31988R0945

No L 92/36 Official Journal of the European Communities 9 . 4 . 88

COMMISSION REGULATION (EEC) No 945/88 of 8 April 1988 opening an invitation to tender for the sale for export to Tunisia of olive-residue oil held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, required to prove importation into non-Community countries ;

Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation are Economic Community, 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 ('), as last HAS ADOPTED THIS REGULATION : amended by Regulation (EEC) No 3994/87 (2), and in particular Article 12 (4) thereof, Article 1

Whereas Article 2 (1 ) of Council Regulation (EEC) No 1 . The Italian intervention agency Azienda di Stato per 2754/78 (3) provides that olive oil held by the intervention gli interventi nel mercato agricolo', hereinafter referred to agencies is to be put up for sale by tender ; as 'AIMA', shall open an invitation to tender in accordance with the provisions of this Regulation and of Regulation (EEC) No 2960/77 for the sale for export of Whereas, pursuant to Article 12 (1 ) of Regulation No approximately 1 000 tonnes of olive-residue oil, with on 136/66/EEC, the Italian intervention agency has bought acidity of not less than 15° . in large quantities of olive-residue oil ; , 2. The quantities of olive-residue oil awarded shall be intended for export to Tunisia. Whereas Commission Regulation (EEC) No 2960/77 (4), as last amended by Regulation (EEC) No 3818/85 (*), laid 3. By way of derogation from Article 1 (2) of down the conditions for the sale by tender of olive oil ; Regulation (EEC) No 2960/77 this oil must be exported whereas at the present time there exist opportunities for without further processing. exporting olive-residue oil of high acidity to Tunisia ;

Article 2 Whereas, in order to avoid any export problem, it shall be precisely stated on the package of the product to be The invitation to tender shall be made public on 8 April exported in one of the denominations set out in the 1988 . Annex to Regulation No 136/66/EEC ; Particulars of the lots of oil offered for sale and the places where they are stored shall be displayed at the head office Whereas the minimum selling price is so fixed that the of AIMA, via Palestro 81 , Rome, Italy. Community operators enjoy equal conditions of competition with operators in non-member countries ; A copy of the invitation to tender referred to above shall whereas, accordingly, oil should under this Regulation be sent without delay to the Commission. qualify 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 11 of the same Article 3 Regulation ; The tenders must reach AIMA, via Palestro 81 , Rome, Italy, not later than 2 p.m. (local time) on 21 April 1988 . 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 Article 4 refunds on agricultural products (6), as last amended by Regulation (EEC) No 1 1 80/87 Q, specifies the evidence 1 . Tenders shall be made for an olive-residue oil of 1 5° acidity. (') OJ No 172, 30. 9. 1966, p. 3025/66. (2) OJ No L 377, 31 . 12. 1987, p. 31 . 2. Where the oil awarded has a different degree of 0 OJ No L 331 , 28 . 11 . 1978, p. 13. acidity from that for which this tender was submitted, the (4) OJ No L 348 , 30. 12. 1977, p. 46. price to be paid shall be equal to the price tendered, 0 OJ No L 368 , 31 . 12. 1985, p. 20. reduced by Lit 3 226 for each degree or fraction of a («) OJ No L 317, 12. 12. 1979, p. 1 . 0 OJ No L 113, 30 . 4. 1987, p. 27. degree above 15° .

9 . 4. 88 Official Journal of the European Communities No L 92/37

Article 5 The security referred to in Article 12 (3) of Regulation (EEC) No 2960/77 shall be Lit 110 000 per 100 kilograms Not later than three days after the expiry of the time limit of olive-residue oil . laid down for the submission of tenders, AIMA shall send the Commission a list, without mentioning names, stating 2. For the purposes of applying the provisions of the highest tender received for each lot put up for sale. Article 1 (2), the security referred to in paragraph 1 , second subparagraph of this Article shall not be released Article 6 unless proof is provided that the oil was imported in Tunisia, except in cases where it has been destroyed The minimum selling price per 100 kilogams of oil shall during transport as a result of force majeure. be fixed, in accordance with the procedure laid down in 3. The Member States may, however, exempt the Article 38 of Regulation No 136/66/EEC, on the basis of exporter from producing the documentary evidence, other the tenders received, not later than the tenth working day than the transport document specified in Article 20 of after the expiry of the final date laid down for the Regulation (EEC) No 2730/79 in the case of a transaction submission of tenders. The decision fixing the minimum where there is reasonable certainty of arrival at destination selling price shall be notified forthwith to the Member State concerned. of products for which a declaration of export to the country referred to in paragraph 2 of this Article was made. Article 7 Article 9 The olive oil shall be sold by AIMA not later than the fifth working day after the date of notification of the The storage charge provided for in Article 15 of decision referred to in Article 6. AIMA will communicate Regulation (EEC) No 2960/77 shall be Lit 4 000 per 100 to the Intervention Agencies the list of the lots which kilograms. have not been awarded. 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, 8 April 1988 .

For the Commission Frans ANDRIESSEN Vice-President