31983R2501

7 . 9 . 83 Official Journal of the European Communities No L 247 / 5

COMMISSION REGULATION (EEC) No 2501 /83 of 6 September 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 Having regard to the Treaty establishing the European tries, it might well damage this traditional export 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 2041 /83 (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 5 000 tonnes of extra virgin oil, same Regulation ; — approximately 5 000 tonnes of fine virgin oil, Whereas there is an established export trade in olive — approximately 5 000 tonnes of virgin lampante oil oil put up in small containers from the Community to — approximately 5 000 tonnes of ordinary virgin oil, (') OJ No 172, 30 . 9 . 1966, p. 3025/66. — approximately 5 000 tonnes of olive residue oil. (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 . 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 . («) OJ No L 200, 23 . 7 . 1983, p . 25 . H OJ No L 294, 21 . 11 . 1979, p. 5 .

No L 247/6 7 . 9 . 83 Official Journal of the European Communities

B. Olive residue oil : Unsold quantities from a tender will be put on sale at the following tender. — above 5° up to 8° acidity : reduction of Dr 93 for each degree or fraction 2. The quantities of olive oil awarded shall not be of degree of acidity above 5° , exported in bulk or in immediate containers of a net content of more than five litres to the United States of — above 8° : America or Canada . additional reduction of Dr 113 for each degree or fraction of degree above 8° .

Article 2 Article 5 The invitation to tender shall be made public on 9 Not later than three days after the expiry of each time September 1983 . limit laid down for the submission of tenders, Ydagep shall send the Commission a list, without mentioning Particulars of the lots of oil offered for sale and the names, stating the highest tender received for each lot places where they are stored shall be displayed at the put up for sale . head office of Ydagep, 5 Acharmon Street, Athens, Greece . Article 6 A copy of the invitation to tender referred to above The minimum selling price shall be fixed, in accor­ shall be sent without delay to the Commission . dance with the procedure laid down in Article 38 of Regulation . No 136/66/EEC, on the basis of the Article 3 tenders received, not later than the last working day of the month during which the tenders were submitted. The first series of tenders must reach Ydagep, 5 The decision fixing the minimum selling price shall be notified forthwith to the Member State concerned. Acharnon Street, Athens, Greece, not later than 2 p.m. (local time) on 23 September 1983 . Article 7 Subsequent series of tenders must be lodged by 2 p.m. (local time) on : The olive oil shall be sold by Ydagep not later than the seventh day of each month following that during — 21 October 1983 , which the tenders were submitted . — 23 November 1983 , — 16 December 1983 . Ydagep shall supply the agencies responsible for storage with a list of the lots remaining unsold.

Article 4 A list of the lots put up for sale and a list of the lots remaining unsold from the previous invitations to 1 . With regard to virgin lampante olive oil, tenders tender shall be displayed at the head office of Ydagep shall be submitted for an oil of 5° acidity. not later than the seventh day of each month .

With regard to olive residue oil, tenders shall be Article 8 submitted for an oil of 5° acidity. The security referred to in Article 7 of Regulation 2. Where the oil awarded has a different degree of (EEC) No 2960/77 shall be 9,50 ECU per 100 kilo­ acidity from that for which the tender was submitted, grams . the price to be paid shall be equal to the price The security referred to in Article 12 (3) of Regulation tendered, increased or reduced in accordance with the scale below : (EEC) No 2960/77 shall be 170 ECU per 100 kilo­ grams of olive oil, extra, and 120 ECU per 100 kilo­ A. Virgin lampante olive oil : grams of olive residue oil .

— up to 5° acidity : For the purposes of applying the provisions of Article increase of Dr 160 for each degree or fraction 1 (2), the security referred to in the second paragraph of this Article shall not be released in the event of of degree of acidity below 5° , olive oil being exported in bulk or in immediate — above 5° up to 8° acidity : containers of a net content of more than five litres reduction of Dr 160 for each degree or fraction unless proof is provided that the oil was imported into of degree of acidity above 5° , a non-member country other than the United States of America or Canada, except in cases where it has been — above 8° : destroyed during transport as a result of force majeure additional reduction of Dr 213 for each degree or that it has been used for supplies as indicated in or fraction of degree above 8° . Article 5 of Regulation (EEC) No 2730/79 .

7 . 9 . 83 No L 247/7 Official Journal of the European Communities

The Member States may, however, exempt the exporter concerned does not provide proof that it has not received such amount. 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 trans­ Article 9 action where there is reasonable certainty of arrival at destination of products for which a declaration of The storage charge provided for in Article 1 5 of Regu­ export to a non-member country in Europe, Africa, or lation (EEC) No 2960/77 shall be Dr 150 per 100 kilo­ the Near or Middle East, listed in Regulation (EEC) grams . No 2566/79, was made. Article 10 In the case of export of oil in containers of a net content not exceeding five litres, the security referred This Regulation shall enter into force on the day of its to in the second paragraph shall be forfeit up to the publication in the Official Journal of the European Communities. amount of the corrective amount, if the party

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

Done at Brussels, 6 September 1983 .

For the Commission Poul DALSAGER Member of the Commission