31984R1602

8 . 6 . 84 No L 152/31 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1602/84 of 6 June 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 qualify neither for the export refund provided for in COMMUNITIES, Article 20 of Regulation No 136/66/EEC nor for the consumption aid provided for in Article 11 of the same Regulation ; Having regard to the Treaty establishing the European Economic Community, Whereas there is an established export trade in olive oil put up in small containers from the Community to Having regard to Council Regulation No 136/66/EEC the United States of America and to Canada ; whereas of 22 September 1966 on the establishment of a if oil subject of an award by tender under this Regula­ common organization of the market in oils and fats ('), tion were to be exported in bulk to these two coun­ as last amended by Regulation (EEC) No 1 101 /84 (2), tries, it might well damage this traditional export and in particular Article 12 (4) thereof, trade ; whereas, to guard against this danger, exporta­ tion in bulk should be allowed only to countries other Having regard to Council Regulation (EEC) No 5/81 than the United States of America 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 Q, 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 of 15 November 1979 on the country nomenclature bought in, since the 1 975/76 marketing year, large quantities of olive oil ; for the external trade statistics of the Community and statistics of trade between Member States (9) lists the non-member countries of Europe, Africa and the Near Whereas Commission Regulation (EEC) No and Middle East ; 2960/77 (*), as last amended by Regulation (EEC) No 2041 /83 (*), 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 be precisely stated on the package of the product to be exported in one of the denominations set out in the Article 1 Annex to Regulation No 136/66/EEC ;

1 . The Italian intervention agency 'Azienda di Stato Whereas the minimum selling price is so fixed that per gli interventi nel mercato agricolo', hereinafter the Community operators enjoy equal conditions of referred to as 'AIMA', shall open an invitation to competition with operators in non -member countries ; tender in accordance with the provisions of this Regu­ whereas, accordingly, oil should under this Regulation lation and of Regulation (EEC) No 2960/77 for the sale for export of approximately 2 500 tonnes of olive residue oil . (') OJ No 172, 30. 9. 1966, p. 3025/66. (2) OJ No L 113, 28 . 4. 1984, p. 7. (3) OJ No L 1 , 1 . 1 . 1981 , p. 8 . O 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. (») OJ No L 58, 5. 3. 1983, p. 5. M OJ No L 200, 23. 7. 1983, p. 25. 0 OJ No L 294, 21 . 11 . 1979, p. 5.

No L 152/32 8 . 6 . 84 Official Journal of the European Communities

Article 6 2. The quantities of olive oil awarded shall not be exported to the United States of America or Canada. The minimum selling price shall be fixed, in accor­ dance with the procedure laid down in Article 38 of 3. By derogation of the dispositions of Article 1 of Regulation No 136/66/EEC, on the basis of the Regulation (EEC) No 2960/77, the oil awarded must tenders received, not later than the last working day of be exported within four months of the sale, without the month during which the tenders were submitted. having been made edible. The decision fixing the minimum selling price shall be notified forthwith to the Member State concerned.

Article2¶

Article 7 The invitation to tender shall be made public on 8 June 1984. The olive oil shall be sold by AIMA not later than the seventh day of each month following that during Particulars of the lots of oil offered for sale and the which the tenders were submitted . places where they are stored shall be displayed at the head office of AIMA, via Palestro 81 , Rome, Italy. 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 Lit 13 000 per 100 kilo­ grams . Article 3 The security referred to in Article 1 2 (3) of Regulation The tenders must reach AIMA, via Palestro 81 , Rome, (EEC) No 2960/77 shall be Lit 138 000 per 100 kilo­ grams of olive residue oil. Italy, not later than 2 p.m. (local time) on 22 June 1984. For the purposes of applying the provisions of Article 1 (2), the security referred to in the second subpara­ graph of this Article shall not be released unless proof Article 4 is provided that the oil was imported into a non­ member country other than the United States of 1 . Tenders shall be made for an olive residue oil of America or Canada, except in cases where it has been 10 ° acidity. destroyed during transport as a result of force majeure, or that it has been used for supplies as indicated in 2. Where the oil awarded has a different degree of Article 5 of Regulation (EEC) No 2730/79. acidity from that for which the tender was submitted, the price to be paid shall be equal to the price The Member States may, however, exempt the exporter tendered, increased or reduced in accordance with the from producing the documentary evidence, other than scale below : the transport document, specified in Article 20 of Regulation (EEC) No 2730/79, in the case of a trans­ — below 1 0 0 down to 8° acidity : an increase of Lit 2 682 for each degree or fraction action where there is reasonable certainty of arrival at destination of products for which a declaration of of a degree of acidity below 10° , export to a non-member country in Europe, Africa, or — below 8 ° : the Near or Middle East, listed in Regulation (EEC) an additional increase of Lit 2 280 for each degree No 2566/79, was made. or fraction of a degree below 8 ° , — above 10 ° : Article 9 a reduction of Lit 2 682 for each degree or fraction of a degree above 10° . The storage charge provided for in Article 1 5 of Regu­ lation (EEC) No 2960/77 shall be Lit 3 500 per 100 kilograms. Article 5

Article 10 Not later than three days after the expiry of the time limit laid down for the submission of tenders, AIMA shall send the Commission a list, without mentioning This Regulation shall enter into force on the day of its names, stating the highest tender received for each lot publication in the Official Journal of the European put up for sale . Communities.

8 . 6 . 84 Official Journal of the European Communities No L 152/33

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

Done at Brussels, 6 June 1984.

For the Commission Poul DALSAGER Member of the Commission