31983R1341
No L 139 /34 28 . 5 . 83 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 1341/83 of 26 May 1983 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 tion in bulk or in immediate containers of a net Having regard to the Treaty establishing the European 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) No 2730/79 of 29 November 1979 laying down as last amended by Regulation (EEC) No 1413/82 (2), common detailed rules for the application of the and in particular Article 12 (4) thereof, system of export refunds on agricultural products Q, as last amended by Regulation (EEC) No 519/83 (8), Having regard to Council Regulation (EEC) No 5/81 specifies the evidence required to prove importation of 1 January 1981 laying down the general rules for into non-Community countries ; the system of the corrective amount for olive oil (3), and in particular Article 7 thereof, Whereas Commission Regulation (EEC) No 2566/79 of 15 November 1979 on the country nomenclature Whereas Article 2 of Council Regulation (EEC) No for the external trade statistics of the Community and 2754/78 (4) provides that olive oil held by the interven statistics of trade between Member States (9) lists the tion agencies is to be put up for sale by tender ; non-member countries of Europe, Africa and the Near and Middle East ; Whereas, pursuant to Article 12 ( 1 ) of Regulation No 136/66/EEC, the Italian intervention agency has Whereas the measures provided for in this Regulation bought in, since the 1975/76 marketing year, large are in accordance with the opinion of the Management quantities of olive oil ; Committee for Oils and Fats,
Whereas Commission Regulation (EEC) No 2960/77 (*), as last amended by Regulation (EEC) No HAS ADOPTED THIS REGULATION : 1 852/82 (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 Article 1 tunities for exporting edible virgin olive oil ; whereas, therefore, the said oil should be put up for sale under a 1 . The Italian intervention agency 'Azienda di Stato standing invitation to tender ; per gli interventi nel mercato agricolo', hereinafter referred to as 'AIMA', shall open a standing invitation Whereas the minimum selling price is so fixed that to tender in accordance with the provisions of this the Community operators enjoy equal conditions of Regulation and of Regulation (EEC) No 2960/77 for competition with operators in non-member countries ; the sale for export of : whereas, accordingly, oil should under this Regulation — approximately 4 500 tonnes of virgin olive oil, qualify neither for the export refund provided for in extra, Article 20 of Regulation No 136/66/EEC nor for the — approximately 4 500 tonnes of olive residue oil. consumption aid provided for in Article 1 1 of the same Regulation ; Unsold quantities from a tender will be put on sale at the following tender. Whereas there is an established export trade in olive 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 America or Canada . (') OJ No 172, 30 . 9 . 1966, p. 3025/66. (2) OJ No L 162, 12. 6. 1982, p. 6. 3) OJ No L 1 , 1 . 1 . 1981 , p. 8 . (4) OJ No L 331 , 28 . 11 . 1978 , p . 13 . O OJ No L 317, 12. 12. 1979, p. 1 . O OJ No L 348 , 30 . 12. 1977, p. 46. (8) OJ No L 58 , 5 . 3 . 1983, p . 5 . (6) OJ No L 203 , 10 . 7 . 1982, p. 17. O OJ No L 294, 21 . 11 . 1979 , p. 5.
28 . 5. 83 Official Journal of the European Communities No L 139/35
Article 2 AIMA shall supply the agencies responsible for storage with a list of the lots remaining unsold. The invitation to tender shall be made public on 2 June 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 AIMA head office of AIMA, via Palestro 81 , Rome, Italy. not later than the seventh day of each month .
A copy of the invitation to tender referred to above shall be sent without delay to the Commission. Article 8
Article 3 The security referred to in Article 7 of Regulation (EEC) No 2960/77 shall be 9,50 ECU per 100 kilo The first series of tenders must reach AIMA, via grams . Palestro 81 , Rome, Italy, not later than 2 p.m . (local time) on 24 June 1983 . The security referred to in Article 12 (3) of Regulation Subsequent series of tenders must be lodged by 2 p.m. (EEC) No 2960/77 shall be 170 ECU per 100 kilo on : grams of olive oil, extra, and 120 ECU per 100 kilo grams of olive residue oil. — 22 July 1983, — 25 August 1983, For the purposes of applying the provisions of Article — 24 September 1983, 1 (2), the security referred to in the second subpara — 21 October 1983 . graph of this Article shall not be released in the event of olive oil being exported in bulk or in immediate Article 4 containers of a net content of more than five litres 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 2. Where the oil awarded has a different degree of destroyed during transport as a result of force majeure acidity from that for which the tender was submitted, or that it has been used for supplies as indicated in the price to be paid shall be equal to the price Article 5 of Regulation (EEC) No 2730/79 . tendered, reduced in accordance with the scale below : The Member States may, however, exempt the exporter — above 5° up to 8° acidity : from producing the documentary evidence, other than reduction of Lit 1 805 for each degree or fraction the transport document, specified in Article 20 of of degree of acidity above 5° , Regulation (EEC) No 2730/79, in the case of a trans — above 8° : action where there is reasonable certainty of arrival at additional reduction of Lit 2 191 for each degree or destination of products for which a declaration of fraction of degree above 8° . export to a non-member country in Europe, Africa, or the Near or Middle East, listed in Regulation (EEC) Article 5 No 2566/79 , was made .
Not later than three days after the expiry of each time In the case of export of oil in bulk, the security limit laid down for the submission of tenders, AIMA referred to in the second subparagraph shall be forfeit shall send the Commission a list, without mentioning up to the amount of the corrective amount applicable names, stating the highest tender received for each lot in trade between Greece and the other Member States, put up for sale. if the party concerned does not provide proof that it has not received such amount. Article 6
The minimum selling price shall be fixed, in accor Article 9 dance with the procedure laid down in Article 38 of Regulation No 136/66/EEC, on the basis of the The storage charge provided for in Article 1 5 of Regu tenders received, not later than the last working day of lation (EEC) No 2960/77 shall be Lit 3 500 per 100 the month during which the tenders were submitted. kilograms. The decision fixing the minimum selling price shall be notified forthwith to the Member State concerned . Article 10 Article 7 The olive oil shall be sold by AIMA not later than the This Regulation shall enter into force on the day of its seventh day of each month following that during publication in the Official Journal of the European Communities. which the tenders were submitted .
No L 139 / 36 Official Journal of the European Communities 28 . 5 . 83
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 26 May 1983.
For the Commission Poul DALSAGER Member of the Commission