, Africa, or limit laid down for the submission of tenders. Ydagep the Near or Middle East, listed in Regulation (EEC) shall send the Commission a list, without mentioning No 2566/79 was made. names, stating the highest tender received for each lot put up for sale. In the case of export of oil in containers of a net content not exceeding five litres, the security referred to in the second subparagraph shall be forfeit up to Article 5 the amount of the accession compensatory amount, if the party concerned does not provide proof that it has The minimum selling price shall be fixed, in accor­ not received the compensatory amount. dance 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 the month during which the tenders were submitted. Article 8 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 Dr 150 per 100 kilo­ grams . Article 6

The olive oil shall be sold by Ydagep not later than Article 9 the seventh day of each month following that during which the tenders were submitted. This Regulation shall enter into force on the day of its Ydagep 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 149/ 18 Official Journal of the European Communities 28 . 5 . 82

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

Done at Brussels, 27 May 1982. For the Commission Poul DALSAGER Member of the Commission