31987R2744

15 . 9 . 87 No L 264/ 5 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2744/87 of 14 September 1987 opening an invitation to tender for the sale for export of olive-residue oil held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas Article 20 of Commission Regulation (EEC) No 2730/79 of 29 November 1979 laying down common detailed rules for the application of the system of export Having regard to the Treaty establishing the European refunds on agricultural products (*), as last amended by Economic Community, Regulation (EEC) No 1 1 80/87 (8), specifies the evidence required to prove importation into non-Community Having regard to Council Regulation No 136/66/EEC of countries ; 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as last Whereas the measures provided for in this Regulation are amended by Regulation (EEC) No 1915/87 (2), and in in accordance with the opinion of the Management particular Article 12 (4) thereof, Committee for Oils and Fats,

Whereas Article 2 (1 ) of Council Regulation (EEC) No 2754/78 (3) provides that olive oil held by the intervention agencies is to be put up for sale by tender ; HAS ADOPTED THIS REGULATION :

Whereas, pursuant to Article 12 ( 1 ) of Regulation No 136/66/EEC, the Italian intervention agency has bought Article 1 in large quantities of olive oil ; 1 . The Italian intervention agency 'Azienda di Stato per Whereas Commission Regulation (EEC) No 2960/77 (4), gli interventi nel mercato agricolo', hereinafter referred to as last amended by Regulation (EEC) No 3818/85 (*), laid as 'AIMA', shall open an invitation to tender in accor­ down the conditions for the sale by tender of olive oil ; dance with the provisions of this Regulation and of Regu­ whereas at the present time there exist opportunities for lation (EEC) No 2960/77 for the sale for export of exporting olive oil ; approximately 2 400 tonnes of olive-residue oil.

Whereas, in order to avoid any export problem, it shall be 2. The quantities of olive oil awarded shall be intended precisely stated on the package of the product to be for export to the countries of Africa or the Near and exported in one of the denominations set out in the Middle East referred to in Article 8 of this Regulation. Annex to Regulation No 136/ 66/EEC ; 3 . By way of derogation from Article 1 (2) of Regula­ tion (EEC) No 2960/77 this oil must not have been made Whereas the minimum selling price is so fixed that the edible . Community operators enjoy equal conditions of competi­ tion with operators in non-member countries ; whereas, accordingly, oil should under this Regulation qualify Article 2 neither for the export refund provided for in Article 20 of Regulation No 136/66/EEC nor for the consumption aid provided for in Article 1 1 of the same Regulation ; The invitation to tender shall be made public on 2 October 1987 . Whereas, to guard against the danger of damaging the traditional export trade in olive oil put up in small contai­ Particulars of the lots of oil offered for sale and the places ners the number of countries to which the oil may be where they are stored shall be displayed at the head office exported should be limited ; whereas, for this purpose, of AIMA, via Palestro 81 , Rome, Italy. reference should be made to the list of countries set out in the Annex to Commission Regulation (EEC) No A copy of the invitation to tender referred to above shall 3639/86 of 28 November 1986 on annual updating of the be sent without delay to the Commission. country nomenclature for the external trade statistics of the Community and statistics of trade between Member States (6) ; Article 3

0 OJ No 172, 30 . 9 . 1966, p . 3025/66 . The tenders must reach AIMA, via Palestro 81 , Rome. 0 OJ No L 183 , 3 . 7 . 1987, p. 7 . Italy, not later than 2 p.m. (local time) on 9 October 1987. (3) OJ No L 331 , 28 . 11 . 1978 , p . 13 . (4) OJ No L 340 , 30 . 12. 1977, p. 46. 0 OJ No L 368 , 31 . 12 . 1985 , p. 20 . 0 OJ No L 317, 12. 12. 1979, p. 1 . (6) OJ No L 336, 29 . 11 . 1986, p . 46 . (8) OJ No L 113, 30 . 4. 1987, p. 27.

No L 264/ 6 Official Journal of the European Communities 15 . 9 . 87

Article 4 The security referred to in Article 12 (3) of Regulation (EEC) No 2960/77 shall be Lit 100 000 per 100 kilograms 1 . Tenders shall be made for an olive-residue oil of 15° of olive-residue oil . acidity. 2. Where the oil awarded has a different degree of 2. For the purposes of applying the provisions of acidity from that for which this tender was submitted, the Article 1 (2), the security referred to in paragraph 1 , price to be paid shall be equal to the price tendered, second subparagraph of this Article shall not be released reduced or increased by Lit 2 964 for each degree or frac­ unless proof is provided that the oil was imported into one of the countries of Africa or the Near and Middle tion of a degree above or below 15° . East listed in the Annex to Regulation (EEC) No 3639/86 Article 5 except in cases where it has been destroyed during trans­ port as a result of force majeure, or that it has been used Not later than three days after the expiry of the time limit for supplies as indicated in Article 5 of Regulation (EEC) laid down for the submission of tenders, AIMA shall send No 2730/79 . the Commission a list, without mentioning names, stating the highest tender received for each lot put up for sale. 3 . The Member States may, however, exempt the exporter from producing the documentary evidence, other Article 6 than the transport document, specified in Article 20 of Regulation (EEC) No 2730/79, in the case of a transaction The minimum selling price per 100 kilograms of oil shall where there is reasonable certainty of arrival at destination be fixed, in accordance with the procedure laid down in of products for which a declaration of export to one of the Article 38 of Regulation No 136/66/EEC, on the basis of countries referred to in paragraph 2 of this Article was the tenders received, not later than the tenth working day made . after the expiry of the final date laid down for the submis­ sion of tenders. The decision fixing the minimum selling price shall be notified forthwith to the Member State Article 9 concerned .' The storage charge provided for in Article 15 of Regula­ Article 7 tion (EEC) No 2960/77 shall be Lit 4 000 per 100 kilo­ grams . The olive oil shall be sold by AIMA not later than the fifth working day after the date of notification of the deci­ sion referred to in Article 6 . Article 10 Article 8 This Regulation shall enter into force on the day of its 1 . The security referred to in Article 7 of Regulation publication in the Official Journal of the European (EEC) No 2960/77 shall be Lit 30 000 per 100 kilograms. Communities.

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

Done at Brussels, 14 September 1987.

For the Commission Frans ANDRIESSEN Vice-President