Commission Regulation (EC) No 561/1999 of 15 March 1999 on the opening of a standing invitation to tender for the sale of olive oil held by the Spanish intervention agency
Date: 1999-03-15
Institutions: European Commission
Subjects: Spain, award of contract, intervention agency, olive oil, sale, single market

16. 3. 1999

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 561/1999

of 15 March 1999

on the opening of a standing invitation to tender for the sale of olive oil held by
the Spanish intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

force to ensure that the operation takes place smoothly
and that the Commission is kept informed;

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1638/98
of 20 July 1998 amending Regulation No 136/66/EEC on
the establishment of a common organisation of
the
market in oils and fats (1), and in particular Article 3(1)
thereof,

Whereas Article 2 of Council Regulation (EEC) No 2754/
78 (2), as amended by Regulation (EEC) No 2203/90 (3),
lays down that the sale of olive oil held by intervention
agencies must be by tender;

Whereas,
in accordance with Article 12(1) of Council
Regulation No 136/66/EEC (4), as last amended by Regu-
lation (EC) No 1638/98, in force until 31 October 1998,
the Spanish intervention agency currently holds certain
quantities of olive oil;

Whereas Commission Regulation (EEC) No 2960/77 (5),
as last amended by Regulation (EEC) No 3818/85 (6), lays
down the conditions for the sale by tender on the
Community market and for export of olive oil; whereas
the situation on the market in olive oil currently favours
the sale of some of the oil in question;

Whereas the present situation on the market in virgin
olive oils not directly edible is one of reduced supply
compared to demand; whereas, in order to provide the
greatest possible number of operators with a minimum
supply to meet their immediate needs, it should be laid
down that each operator may only submit tenders for a
maximum quantity;

Whereas special rules must be laid down to ensure that
the operators are properly carried out and monitored;

Whereas to that end the Member States must provide for
all additional measures compatible with the provisions in

(1) OJ L 210, 28. 7. 1998, p. 32.
(2) OJ L 331, 28. 11. 1978, p. 13.
(3) OJ L 201, 31. 7. 1990, p. 5.
(4) OJ 172, 30. 9. 1966, p. 3025/66.
(5) OJ L 348, 30. 12. 1977, p. 46.
(6) OJ L 368, 31. 12. 1985, p. 20.

Whereas the monitoring arrangements should accord-
ingly be supplemented by allowing a reference sample to
be taken;

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

The

Spanish intervention agency,

1.
the Fondo
Espa(cid:157)ol de Garant(cid:146)a Agraria, hereinafter referred to as
‘FEGA', shall open an invitation to tender in accordance
with this Regulation and Regulation (EEC) No 2960/77,
for the sale on the Community market of the following
quantities of olive oil:

— 20 000 t of ordinary virgin olive oil,

— 55 000 t of lampante virgin olive oil.

Five invitations shall be opened, each of which shall be
for approximately one fifth of the above quantities plus
any quantities unsold under the previous invitation.

2. Notwithstanding Article 5(2) of Regulation (EEC)
No 2960/77, where the quantity of oil in a container
exceeds 500 t, FEGA shall be authorised to divide that
quantity into several lots.

Article 2

The invitation to tender shall be published on 23 March
1999.

Details of the lots of oil offered for sale and of the places
where they are stored shall be displayed at the central
office of FEGA, calle Beneficencia, 8, E—28004 Madrid.

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A copy of the invitation to tender shall be sent forthwith
to the Commission.

tenders. The decision fixing the minimum selling price
shall be notified immediately to the Member State
concerned.

Article 3

Article 7

Tenders must
E—28004 Madrid no later that 2 p.m.

reach FEGA at calle Beneficencia, 8,
(local time) on:

— 7 April 1999,

— 5 May 1999,

— 9 June 1999,

— 7 July 1999,

— 21 July 1999.

Tenders shall be admissible only if they are submitted by
a natural or legal person engaged in activity in olive oil
and recorded as such in a public register of a Member
State on 31 December 1998.

Moreover, no tenderer may submit a tender for more than
500 t of ordinary virgin olive oil or 1 000 t of lampante
virgin olive oil.

Article 4

1. With regard to lampante virgin olive oil, tenders
shall be submitted for an oil of 3(cid:190) acidity.

2. Where the oil awarded has a different degree of
acidity to that for which the tender was made, the price to
be paid shall be equal to the price tendered, increased or
reduced in accordance with the scale below:

— up to 3(cid:190) acidity:

increase of EUR 0,32 for each tenth of a degree of
acidity below 3(cid:190),

— more than 3(cid:190) acidity:

reduction of EUR 0,32 for each tenth of a degree of
acidity above 3(cid:190).

Article 5

Not later than two days after the expiry of the time limit
laid down for the submission of tenders, FEGA shall send
the Commission a list, without names, stating the highest
tender received for each lot put up for sale.

Article 6

The minimum selling price per 100 kg of oil shall be
in accordance with the procedure laid down in
fixed,
Article 38 of Regulation No 136/66/EEC, on the basis of
the tenders received, not later than the 10th working day
after the expiry of each deadline for the submission of

Without prejudice to Article 10 of this Regulation, FEGA
shall sell the oil not later than the fifth working day after
the date of notification of the decision referred to in
Article 6. FEGA shall send the storage agencies a list of
the lots remaining unsold.

Article 8

The security referred to in Article 7 of Regulation (EEC)
No 2960/77 shall be EUR 18/100 kg.

Article 9

The storage charge referred to in Article 15 of Regulation
(EEC) No 2960/77 shall be EUR 3/100 kg.

Article 10

Notwithstanding Article 11(1) and (2) of Regulation (EEC)
No 2960/77, before the lot awarded is removed, the inter-
vention agency, the successful tenderer and the storage
agency shall take a reference sample and test it in accord-
ance with Article 2(4) and (5) of Commission Regulation
(EEC) No 3472/85 (1).

The intervention agency shall have the final result of the
tests on this sample not later than the 30th working day
following the notification of the decision referred to in
Article 6.

(a) If the final result of the tests on the sample indicate a
difference between the quality of the olive oil to be
removed and the quality of the oil as described in the
invitation to tender, but that the oil is still olive oil as
referred to in point 1 of the Annex to Regulation No
136/66/EEC, the following provisions shall apply:

(i) the intervention agency shall,

same day,
inform the Commission thereof
in accordance
with Annex I, as well as the storer and the
successful tenderer;

that

(ii) the successful tenderer may:

— either agree to take over the lot with its quality

as established,

— or refuse to take over the lot

in question,
in
notwithstanding the declaration made
accordance with Article 7(6)(b) of Regulation
(EEC) No 2960/77. In that case, the successful
tenderer shall, that same day, inform the inter-
vention agency and the Commission thereof in
accordance with Annex II.

Once these formalities have been completed,
the successful tenderer shall be immediately
released from all his obligations relating to the
lot in question, including those relating to the
securities.

(1) OJ L 333, 11. 12. 1985, p. 5.

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(b) If the final result of the tests on the sample indicate
that the oil is of a different quality to that referred to
in point 1 of
the Annex to Regulation No 136/
66/EEC:

— the intervention agency shall,

same day,
inform the Commission thereof
in accordance
with Annex I, as well as the storer and the
successful tenderer,

that

Once these formalities have been completed, the
successful tenderer shall be immediately released
from all his obligations relating to the lot in ques-
tion, including those relating to the securities.
Notwithstanding the second paragraph of Article
13 of Regulation (EEC) No 2960/77, the whole of
the lot awarded shall be removed by the 70th day
following the notification referred to in Article 6.

— the successful tenderer shall give official notice,
that same day, to the intervention agency that he
cannot take over the lot in question, and shall
inform the Commission thereof, that same day, in
accordance with Annexes I and II.

Article 11

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.

Done at Brussels, 15 March 1999.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

The only numbers to be used in Brussels are (DG VI/C/4, for the attention of Mr Gazagnes):

— fax (32-2) 296 60 09 or (32-2) 296 60 08

Communication of refusal of lots under the invitation to tender for the sale of . . . . . . . . . . . . t of olive
oil held by the Spanish intervention agency

ANNEX II

(cid:190) Name of successful tenderer:

(cid:190) Date of award of contract:

(cid:190) Date of refusal of the lot by successful tenderer:

Lot No

Quantity/t

Address
of warehouse

Reason for refusal to take over