31982R2984

No L 314/ 16 Official Journal of the European Communities 10 . 11 . 82

COMMISSION REGULATION (EEC) No 2984/82 of 9 November 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 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 141 3/82 (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 (J), as Having regard to Council Regulation (EEC) No 5/81 last amended by Regulation (EEC) No 202/82 (8), of 1 January 1981 laying down the general rules for specifies the evidence required to prove importation the system of the corrective amount for olive oil (3), into non-Community countries ; 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 Greek intervention agency has bought in, since the 1980/81 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 1852/82 (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 Greek intervention agency 'Ypiresia Diachi­ riseos Agoron Georgikon Proionton', hereinafter Whereas the minimum selling price is so fixed that referred to as 'Ydagep', 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 : qualify neither for the export refund provided for in Article 20 of Regulation No 136/66/ EEC nor for the — approximately 10 000 tonnes of fine virgin olive consumption aid provided for in Article 1 1 of the oil from intervention purchases made during the same Regulation ; 1980/81 and 1981 / 82 marketing years, — approximately 7 500 tonnes of olive residue oil Whereas there is an established export trade in olive from intervention purchases made during the oil put up in small containers from the Community to 1980/81 and 1981 /82 marketing years. the United States of America and to Canada ; whereas if oil subject of an award by tender under this Regula­ Approximately one-fifth of these quantities will be put on sale each month together with any unsold from the (>) OJ No 172, 30 . 9 . 1966, p . 3025/ 66 . previous invitations to tender. (2) OJ No L 162, 12. 6 . 1982, p . 6 . (3) OJ No L 1 , 1 . 1 . 1981 , p . 8 . H OJ No L 331 , 28 . 11 . 1978 , p . 13 . o OJ No L 317, 12. 12. 1979 , p. 1 . ( 5) OJ No L 348 , 30 . 12. 1977, p. 46. (8) OJ No L 21 , 29 . 1 . 1982, p . 23 . (6) OJ No L 203 , 10 . 7 . 1982, p . 17. 0 OJ No L 294, 21 . 11 . 1979 , p. 5 .

10 . 11 . 82 Official Journal of the European Communities No L 314 / 17

Article 7 2. The quantities of olive oil awarded shall not be exported in bulk or in immediate containers of a net content of more than five litres to the United States of The olive oil shall be sold by Ydagep not later than America or Canada . the seventh day of each month following that during which the tenders were submitted . Article 2 Ydagep shall supply the agencies responsible for storage with a list of the lots remaining unsold. The invitation to tender shall be made public on 9 November 1982 . A list of the lots put up for sale and a list of the lots Particulars of the lots of oil offered for sale and the remaining unsold from the previous invitations to places where they are stored shall be displayed at the tender shall be displayed at the head office of Ydagep head office of Ydagep, 5 Acharnon Street, Athens, not later than the seventh day of each month . Greece . Article 8 A copy of the invitation to tender referred to above shall be sent without delay to the Commission . The security referred to in Article 7 of Regulation (EEC)- No 2960 /77 shall be 9-50 ECU per 100 kilo­ Article 3 grams . The first series of tenders must reach Ydagep, 5 The security referred to in Article 12 (3) of Regulation Acharnon Street, Athens, Greece, not later than 2 p.m . (EEC) No 2960/ 77 shall be 170 ECU per 100 kilo­ (local time) on 23 November 1982. grams of olive oil . Subsequent series of tenders must be lodged by 2 p.m . on : For the purposes of applying the - provisions of Article 1 (2), the security referred to in the second subpara­ — 17 December 1982, graph of this Article shall not be released in the event — 21 January 1983 , of olive oil being exported in bulk or in immediate — 22 February 1983 , containers of a net content of more than five litres — 23 March 1983 . unless proof is provided that the oil was imported into a non-member country other than the United States of Article 4 America or Canada, except in cases where it has been destroyed during transport as a result of force majeure 1 . With regard to olive residue oil, tenders shall be or that it has been used for supplies as indicated in made for an oil of 5° acidity . Article 5 of Regulation (EEC) No 2730/ 79 . 2. Where the oil awarded has a different degree of The Member States may, however, exempt the exporter acidity from that for which the tender was submitted, from producing the documentary evidence, other than the price to be paid shall be equal to the price the transport document, specified in Article 20 of tendered , reduced in accordance with the scale below : Regulation ( EEC) No 2730/79 , in the case of a trans­ — above 5° up to 8° acidity : action where there is reasonable certainty of arrival at reduction of Dr 93 for each degree or fraction of destination of products for which a declaration of degree of acidity above 5° , export to a non-member country in Europe, Africa, or — above 8 : the Near or Middle East, listed in Regulation (EEC) No 2566/ 79 , was made . additional reduction of Dr 113 for each degree or fraction of degree above 8° . In the case of export of oil in containers of a net content not exceeding five litres, the security referred Article 5 to in the second subparagraph shall be forfeit up to the amount of the corrective amount, if the party Not later than three days after the expiry of each time concerned does not provide proof that it has not limit laid down for the submission of tenders, Ydagep received such amount . shall send the Commission a list, without mentioning names, stating the highest tender received for each lot Article 9 put up for sale.

The storage charge provided for in Article 1 5 of Regu­ Article 6 lation (EEC) No 2960/77 shall be Dr 150 per 100 kilo­ The minimum selling price shall be fixed, in accor­ grams . 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.

No L 314/ 18 Official Journal of the European Communities 10 . 11 . 82

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