31982R2983

10 . 11 . 82 Official Journal of the European Communities No L 314 / 13

COMMISSION REGULATION (EEC) No 2 983/ 82 of 9 November 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 in bulk or in immediate containers of a net COMMUNITIES , content of more than five litres should be allowed only to countries other than the United States of America Having regard to the Treaty establishing the European and Canada ; Economic Community, Whereas Article 20 of Commission Regulation (EEC) Having regard to Council Regulation No 136/66/EEC No 2730/79 of 29 November 1979 laying down of 22 September 1966 on the establishment of a common detailed rules for the application of the common organization of the market in oils and fats ('), system of export refunds on agricultural products f), as as last amended by Regulation (EEC) No 1413/82 (2), last amended by Regulation (EEC) No 2646/81 (8), and in particular Article 12 (4) thereof, specifies the evidence required to prove importation into non-Community countries ; Having regard to Council Regulation (EEC) No 5/81 of 1 January 1981 laying down the general rules for Whereas Commission Regulation (EEC) No 2566/79 the system of the corrective amount for olive oil (3), of 15 November 1979 on the country nomenclature and in particular Article 7 thereof, for the external trade statistics of the Community and Whereas Article 2 of Council Regulation (EEC) No statistics of trade between Member States (9) lists the 2754/78 (4) provides that olive oil held by the interven­ non-member countries of Europe, Africa and the Near and Middle East ; tion agencies is to be put up for sale by tender ;

Whereas, pursuant to Article 12 ( I ) of Regulation No Whereas the measures provided for in this Regulation 136/66/ EEC, the Italian intervention agency has are in accordance with the opinion of the Management bought in, since the 1975/76 marketing year, large Committee for Oils and Fats, quantities of olive oil ;

Whereas Commission Regulation (EEC) No HAS ADOPTED THIS REGULATION : 2960/77 (s), as last amended by Regulation (EEC) No 1852/82 (6), laid down the conditions for the sale by tender of olive oil for the Community market and for Article 1 export ; whereas at the present time there exist oppor­ 1 . The Italian intervention agency 'Azienda di Stato tunities for exporting edible virgin olive oil ; whereas, per gli interventi nel mercato agricolo', hereinafter therefore, the said oil should be put up for sale under a referred to as 'AIMA', shall open a standing invitation standing invitation to tender ; to tender in accordance with the provisions of this Whereas the minimum selling price is so fixed that Regulation and of Regulation (EEC) No 2960/77 for the Community operators enjoy equal conditions of the sale for export of : competition with operators in non-member countries ; — approximately 1 0 000 tonnes of fine virgin olive whereas, accordingly, oil should under this Regulation oil from intervention purchases made during the qualify neither for the export refund provided for in 1980/ 81 and 1981 / 82 marketing years, Article 20 of Regulation No 136/ 66/ EEC nor for the — approximately 7 500 tonnes of olive residue oil consumption aid provided for in Article ] ] of the from intervention purchases made during the same Regulation ; 1980/81 and 1981 / 82 marketing years, Whereas there is an established export trade in olive oil put up in small containers from the Community to Approximately one-fifth of these quantities will be put the United States of America and to Canada ; whereas on sale each month together with any unsold quanti­ if oil subject of an award by tender under this Regula­ ties from the previous invitations to tender. tion were to be exported in bulk to these two coun­ tries, it might well damage this traditional export 2 . The quantities of olive oil awarded shall not be trade ; whereas, to guard against this danger, exporta­ 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 162, 12 . 6 . 1982, p . 6 . (3) OJ No L 1 , 1 . 1 . 1981 , p . 8 . (") OJ No L 331 , 28 . II . 1978 , p . 13 . O OJ No L 317, 12. 12. 1979, p . 1 . 0 OJ No L 348 , 30 . 12 . 1977, p . 46 . (8) OJ No L 259 , 12. 9 . 1981 , p . 10 . (fc) OJ No L 203, 10 . 7 . 1982, p . 17 . O OJ No L 294, 21 . 11 . 1979 , p . 5 .

No L 314/ 14 Official Journal of the European Communities 10 . 11 . 82

Article2¶

The invitation to tender shall be made public on 9 The olive oil shall be sold by AIMA not later than the November 1982 . seventh day of each month following that during which the tenders were submitted . Particulars of the lots of oil offered for sale and the AIMA shall supply the agencies responsible for storage places where they are stored shall be displayed at the head office of AIMA, via Palestro 81 , Rome, Italy. with a list of the lots remaining unsold.

A list of the lots put up for sale and a list of the lots A copy of the invitation to tender referred to above remaining unsold from the previous invitations to shall be sent without delay to the Commission . tender shall be displayed at the head office of AIMA not later than the seventh day of each month . Article 3 Article 8 The first series of tenders must reach AIMA, via Palestro 81 , Rome, Italy, not later than 2 p.m . (local The security referred to in Article 7 of Regulation time) on 23 November 1982. (EEC) No 2960/77 shall be 9-50 ECU per 100 kilo­ grams . Subsequent series of tenders must be lodged by 2 p.m . on : The security referred to in Article 12 (3) of Regulation (EEC) No 2960/77 shall be 170 ECU per 100 kilo­ — 17 December 1982, grams of olive oil . — 21 January 1983 , For the purposes of applying the provisions of Article — 22 February 1983 , 1 (2), the security referred to in the second subpara­ — 23 March 1983 . graph of this Article shall not be released in the event of olive oil being exported in bulk or in immediate containers of a net content of more than five litres Article 4 unless proof is provided that the oil was imported into 1 . With regard to olive residue oil, tenders shall be a non-member country other than the United States of made for an oil of 5° acidity . America or Canada, except in cases where it has been destroyed during transport as a result of force majeure 2. Where the oil awarded has a different degree of or that it has been used for supplies as indicated in acidity from that for which the tender was submitted, Article 5 of Regulation (EEC) No 2730 /79 . the price to be paid shall be equal to the price tendered , reduced in accordance with the scale below : The Member States may, however, exempt the exporter from producing the documentary evidence, other than — above 5° up to 8° acidity : the transport document, specified in Article 20 of reduction of Lit 1 805 for each degree or fraction Regulation (EEC) No 2730/79 , in the case of a trans­ of degree of acidity above 5° , action where there is reasonable certainty of arrival at destination of products for which a declaration of — above 8 : export to a non-member country in Europe, Africa, or additional reduction of Lit 2 191 for each degree or the Near or Middle East, listed in Regulation (EEC) fraction of degree above 8° . No 2566/ 79 , was made .

In the case of export of oil in bulk, the security Article 5 referred to in the second subparagraph shall be forfeit up to the amount of the corrective amount applicable Not later than three days after the expiry of each time in trade between Greece and the other Member States, limit laid down for the submission of tenders, AIMA if the party concerned does not provide proof that it shall send the Commission a list, without mentioning has not received such amount . names, stating the highest tender received for each lot put up for sale . Article 9

Article 6 The storage charge provided for in Article 1 5 of Regu­ lation ( EEC) No 2960 /77 shall be Lit 3 500 per 100 The minimum selling price shall be fixed, in accor­ kilograms . dance with the procedure laid down in Article 38 of Regulation No 136/ 66/ EEC , on the basis of the Article 10 tenders received, not later than the last working day of the month during which the tenders were submitted . This Regulation shall enter into force on the day of its The decision fixing the minimum selling price shall publication in the Official Journal of the European be notified forthwith to the Member State concerned . Communities.

10 . 11 . 82 Official Journal of the European Communities No L 314/ 15

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

Done at Brussels, 9 November 1982 .

For the Commission Poul DALSAGER Member of the Commission