31983R1188

19 . 5 . 83 No L 129/27 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1188 /83 of 18 May 1983 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 1413/82 (2), Whereas Article 20 of Commission Regulation (EEC) and in particular Article 12 (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 Q, as of 1 January 1981 laying down the general rules for last amended by Regulation (EEC) No 202/82 (8), the system of the corrective amount for olive oil (3), specifies the evidence required to prove importation 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 Committee for Oils and Fats, Whereas Commission Regulation (EEC) No 2960/77 (*), as last amended by Regulation (EEC) No 1 852/82 (6), laid down the conditions for the sale by tender of olive oil for the Community market and for HAS ADOPTED THIS REGULATION : export ; whereas at the present time there exist oppor­ tunities for exporting edible oil ; whereas, 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 1 . The Greek intervention agency 'Ypiresia Diachi­ the Community operators enjoy equal conditions of riseos Agoron Georgikon Proionton', hereinafter competition with operators in non-member countries ; referred to as 'Ydagep', shall open a standing invitation whereas, accordingly, oil should under this Regulation to tender in accordance with the provisions of this qualify neither for the export refund provided for in Regulation and of Regulation (EEC) No 2960/77 for Article 20 of Regulation No 136/66/EEC nor for the the sale for export of : consumption aid provided for in Article 11 of the — approximately 3 000 tonnes of extra virgin oil, same Regulation ; — approximately 4 500 tonnes of fine virgin oil, Whereas there is an established export trade in olive — approximately 6 000 tonnes of olive residue oil. oil put up in small containers from the Community to Unsold quantities from a tender will be put on sale at (') OJ No 172, 30 . 9 . 1966, p. 3025/66. the following tender. (*) OJ No L 162, 12. 6. 1982, p. 6. h) 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 . 0 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 .

No L 129/28 Official Journal of the European Communities 19 . 5 . 83

2. The quantities of olive oil awarded shall not be Article 7 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 lot? remaining unsold. The invitation to tender shall be made public on 20 May 1983 . 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 not later than the seventh day of each month . head office of Ydagep, 5 Acharnon Street, Athens, 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 Dr 632 per 100 kilograms. Article 3 The security referred to in Article 12 (3) of Regulation The first series of tenders must reach Ydagep, 5 (EEC) No 2960/77 shall be Dr 11 310 per 100 kilo­ Acharnon Street, Athens, Greece, not later than 2 p.m. grams of olive oil. (local time) on 10 June 1983. For the purposes of applying the provisions of Article Subsequent series of tenders must be lodged by 2 p.m . 1 (2), the security referred to in the second subpara­ (local time) on : graph of this Article shall not be released in the event — 23 June 1983, of olive oil being exported in bulk or in immediate containers of a net content of more than five litres — 21 July 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 1 . With regard to olive residue oil, tenders shall be destroyed during transport as a result of force majeure made for an oil of 5° acidity. or that it has been used for supplies as indicated in Article 5 of Regulation (EEC) No 2730/79. 2. Where the oil awarded has a different degree of acidity from that for which the tender was submitted, The Member States may, however, exempt the exporter the price to be paid shall be equal to the price from producing the documentary evidence, other than tendered, reduced in accordance with the scale below : the transport document, specified in Article 20 of 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 grams . The minimum selling price shall be fixed, in accor­ 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.

19 . 5 . 83 Official Journal of the European Communities No L 129/29

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

Done at Brussels, 18 May 1983 .

For the Commission Poul DALSAGER Member of the Commission