Commission Regulation (EC) No 2712/1999 of 20 December 1999 on the opening of a standing invitation to tender for the sale of olive oil held by the Spanish and Greek intervention agencies
Date: 1999-12-20
Institutions: European Commission
Subjects: Greece, Spain, award of contract, intervention agency, olive oil

L 327/28

EN

Official Journal of the European Communities

21. 12. 1999

COMMISSION REGULATION (EC) No 2712/1999

of 20 December 1999

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(8)

the measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Oils and Fats,

Having regard to the Treaty establishing the European
Community,

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

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Article 2 of Council Regulation (EEC) No 2754/78 of 23
November 1978 on intervention in the olive oil
sector (2), as amended by Regulation (EEC) No 2203/
the sale of olive oil held by
90 (3),
intervention agencies must be by tender;

lays down that

in accordance with Article 12(1) of Council Regulation
No 136/66/EEC (4), as last amended by Regulation (EC)
No 1638/98,
the
Spanish and Greek intervention agencies currently hold
certain quantities of olive oil;

in force until 31 October 1998,

Commission Regulation (EEC) No 2960/77 of 23
December 1977 on detailed rules for the sale of olive oil
held by intervention agencies (5), as last amended by
Regulation (EEC) No 3818/85 (6), lays down the condi-
tions for the sale by tender on the Community market
and for export of olive oil. The situation on the market
in olive oil currently favours the sale of
in
question;

the oil

market demand for virgin olive oils not directly edible
exceeds supply. In order to provide the greatest possible
number of operators with the minimum supplies
required to meet their immediate needs, an upper limit
should be placed on the quantity for which each oper-
ator may submit a tender;

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

the

to that end the Member States must provide for all
additional measures compatible with the provisions in
force to ensure that the operations take place smoothly
and that the Commission is kept informed;

the monitoring arrangements should accordingly be
supplemented by allowing a reference sample to be
taken;

(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.

HAS ADOPTED THIS REGULATION:

Article 1

1.
The Spanish intervention agency, Fondo Español de
Garantía Agraria, hereinafter referred to as ‘FEGA’, and the
Greek intervention agency, Diefthinsi Diachiriseos Agoron
Georgikon Proionton, hereinafter referred to as ‘DIDAGEP’,
shall open invitations to tender in accordance with this Regula-
tion and Regulation (EEC) No 2960/77 for the sale on the
Community market of virgin olive oil, the details of which shall
be specified in the invitations to tender in accordance with
Article 5 of Regulation (EEC) No 2960/77. The quantities to be
sold, before deduction of the quantities reserved in the 2000
financial year for the most deprived persons in the Community,
shall be approximately 11 000 tonnes and 12 000 tonnes
respectively.

2.
Notwithstanding Article 5(2) of Regulation (EEC) No
2960/77, where the quantity of oil in a container exceeds 500
tonnes, the Spanish and Greek intervention agencies shall be
authorised to divide that quantity into several

lots.

Article 2

The invitations to tender shall be published on 18 January
2000.

Details of the lots of oil offered for sale and of the places where
they are stored shall be displayed respectively at the central
office of FEGA, calle Beneficencia, 8, E-28004 Madrid, and at
the central office of DIDAGEP, Acharnon 241, GR-11253
Athens.

Copies of the invitations to tender shall be sent forthwith to
the Commission.

Article 3

Tenders must reach the central offices of the intervention agen-
cies referred to in Article 2 not later than 2 p.m. (local time) on
8 February 2000.

Unsold lots shall be offered for sale in a second invitation to
tender. In that case, tenders must reach the intervention agen-
cies concerned not
time) on 29
later than 2 p.m.
February 2000.

(local

21. 12. 1999

EN

Official Journal of the European Communities

L 327/29

Tenders shall be admissible only if they are submitted by a
natural or legal person engaged in activities relating to olive oil
and recorded as such in a public register of a Member State on
31 December 1999.

Moreover, no tenderer may submit a tender for more than 500
tonnes.

Article 4

1. With regard to lampante virgin olive oil, tenders shall be
submitted for an oil of 3° 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 accord-
ance with the scale below:
— up to 3° acidity:

increase of EUR 0,32 for each tenth of a degree of acidity
below 3°,

— more than 3° acidity:

Article 10

Without prejudice to Article 11(1) and (2) of Regulation (EEC)
No 2960/77, before the lot awarded is removed, the interven-
tion agency concerned, the successful tenderer and the storage
agency shall take a reference sample and test it in accordance
with Article 2(4) and (5) of Commission Regulation (EEC) No
3472/85 (1).

The intervention agency must 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 indicates a
difference between the quality of
to be
removed and the quality of the oil as described in the
invitation to tender, while confirming that the oil is still
olive oil as referred to in point 1 of the Annex to Regula-
tion No 136/66/EEC, the following provisions shall apply:

the olive oil

(i) the intervention agency shall, that same day, inform the
in accordance with Annex I, and the

Commission,
storer and the successful tenderer thereof;

reduction of EUR 0,32 for each tenth of a degree of acidity
above 3°.

(ii) the successful tenderer may:

Article 5

Not later than two days after the expiry of the time limit laid
down for the submission of tenders, the intervention agencies
concerned 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 kilograms of oil shall be
fixed, in accordance with the procedure laid down in 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 tenders. The decision
fixing the minimum selling price shall be notified immediately
to the Member State concerned.

Article 7

Without prejudice to Article 10 of this Regulation, the inter-
vention agencies concerned shall sell the oil not later than the
fifth working day after the date of notification of the decision
referred to in Article 6. The intervention agencies 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 per 100 kilograms.

Article 9

— either agree to take over the lot with its quality as

established,

— or refuse to take over the lot in question, notwith-
standing the declaration made in accordance with
Article 7(6)(b) of Regulation (EEC) No 2960/77. In
that case, the successful tenderers shall, that same
inform the intervention agency concerned
day,
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 ques-
including those relating to the securities.
tion,

(b) If the final result of the tests on the sample indicates that
the oil is not that referred to in point 1 of the Annex to
Regulation No 136/66/EEC:

— the intervention agency concerned shall, that same day,
inform the Commission, in accordance with Annex I,
and the storer and the successful tenderer thereof,

— the successful tenderer shall give official notice, that
same day, to the intervention agency concerned 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.

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.

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

(1) OJ L 333, 11.12.1985, p. 5.

L 327/30

EN

Official Journal of the European Communities

21. 12. 1999

This Regulation shall enter into force on the third day following its publication in the Official Journal of the
European Communities.

Article 11

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

Done at Brussels, 20 December 1999.

For the Commission

Franz FISCHLER

Member of the Commission

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

— fax (32-2) 296 60 09/08

ANNEX I

Communication of refusal of lots under the invitation to tender for the sale of … tonnes of olive oil

held by the … intervention agency

ANNEX II

— Date of successful tenderer:

— Date of award of contract:

— Date of refusal of the lot by successful tenderer:

Lot No

Quantity in
tonnes

Address of warehouse

Reason for refusal to take over