31985R0354

No L 41 /6 12. 2. 85 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 354/85 of 8 February 1985 opening a standing invitation to tender (or the sale of olive oil held by the Italian intervention agency and repealing Regulation (EEC) No 2672/84

THE COMMISSION OF THE EUROPEAN Whereas, in view of this same situation, current sales COMMUNITIES, of olive oil for export should be suspended in order to make such oils available for the internal market ;

Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation Economic Community, are in accordance with the opinion of the Management Committee for Oils and Fats, Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), HAS ADOPTED THIS REGULATION : as last amended by Regulation (EEC) No 231 /85 (2), and in particular Article 12 (4) thereof, Article 1 Whereas Article 2 of Council Regulation (EEC) No The Italian intervention agency 'Azienda di Stato per 2754/78 of 23 November 1978 (3) provides that olive gli interventi nel mercato agricolo', hereinafter referred oil held by the intervention agencies shall be put up to as 'AIMA', shall open a standing invitation to tender for sale by tender ; in accordance with the provisions of this Regulation and of Regulation (EEC) No 2960/77 for the sale on Whereas, pursuant to Article 12 ( 1 ) of Regulation No the Community market of the following quantities of olive oil : 136/66/EEC, the Italian intervention agency has, since the 1975/76 marketing year, bought in large quantities — approximately 6 000 tonnes of fine virgin olive oil, of olive oil ; — approximately 1 3 900 tonnes of ordinary olive oil, — approximately 1 6 000 tonnes of virgin lampante Whereas Commission Regulation (EEC) No olive oil, 2960/77 (4), as last amended by Regulation (EEC) No 2041 /83 (*), laid down the conditions for the sale by — approximately 1 5 000 tonnes of residue oil. tender on the Community market and for export of olive oil ; whereas the state of the Italian market in Unsold quantities from the first tender will be put on olive oil is at present favourable for the sale of part of sale at the following tender. the said oil ; whereas, in order to facilitate the regular Article 2 supply of the market, the sale should be effected by means of a standing invitation to tender ; The invitation to tender shall be published on 11 February 1985. Particulars of the lots of oil offered for Whereas in the present situation of the market in sale and of the places where they are stored shall be edible virgin olive oils where supply is very low displayed at the central office of AIMA, Via Palestro compared with demand and in order to provide the 81 , Rome, Italy. greatest possible number of operators with a minimum supply for their immediate needs, it should be stipu­ A copy of the invitation to tender shall be sent lated for the first two series of tenders that each without delay to the Commission. operator may only submit tenders for a maximum quantity of such oils ; whereas in order to avoid any Article 3 misuse of this provision and therefore prevent a limited number of operators from monopolizing the The first series of tenders must reach AIMA, Via quantities put up for sale, it should be stipulated that Palestro 81 , Rome, Italy, not later than 2 p.m . (local only recognized operators may submit tenders in time) on 21 February 1985. response to this invitation ;

Subsequent series of tenders must be lodged by 2 p.m. (') OJ No 172, 30 . 9. 1966, p. 3025/66. (local time) on : (2) OJ No L 26, 31 . 1 . 1985, p. 12. (3) OJ No L 331 , 28 . 11 . 1978 , p. 13 . — 25 March 1985, (<) OJ No L 348 , 30 . 12. 1977, p. 46. 0 OJ No L 200, 23 . 7. 1983, p. 25. — 23 April 1985.

12. 2. 85 Official Journal of the European Communities No L 41 /7

For the first and second series of tenders, as regards names, stating the highest tender received for each lot ordinary and fine virgin oils, a tender shall be admis­ put up for sale. sible only if submitted by a natural or legal person who exercises an activity in the olive oil sector and is Article 6 registered as at 31 December 1984 in a public register of a Member State. Furthermore, for each series and The minimum selling price shall be fixed, on the basis quality, no tenderer may submit a tender for a quantity of the tenders received, not later than the last working in excess of 300 tonnes . day of the month during which the tenders were submitted and in accordance with the procedure set Article 4 out in Article 38 of Regulation No 136/66/EEC. The decision fixing the minimum selling price shall be 1 . With regard to virgin lampante olive oil, tenders notified forthwith to the Member State concerned. shall be submitted for an oil of 5° acidity.

With regard to olive residue oil, tenders shall be Article 7 submitted for an oil of 5° acidity. The olive oil shall be sold by AIMA not later than the 2. Where the oil awarded has a different degree of seventh say of each month following that during acidity from that for which the tender was submitted, which the tenders were submitted. AIMA shall supply the price to be paid shall be equal to the price the agencies responsible for storage with a list of the tendered, increased or reduced in accordance with the lots remaining unsold. scale below : A list of the lots put up for sale and a list of the lots A. Virgin lampante olive oil : remaining unsold from the previous invitations to -— up to 5° acidity ; tender shall be displayed at the head office of AIMA increase of Lit 4 582 for each degree or fraction , not later than the seventh day of each month . of degree of acidity below 5° , — above 5° up to 8° acidity : Article 8 reduction of Lit 4 582 each degree or fraction The security referred to in Article 7 of Regulation of degree of acidity above 5° , (EEC) No 2960/77 shall be Lit 13 500 per 100 kilo­ — above 8° : grams . additional reduction of Lit 5 012 for each degree or fraction of degree above 8° , Article 9 B. Olive residue oil : The storage charge referred to in Article 15 of Regula­ — above 5° up to 8° acidity : tion (EEC) No 2960/77 shall be Lit 3 500 per 100 reduction of Lit 2 435 for each degree or frac­ kilograms. tion of degree of acidity above 5° , — above 8° : Article 10 additional reduction of Lit 2 864 for each Regulation (EEC) No 2672/84 is hereby repealed. degree or fraction of degree above 8° .

Article5¶

Not later than three days after the expiry of each time This Regulation shall enter into force on the day of its limit laid down for the submission of tenders, AIMA publication in the Official Journal of the European shall send the Commission a list, without mentioning Communities.

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

Done at Brussels, 8 February 1985. For the Commission Frans ANDRIESSEN Vice-President