31988R2760

6. 9 . 88 Official Journal of the European Communities No L 247/5

COMMISSION REGULATION (EEC) No 2760/88 of 5 September 1988 opening an invitation to tender for the sale for export to Tunisia of olive pomace-oil held by the Italian intervention agency

THE COMMISSION OF THE EUROPEAN x COMMUNITIES, as 'AIMA , shall open an invitation to tender in accordance with the provisions of this Regulation and of Having regard to the Treaty establishing the European Regulation (EEC) No 2960/77 for the sale for export of Economic Community, approximately 2 000 tonnes of olive pomace-oil. Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common 2. The quantities of olive-pomace oil awarded shall be organization of the market in oils and fats ('), as last intended for export to Tunisia. amended by Regulation (EEC) No 2210/88 (2), and in particular Article 12 (4) thereof, 3. By way of derogation from Article 1 (2) of Regulation (EEC) No 2960/77 this oil must be exported Whereas Article 2 ( 1 ) of Council Regulation (EEC) No without further processing. 2754/78 (3) provides that olive oil held by the intervention agencies is to be put up for sale by tender ;

Whereas, pursuant to Article 12 ( 1 ) of Regulation No Article 2 136/66/EEC, the Italian intervention agency has bought in large quantities of olive oil ; The invitation to tender shall be made public on 19 September 1988. Whereas Commission Regulation (EEC) No 2960/77 (4), as last amended by Regulation (EEC) No 3818/85 (*), laid down the conditions for the sale by tender of olive oil ; Particulars of the lots of oil offered for sale and the places whereas at the present time there exist opportunities for where they are stored shall be displayed at the head office exporting olive-pomace oil to Tunisia ; of AIMA, via Palestro 81 , Rome, Italy.

Whereas the minimum selling price is so fixed that the A copy of the invitation to tender referred to above shall Community operators enjoy equal conditions of be sent without delay to the Commission. competition with operators in non-member countries ; whereas, accordingly, oil should, under this Regulation, qualify neither for tne export refund provided for in Article 3 Article 20 of Regulation No 136/66/EEC nor for the consumption aid provided for in Article 1 1 of the same Regulation ; The tenders must reach AIMA, via Palestro 81 , Rome, Italy, not later than 2 p.m. (local time) on 27 September Whereas Article 18 of Commission Regulation (EEC) No 1988 . 3665/87 of 27 November 1987* laying down common detailed rules for the application of the system of export refunds on agricultural products (6), specifies the evidence Article 4 required to prove importation into non-Community countries ; The tenders shall be submitted for an oil of 10° acidity. Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Where the oil awarded has a different degree of acidity Committee for Oils and Fats, from that for which the tender was submitted, the price to be paid shall be equal to the price tendered, increased or reduced in accordance with the scale below : HAS ADOPTED THIS REGULATION : — below . 10° down to 8° acidity : Article 1 an increase of Lit 3 226 for each degree or fraction of a degree of acidity below 10° , 1 . The Italian intervention agency 'Azienda di Stato per — below 8° f gli interventi nel mercato agricolo', hereinafter referred to an additional increase of Lit 2 742 for each degree or (') OJ No 172, 30. 9. 1966, p. 3025/66. fraction of a degree below 8° , 0 OJ No L 197, 26. 7. 1988 , p. 1 . 0 OJ No L 331 , 28 . 11 . 1978 , p. 13 . — above 10 : 0 OJ No L 348 , 30. 12. 1977, p. 46. 0 OJ No L 368 , 31 . 12. 1985, p. 20. a reduction of Lit 3 226 for each degree or fraction of («) OJ No L 351 , 14. 12. 1987, p. 1 . a degree above 10° .

6. 9 . 88 No L 247/6 Official Journal of the European Communities

Article 5 2. The security referred to in Article 7 of Regulation (EEC) No 2960/77 shall be Lit 30 000 per 100 kilograms. Not later than three days after the expiry of the time limit laid down for the submission of tenders, AIMA shall send The security referred to in Article 12 (3) of Regulation (EEC) No 2960/77 shall be Lit 200000 per 100 the Commission a list, without mentioning names, stating kilograms. the highest tenders received for eac;h lot put up for sale. For the purposes of applying the provisions of Article 1 Article 6 (1 ), the security referred to in the second subparagraph of this paragraph shall not be released unless proof is The minimum selling price per 100 kilograms of oil shall provided that the oil was imported in Tunisia, except in be fixed, in accordance with the procedure laid down in cases where it has been destroyed during transport as a Article 38 of Regulation No 136/66/EEC, on the basis of result of force majeure. the tenders received, not later than the tenth working day The Member States may, however, exempt the exporter following the deadline for the submission of tenders. The from producing the documentary evidence, other than the decision fixing the minimum selling price shall be transport document, specified in Article 1 8 of Regulation notified forthwith to the Member State concerned. (EEC) No 3665/87, in the case of Article 19 of this Regulation. Article 7 Article 9 The olive oil shall be sold by AIMA not later than the fifth working day following that on which the decision The storage charge provided for in Article 15 of referred to in Article 6 is notified. AIMA shall forward to Regulation (EEC) No 2960/77 shall be Lit 4 000 per 100 the storage agencies the list of lots not awarded. kilograms.

Article 8 Article 10 1 . AIMA shall check that the oil exported is the same This Regulation shall enter into force on the day of its as the oil withdrawn from intervention, in particular on publication in the Official Journal of the European Communities. the basis of acidity and the presence of soap.

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

Done at Brussels, 5 September 1988 .

For the Commission r , Frans ANDRIESSEN Vice-President