31984R0979

11 . 4. 84 No L 99 / 13 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 979/84 of 9 April 1984 opening an invitation to tender for the sale for export of olive oil held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN consumption aid provided for in Article 11 of the COMMUNITIES, same Regulation ;

Whereas there is an established export trade in olive Having regard to the Treaty establishing the European oil put up in small containers from the Community to Economic Community, the United States of America and to Canada ; whereas if oil subject of an award by tender under this Regula­ Having regard to Council Regulation No 136/66/EEC tion were to be exported in bulk to these two coun­ of 22 September 1966 on the establishment of a tries, it might well damage this traditional export common organization of the market in oils and fats ('), trade ; whereas, to guard against this danger, exporta­ as last amended by Regulation (EEC) No 1413/82 (2), tion in bulk or in immediate containers of a net and in particular Article 12 (4) thereof, content of more than five litres should be allowed only to countries other than the United States of America Having regard to Council Regulation (EEC) No 5/81 and Canada ; of 1 January 1981 laying down the general rules for the system of the accession compensatory amount for Whereas Article 20 of Commission Regulation (EEC) olive oil (3), and in particular Article 7 thereof, No 2730/79 of 29 November 1979 laying down common detailed rules for the application of the Whereas Article 2 of Council Regulation (EEC) No system of export refunds on agricultural products I7), as 2754/78 (4) provides that olive oil held by the interven­ last amended by Regulation (EEC) No 519/83 (8), tion agencies is to be put up for sale by tender ; specifies the evidence required to prove importation into non-Community countries ; Whereas, pursuant to Article 12 (1 ) of Regulation No 136/66/EEC, the Italian intervention agency has Whereas Commission Regulation (EEC) No 2566/79 bought in, since the 1975/76 marketing year, large of 15 November 1979 on the country nomenclature quantities of olive oil ; for the external trade statistics of the Community and statistics of trade between Member States (') lists the Whereas Commission Regulation (EEC) No non-member countries of Europe, Africa and the Near and Middle East ; 2960/77 (*), as last amended by Regulation (EEC) No 2041 /83 (6), laid down the conditions for the sale by Whereas the measures provided for in this Regulation tender of olive oil ; whereas at the present time there are in accordance with the opinion of the Management exist opportunities for exporting olive oil ; whereas, Committee for Oils and Fats, therefore, the said oil should be put up for sale under an invitation to tender, providing that, taking into account the world market, the obligation to export is a delay shorter than the normal six months ; HAS ADOPTED THIS REGULATION :

Whereas, in order to avoid any export problem, it shall Article 1 be precisely stated on the package of the product to be exported one of the denominations set out in the Annex to Regulation No 136/66/EEC ; 1 . The Italian intervention agency 'Azienda di Stato per gli interventi nel mercato agricolo', hereinafter Whereas the minimum selling price is so fixed that referred to as 'AIMA', shall open an invitation to tender in accordance with the provisions of this Regu­ the Community operators enjoy equal conditions of lation and of Regulation (EEC) No 2960/77 for the. competition with operators in non-member countries ; sale for export of : whereas, accordingly, oil should under this Regulation qualify neither for the export refund provided for in — approximately 5 000 tonnes of olive residue oil. Article 20 of Regulation No 136/66/EEC nor for the Unsold quantities from a tender will be put on sale at (') OJ No 172, 30 . 9 . 1966, p. 3025/66. the following tender. (2) OJ No L 162, 12. 6. 1982, p. 6. O OJ No L 1 , 1 . 1981 , p. 8 . (<) OJ No L 331 , 28 . 11 . 1978, p. 13 . 0 OJ No L 317, 12. 12. 1979, p. 1 . O OJ No L 348 , 30. 12. 1977, p. 46. H OJ No L 58, 5. 3 . 1983, p. 5. («) OJ No L 200, 23 . 7. 1983, p. 25 . O OJ No L 294, 21 . 11 . 1979, p . 5.

No L 99/ 14 11 . 4. 84 Official Journal of the European Communities

— above 10 : 2. The quantities of olive oil awarded shall not be exported to the United States of America or Canada. a reduction of Lit 2 682 for each degree or fraction of a degree above 10° . 3. By derogation of the dispositions of Article 1 of Regulation (EEC) No 2960/77, the oil awarded must Article J be exported within four months of the sale, having been refined and made edible. The amount effectively exported shall be determined by applying to the Not later than three days after the expiry of each time amount withdrawn the formula set out at Article 17 limit laid down for the submission of tenders, AIMA 1 (b) of Regulation (EEC) No 2960/77. shall send the Commission a list, without mentioning names, stating the highest tender received for each lot put up for sale. 4. According to the dispositions of Article 35 of Regulation No 136/66/EEC, if the oil awarded is exported in bulk, the immediate packaging must state Article 6 one of the denominations set out in points 5 and 6 of the Annex to the said Regulation. The minimum seiling 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 2 tenders received, not later than the last working day of the month during which the tenders were submitted. The invitation to tender shall be made public on 11 The decision fixing the minimum selling price shall April 1984. be notified forthwith to the Member State concerned.

Particulars of the lots of oil offered for sale and the Article 7 places where they are stored shall be displayed at the head office of AIMA, via Palestro 81 , Rome, Italy. The olive oil shall be sold by AIMA not later than the seventh day of each month following that during A copy of the invitation to tender referred to above which the tenders were submitted . shall be sent without delay to the Commission. AIMA shall supply the agencies responsible for storage with a list of the lots remaining unsold and shall Article 3 display it at their head office not later than 7 May 1984. The first series of tenders must reach AIMA, via Palestro 81 , Rome, Italy, not later than 2 p.m. (local Article 8 time) on 24 April 1984.

The security referred to in Article 7 of Regulation The second series of tenders must be lodged by 2 p.m. (EEC) No 2960/77 shall be Lit 13 000 per 100 kilo­ (local time) on 23 May 1984. grams.

The security referred to in Article 12 (3) of Regulation Article 4 (EEC) No 2960/77 shall be Lit 138 000 per 100 kilo­ grams of olive residue oil. 1 . Tenders shall be made for an olive residue oil of 10 ° acidity. For the purposes of applying the provisions of Article 1 (2), the security referred to in the second subpara­ 2. Where the oil awarded has a different degree of graph of this Article shall not be released unless proof acidity from that for which the tender was submitted, is provided that the oil was imported into a non­ the price to be paid shall be equal to the price member country other than the United States of tendered, increased or reduced in accordance with the America or Canada, except in cases where it has been scale below : destroyed during transport as a result of force majeure, or that it has been used for supplies as indicated in Olive residue oil : Article 5 of Regulation (EEC) No 2730/79. — below 10° down to 8° acidity : an increase of Lit 2 682 for each degree or fraction The Member States may, however, exempt the exporter from producing the documentary evidence, other than of a degree of acidity below 10° , the transport document, specified in Article 20 of — below 8 ° : Regulation (EEC) No 2730/79, in the case of a trans­ an additional increase of Lit 2 280 for each degree action where there is reasonable certainty of arrival at or fraction of a degree below 8 ° , destination of products for which a declaration of

11 . 4 . 84 No L 99/ 15 Official Journal of the European Communities

Article 9 export to a non-member country in Europe, Africa, or the Near or Middle East, listed in Regulation (EEC) No 2566/79, was made. The storage charge provided for in Article 1 5 of Regu­ lation (EEC) No 2960/77 shall be Lit 3 500 per 100 kilograms. In the case of export of oil in bulk, the security referred to in the second subparagraph shall be forfeit Article 10 up to the amount of the corrective amount applicable in trade between Greece and the other Member States, This Regulation shall enter into force on the day of its if the party concerned does not provide proof that it publication in the Official Journal of the European has not received such amount. Communities.

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

Done at Brussels, 9 April 1984.

tor the Commission Poul DALSAGER Member of the Commission