1998R2768 — EN — 09.06.2001 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2768/98
of21December 1998
ontheaidschemefortheprivatestorageofolive oil
(OJ L 346, 22.12.1998, p. 14)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1081/2001 of 1 June 2001 L 149 17 2.6.2001
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EC)No2768/98
of21December 1998
ontheaidschemefortheprivatestorageofoliveoil
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September
1966 on the establishment of a common organisation of the market in
oils and fats(1), as last amended by Regulation (EC) No 1638/98(2), and
in particular Article 12a thereof,
Whereas Article 12a of Regulation No 136/66/EEC provides that in the
event of serious disturbance on the market in certain regions of the
Community an aid scheme for the private storage of olive oil may be
implemented up to 31 October 2001; whereas the scheme must be basedon contracts concluded with approved operators offering sufficientguarantees; whereas priority should be given to producer groups withinthe meaning of Council Regulation (EC) No 952/97(
3);
Whereas detailed rules governing the aid scheme for the private storage
of olive oil should be laid down so that it can be implemented speedily ifnecessary; whereas in order that the scheme may have greater effect onthe market at the level of producers and to make monitoring easier, theaid should be granted primarily for the bulk storage of virgin olive oil;
Whereas in order to reflect best the market situation, the amount of aid
should be determined by a tendering procedure opened in accordancewith certain rules and in respect of market sectors requiring it; whereasparticipants in the tendering procedure must be operators offeringsubstantial guarantees;
Whereas the information that must appear in tenders and the conditions
in which they are to be presented and examined must be specified;whereas, in particular, in order to be able to have an effect on the marketsituation, tenders must be submitted for a long storage period and inrespect of a minimum quantity in relation to the situation in the sector;whereas performance of the tender must be guaranteed by lodging a
security under the conditions laid down in Commission Regulation
(EEC) No 2220/85(
4), as last amended by Regulation (EC) No 3403/
93(5), the amount and duration of which must be related to the
likelihood of fluctuations in prices on the market and the number ofdays' storage conferring entitlement to the aid which have actually beencompleted;
Whereas successful tenders shall be those which do not exceed a
maximum amount of aid per day of storage, to be determined in relationto the market in olive oil; whereas, however, the representativeness oftenders and compliance with the maximum quantities set under theprocedure must be ensured for each category or region specified;
Whereas the main points to be included in the contract should be
specified; whereas, in order to prevent shortcomings on the market, theCommission must be able to adjust the term of the contract in the lightmainly of the harvest forecasts for the marketing year following that inwhich the contract was concluded;
Whereas in order to ensure that the scheme is properly administered, it is
necessary to indicate the conditions in which an advance on aid may begranted, the checks on compliance with entitlement to the aid which areessential, certain procedures for calculating the aid and the information
to be notified to the Commission by the Member States;1998R2768 — EN — 09.06.2001 — 001.001 — 2
(1) OJ 172, 30. 9. 1966, p. 3025/66.
(2) OJ L 210, 28. 7. 1998, p. 32.
(3) OJ L 142, 2. 6. 1997, p. 30.
(4) OJ L 205, 3. 8. 1985, p. 5.
(5) OJ L 310, 14. 12. 1993, p. 4.
▼B
Whereas Commission Regulation (EEC) No 314/88(1), as amended by
Regulation (EEC) No 3788/89(2), and Commission Regulation (EC) No
94/98(3), as last amended by Regulation (EC) No 2367/98(4), on private
storage before 1 March 1998 must be repealed;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
1. The competent bodies in producer Member States shall conclude
contracts for the private storage of virgin olive oil in bulk on theconditions laid down in this Regulation.
2. In order to determine the aid to be granted for carrying out
contracts for the private storage of virgin olive oil in bulk, theCommission may, up to 31 October 2001 acting in accordance with theprocedure laid down in Article 38 of Regulation No 136/66/EEC, openinvitations to tender for a limited period. During a tendering procedurefor a limited period, partial invitations to tender shall be opened.
Article 2
1. An invitation to tender for a limited period may be opened where:
— there are serious disturbances on the market in certain regions of the
Community which may be reduced or resolved by measures for theprivate storage of virgin olive oil in bulk,
and
— the average price recorded on the market during a period of not less
than two weeks is less than:
— ECU 177,88/100 kg for extra virgin olive oil, and/or
— ECU 170,99/100 kg for fine virgin olive oil, and/or
— ECU 166,40/100 kg for ordinary virgin olive oil, and/or
— ECU 156,08/100 kg for lampante virgin olive oil having 1 degree
of free acidity, this amount being reduced by ECU 3,67/100 kgfor each additional degree of acidity.
2. Invitations to tender for a limited period shall specify the
maximum quantity for the whole tendering procedure and may specifymaximum quantities for each:
— category of virgin olive oil as referred to in the Annex to Regulation
No 136/66/EEC,
— category of approved operators as referred to in Article 3(1),— Community region or Member State.
Invitations to tender for a limited period may be opened for only certain
of the categories or regions referred to in the first subparagraph so as togive priority to the operators referred to in Article 3(1)(a).
Invitations to tender for a limited period may be closed before the end of
the period in accordance with the procedure laid down in Article 38 of
Regulation No 136/66/EEC.1998R2768 — EN — 09.06.2001 — 001.001 — 3
(1) OJ L 31, 3. 2. 1988, p. 16.
(2) OJ L 367, 16. 12. 1989, p. 44.
(3) OJ L 9, 15. 1. 1998, p. 25.
(4) OJ L 293, 31. 10. 1998, p. 64.
▼B
Article 3
1. Operators approved to that end by the competent body in the
Member State concerned may submit tenders in respect of partial
invitations to tender. Approved operators may include the following:
(a) a producers' group or an association of such groups, recognised in
accordance with Regulation (EC) No 952/97, or
(b) a producers' group or an association of such groups, recognised in
accordance with Article 20c of Regulation No 136/66/EEC, or
(c) a mill approved in accordance with Article 13 of Council Regulation
(EEC) No 2261/84(1) for more than two marketing years and which
allows not less than 2 tonnes of oil to be extracted per eight-hourworking day and which has obtained over the two precedingmarketing years a total of at least 500 tonnes of virgin olive oil, or
(d) a packaging firm with a capacity, in the territory of a Member State,
equal at least to 6 tonnes of oil put up per eight-hour working day,and which has put up over the two preceding marketing years a total
of at least 500 tonnes of olive oil.
2. For the purposes of the approval referred to in paragraph 1,
operators shall give an undertaking to:
— accept the sealing, by the competent body in the Member State, of
the vats containing the olive oil covered by a storage contract,
— keep stock records of the oil and, where appropriate, the olives they
are storing,
— undergo all checks provided for under this aid scheme for private
storage contracts.
They shall make a declaration of the capacity of their storage facilities,
provide a plan of those facilities and supply evidence of compliancewith the conditions in paragraph 1.
3. Operators meeting the conditions in paragraphs 1 and 2 shall be
approved and given an approval number within two months of the month
in which the complete file containing the application for approval is
submitted.
Without prejudice to Article 13(3), approval shall be refused or
withdrawn forthwith from operators:
— who fail to meet the conditions for approval, or
— against whom proceedings have been instituted by the competent
authorities for breach of the rules governing the scheme provided forin Regulation No 136/66/EEC, or
— who have been penalised for breach of the Regulation during the
preceding 24 months.
Article 3a
Member States shall notify the Commission, each Wednesday at the
latest, of the average prices during the previous week for the variouscategories of olive oil referred to in the Annex to Regulation No 136/66/EEC on the principal representative markets in their territory.
Where appropriate, prices shall be accompanied by details of the volume
and representativity of the transactions concerned.1998R2768 — EN — 09.06.2001 — 001.001 — 4
(1) OJ L 208, 3. 8. 1984, p. 3.▼M1
▼B
Article 4
The deadlines for the submission of tenders in respect of partial
tendering procedures shall be as follows:
— for November, January, February, March, April, May, June, July,
September and October, from the fourth to the eighth day at middayand from the 18th to the 22nd at midday,
— for August, from the 18th to the 23rd at midday,— for December, from the 9th to the 14th at midday.
The time of the deadline shall be local Belgian time. Where the day on
which the deadline expires in a Member State is a holiday for the bodyresponsible for receiving the tenders, the deadline shall expire at midday
on the last preceding working day.
Article 5
1. Without prejudice to Article 11, tenders for a minimum quantity of
50 tonnes shall be made in respect of the amount of aid per day, for theprivate storage for 365 days in sealed vats and in accordance with theconditions laid down in this Regulation of virgin olive oil in bulk in oneof the four categories listed in the Annex to Regulation No 136/66/EEC.
2. Approved operators shall take part in the partial tendering
procedure either by submitting a written tender to the competent bodyin a Member State, against receipt of delivery, or by fax to that body.
Where an operator takes part in a partial tendering procedure for more
than one category of oil or for vats located at different addresses, he
shall submit a separate tender in each case.
A tender shall be valid only for a single partial tendering procedure.
Once submitted, tenders may not be withdrawn or altered after theclosing date for submission of tenders.
3. Tenders shall contain:
(a) a reference to this Regulation and to the partial tendering procedure
to which the tender refers;
(b) the name and address of the tenderer;
(c) the category of approved operator, referred to in Article 3(1), and the
approval number;
(d) the quantity and category of olive oil covered by the tender;
(e) the exact address of the place at which the storage vats are located;
(f) the amount of aid per day of private storage per tonne of olive oil,
expressed in ecus to two decimal places;
(g) the amount of the security to be established in accordance with
Article 6 expressed in the currency of the Member State in which thetender is made.
4. To ensure that their validity is recognised, tenders must:
— be drawn up, together with the relevant documents, in the official
language or one of the official languages of the Member State of thecompetent body which receives them,
— be submitted in accordance with this Regulation and contain all the
particulars listed in paragraph 3,
— not contain conditions other than those provided for in this
Regulation,
— be made by an operator approved by the Member State in which they
are received, and concern storage vats located in that Member State,
— be accompanied, prior to the deadline for the submission of tenders,
by proof that the tenderer has established the security specified inthem.
Article 6
1. Tenderers shall establish a security of ECU 50 per tonne of olive
oil covered by a tender.1998R2768 — EN — 09.06.2001 — 001.001 — 5
▼B
2. Where tenders are unsuccessful, the security referred to in
paragraph 1 shall be released forthwith following publication in theOfficial Journal of the European Communities of the maximum amount
of the aid for the partial tendering procedure concerned.
3. Where tenders are successful, a security of ECU 200 per tonne of
olive oil covered by the tender shall be established no later than the first
day of performance of the contract as referred to in Article 9(3) second
paragraph in addition to the security referred to in paragraph 1.
4. The primary requirement within the meaning of Article 20 of
Regulation (EEC) No 2220/85 for the release of the securities referred toin paragraphs 1 and 3 shall be the storage for six months provided for inthe tender under the contract conditions laid down in this Regulation.
However, where the duration of the contract is reduced to less than six
months pursuant to Article 11, the storage period referred to in the firstsubparagraph shall be the same as the period of performance of thecontract.
Article 7
1. Tenders shall be examined by the competent body in the Member
State concerned in the absence of members of the public. Subject toparagraph 2, persons present at the examination shall be under anobligation not to disclose any particulars relating thereto.
2. Valid tenders shall be notified to the Commission, classified in
increasing order of amount, unnamed, by fax, not later than 48 hoursfollowing the expiry of the deadline for the submission of tenders. If thedeadline expires on a Friday tenders shall be notified no later than
midday the following Monday.
3. Particulars shall be given for each tender notified of the quantity,
category of oil and amount referred to in Article 5(3)(d) and (f). Inaddition, where the procedure sets maximum quantities for eachcategory of operators or region, the categories or regions concernedshall be indicated for each tender.
Article 8
1. In accordance with the procedure laid down in Article 38 of
Regulation No 136/66/EEC and on the basis of the tenders received, a
maximum amount of aid shall be set per day of private storage not later
than the ninth working day following the expiry of each deadline set forthe submission of tenders under partial tendering procedures.
2. The maximum amount of aid shall be set in the light of the
situation and foreseeable developments on the market in olive oil, andthe opportunities for contributing significantly to ensuring that themarket is regulated by the measure concerned.
In addition, account shall be taken of quantities which are covered
already by private storage contracts and of the quantities covered by thetenders received.
3. When the maximum amount is being set, and in accordance with
the same procedure, all tenders in respect of a category of oil, a category
of operator or a region for which a maximum quantity has been set underArticle 2(2) may be rejected where, in the case of the category or regionin question:
— the tenders are not representative, or
— the maximum amount set could result in an overrun of the maximum
quantity concerned.
Article 9
1. The contract shall be awarded, without prejudice to Article 8(3), to
the tenderer or tenderers whose tender has been notified in accordancewith Article 7(2), and which corresponds to the maximum amount of aid
per day of private storage, or less for the quantity shown in the tender.1998R2768 — EN — 09.06.2001 — 001.001 — 6
▼B
The rights and obligations of the successful tenderer shall not be
transferable.
2. The competent body in the Member State concerned shall notify
all tenderers in writing of the outcome of their participation in the
tendering procedure not later than the second working day following thedate of publication of the maximum amount of the aid in the Official
Journal of the European Communities .
3. The date of conclusion of the contract shall be that on which the
notice of acceptance of the tender is dispatched to the tenderer.
The date of commencement of performance of the contract, subject to
the lodging of the security referred to in Article 6(3), shall be that of theday following the conclusion of the contract, and the oil in questionmust be stored in the conditions provided for in the contract.
4. Within 30 days of the conclusion of the contract, the competent
body in the Member State shall
— identify the vats containing the olive oil concerned,
— record the net weight of the oil,
— take a sample representative of the tender,— seal each vat.
5. The sample taken shall be analysed as quickly as possible to ensure
that the oil corresponds to the category for which the contract wasawarded.
Article 10
1. The contract drawn up in two copies shall contain at least the
following:
(a) the name and address of the competent body in the Member State;
(b) the full postal address, and the approval number and category of the
contractor, as referred to in Article 3(1);
(c) the exact address of the place of storage;
(d) the date of conclusion of the contract;
(e) the date of commencement and of completion of performance of the
contract, subject to Article 11;
(f) a reference to this Regulation and to the partial tendering procedure
concerned.
2. The contract shall contain a reference in respect of each batch
covered by it to:
— the category and net weight of the virgin olive oil,
— the particulars of the vats containing the oil.
3. The contract shall require the contractor:
(a) to keep in storage, for an agreed period, the agreed quantity of the
product concerned, at his expense and risk;
(b) to store oil of different categories in separate vats, specified in the
contract and sealed by the competent body in the Member State;changes of vats must be authorised by that body, undertaken in its
presence and have new seals affixed;
(c) to allow the competent body in the Member State to verify at all
times compliance with the requirements of the contract.
4. Without prejudice to Article 11, where the contractor terminates
the contract while it is being performed, the securities referred to inArticle 6 and, where appropriate, Article 12, shall be forfeit in theirtotality; in addition, the contractor shall lose the benefit of the aid for the
whole of the period and for all the quantities provided for in the contract.1998R2768 — EN — 09.06.2001 — 001.001 — 7
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Article 11
1. The Commission, on the basis of developments on the market in
olive oil and the outlook for the future, may decide in accordance with
the procedure laid down in Article 38 of Regulation No 136/66/EEC to
shorten the duration of contracts which are being performed.
Changes to contracts may be adopted only during the period 1
September to 31 December, and may not take effect before the end ofthe month following that in which they are adopted.
2. Where a contract is changed pursuant to paragraph 1, the
Commission shall set a percentage reduction to be applied to thenumbers of days of performance provided for after a date specified forall contracts which are being performed on that date.
Article 12
1. Following the conclusion of the contract an advance corresponding
to the aid provided for in respect of the period starting on the date of
commencement of performance of the contract and ending on 31 Augustfollowing may be paid on condition that a security is lodged for anamount equal to 120 % of the advance.
In the case of contracts that are being performed, from 1 January, a
further advance may be paid for the period beginning on 1 September
and ending on expiry of those contracts, under the terms specified in thefirst subparagraph.
2. The security referred to in paragraph l shall be released forthwith
on payment of the balance of the aid in accordance with Article 14(3).
Article 13
1. Before final payment of the aid is made, the competent body in the
Member State shall:
— collect and verify the proof of compliance with the conditions laid
down in this Regulation,
— carry out the necessary checks to ensure that the olive oil in question
has remained in storage during the whole of the storage periodreferred to in the contract,
— take all the measures necessary to ensure that checks are made on
compliance with the requirements of the contract.
2. Checks on compliance shall include the physical inspection of the
goods stored, together with scrutiny of the accounts.
The physical inspection shall cover in particular the compliance of the
stocks covered by the contract with the categories of oil provided for inthe contract, the presence of the seals and of the quantities provided for.
3. Where there is failure to comply with the requirements of the
contract, the aid shall not be granted, and without prejudice to otherpenalties that may be applied, the approval of the operator shall bewithdrawn. In addition, securities as referred to in Articles 6 and 12 shallbe forfeit under the terms of Regulation (EEC) No 2220/85.
Article 14
1. The aid amount shall be calculated in relation to the net weight
recorded in accordance with Article 9(4).
The rate to be applied when converting the amount of private storage aid
into national currency shall be the agricultural conversion rate applicableon the date of commencement of performance of the contract.
2. The requirements relating to the quantities provided for in the
tenders and contracts shall be regarded as met if they are in fact met inrespect of 98 % of those quantities.
Where the analysis referred to in Article 9(5) does not suffice to confirm
that the oil in the vat corresponds to the category for which the contract1998R2768 — EN — 09.06.2001 — 001.001 — 8
▼B
was awarded, the entire quantity covered by the tender shall be deemed
not to be in conformity.
3. The aid, or where an advance has been granted under Article 12
the balance of the aid, shall be paid only when all the requirements of
the contract have been met. Payment of the aid, or the balance of the aid,
shall be made following a check on compliance with the requirements,within 60 days following expiry of the contract.
Article 15
1. The Member States concerned shall notify the Commission of the
national measures taken to apply this Regulation and of the specimencontract.
2. The Member States shall notify the Commission of the quantities
of olive oil for which an aid has been awarded and which, asappropriate, are not the subject of:
— a contract,
— compliance with or the performance in full of the contract.
The notices referred to in the first subparagraph shall specify the partial
tendering procedure concerned and, as appropriate, the categories of oil,operators, or regions concerned. Notification shall take place at theearliest opportunity and not later than the 10th day of the month
following the month concerned.
Article 16
Regulation (EEC) No 314/88 and Regulation (EC) No 94/98 are hereby
repealed.
Article 17
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1998R2768 — EN — 09.06.2001 — 001.001 — 9