31987R3567

28 . 11 . 87 No L 338 / 11 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3567/87 of 26 November 1987 opening an invitation to tender for the sale for export of olive oil and olive residue oil held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, refunds on agricultural products (*), as last amended by Regulation (EEC) No 11 80/87 Q, specifies the evidence Having regard to the Treaty establishing the European required to prove importation into non-Community Economic Community, countries ;

Whereas the measures provided for in this Regulation are Having regard to Council Regulation No 136/66/ EEC of in accordance with the opinion of the Management 22 September 1966 on the establishment of a common Committee for Oils and Fats, organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 1915/87 (2), and in particular Article 12 (4) thereof, HAS ADOPTED THIS REGULATION : Whereas Article 2 ( 1 ) of Council Regulation (EEC) No 2754/78 (3) provides that olive oil held by the intervention Article 1 agencies is to be put up for sale by tender ;

1 . The Italian intervention agency 'Azienda di Stato per Whereas, pursuant to Article 12 ( 1 ) of Regulation No gli interventi nel mercato agricolo', hereinafter referred to 136/66/EEC, the Italian intervention agency has bought as \AIMA', shall open an invitation to tender in in large quantities of olive oil ; accordance with the provisions of this Regulation and of Regulation (EEC) No 2960/77 for the sale for export of Whereas Commission Regulation (EEC) No 2960/77 (4), the following quantities of olive oil : as last amended by Regulation (EEC) No 3818/85 (*), laid down the conditions for the sale by tender of olive oil ; — approximately 5 000 tonnes of virgin lampante olive whereas at the present time there exist opportunities for oil , exporting olive oil ; — approximately 2 000 tonnes of olive residue oil .

Whereas, in order to avoid any export problem, it shall be 2. The quantities of olive oil awarded shall not be precisely stated on the package of the product to be exported to the United States of America or Canada. exported one of the denominations set out in the Annex to Regulation No 136/66/EEC ; Article 2 Whereas the minimum selling price is so fixed that the The invitation to tender shall be made public on 4 Community operators enjoy equal conditions of competi­ December 1987 . tion with operators in non-member countries ; whereas, accordingly, oil should, under this Regulation, qualify Particulars of the lots of oil offered for sale and the places neither for the export refund provided for in Article 20 of where they are stored shall be displayed at the head office Regulation No 136/66/EEC nor for the consumption aid of AIMA, via Palestro 81 , Rome, Italy. provided for in Article 1 1 of the same Regulation ; A copy of the invitation to tender referred to above shall Whereas there is an established export trade in olive oil be sent without delay to the Commission . put up in small containers from the Community to the United States of America and to Canada ; whereas if oil Article 3 subject of an award by tender under this Regulation were to be exported in bulk to these two countries, it might The tenders must reach AIMA, via Palestro 81 , Rome, well damage this traditional export trade ; whereas, to Italy, not later than 2 p.m . (local time) on 17 December guard against this danger, exportation should be allowed 1987 . only to countries other than the United States of America and Canada ; Article 4 Whereas Article 20 of Commission Regulation (EEC) No 1 . With regard to virgin lampante olive oil, tenders 2730/79 of 29 November 1979 laying down common shall be submitted for an oil of 5° acidity. detailed rules for the application of the system of export With regard to olive residue oil, tenders shall be (') OJ No 172, 30 . 9 . 1966, p . 3025/66 . submitted for an oil of 10° acidity. (2) OJ No L 183, 3 . 7. 1987, p. 7. (3) OJ No L 331 , 28 . 11 . 1978 , p. 13 . (4) OJ No L 348 , 30 . 12. 1977, p. 46 . (6) OJ No L 317, 12. 12. 1979, p. 1 . 0 OJ No L 368, 31 . 12. 1985, p. 20 . 0 OJ No L 113, 30. 4. 1987, p. 27.

No L 338 / 12 Official Journal of the European Communities 28 . 11 . 87

2. Where the oil awarded has a different degree of minimum selling priced shall be notified forthwith to the acidity from that for which the tender was submitted, the Member State concerned . price to be paid shall be equal to the price tendered, increased or reduced in accordance with the scale below : Article 7

A. Virgin lampante olive oil : The olive oil shall be sold by AIMA not later than the seventh day of each month following that during which — up to 5° acidity : the tenders were submitted. increase of Lit 5 162 for each degree or fraction of degree of acidity below 5° , Article 8 — above 5° up to 8° acidity : The security referred to in Article 7 of Regulation (EEC) reduction of Lit 5 162 for each degree or fraction No 2960/77 shall be Lit 30 000 per 100 kilograms. of degree of acidity above 5° , The security referred to in Article 12 (3) of Regulation — above 8° : (EEC) No 2960/77 shall be Lit 200 000 per 100 kilo­ additional reduction of Lit 5 645 for each degree grams . or fraction of degree above 8° . For the purposes of applying the provisions of Article 1 B. Olive residue oil : (2), the security referred to in the second subparagraph of this Article shall not be released unless proof is provided — below 10° down to 8° acidity : that the oil was imported into a non-member country an increase of Lit 3 226 for each degree or fraction other than the United States of America or Canada, of a degree of acidity below 10° , except in cases where it has been destroyed during trans­ — below 8° : port as a result of force majeure, or that it has been used for supplies as indicated in Article 5 of Regulation (EEC) an additional increase of Lit 2 742 for each degree No 2730/ 79 . or fraction of a degree below 8° , The Member States may, however, exempt the exporter — above 10° : from producing the documentary evidence, other than the a reduction of Lit 3 226 for each degree or fraction transport document, specified in Article 20 of Regulation of a degree above 10° . (EEC) No 2730/79, in the case of a transaction where there is reasonable certainty of arrival at destination of Article 5 products for which a declaration of export to a non­ member country in Europe, Africa, or the Near or Middle Not later than three days after the expiry of the time limit East, listed in Regulation (EEC) No 2566/79, was made. laid down for the submission of tenders, AIMA shall send the Commission a list, without mentioning names, stating Article 9 the highest tenders received for each lot put up for sale. The storage charge provided for in Article 15 of Regula­ tion (EEC) No 2960/77 shall be Lit 4 000 per 100 kilo­ Article 6 grams .

The minimum selling price shall be fixed, in accordance Article 10 with the procedure laid down in Article 38 of Regulation No 136/66/ EEC, on the basis of the tenders received, not This Regulation shall enter into force on the day of its later than the last working day of the month during publication in the Official Journal of the European which the tenders were submitted . The decision fixing the Communities.

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

Done at Brussels, 26 November 1987.

For the Commission Frans ANDRIESSEN Vice-President