Commission Regulation (EC) No 2194/2001 of 12 November 2001 amending Regulation (EC) No 327/2001 authorising the conclusion of private storage contracts for olive oil and opening an invitation to tender for a limited period for aid relating thereto
Date: 2001-11-12
Institutions: European Commission
Subjects: aid system, award of contract, contract, olive oil, private stock

L 295/6

EN

Official Journal of the European Communities

13.11.2001

COMMISSION REGULATION (EC) No 2194/2001

of 12 November 2001

amending Regulation (EC) No 327/2001 authorising the conclusion of private storage contracts for
olive oil and opening an invitation to tender for a limited period for aid relating thereto

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Regulation No 136/66/EEC of 22
September 1966 on the establishment of a common organ-
isation of the market in oils and fats (1), as last amended by
Regulation (EC) No 1513/2001 (2), and in particular Article
12a thereof,

Whereas:

(1)

(2)

The first paragraph of Article 12a of Regulation No
in order to regularise the
136/66/EEC provides that,
market in the event of serious disturbance in certain
regions of the Community, bodies offering sufficient
guarantees and approved by the Member States may be
authorised to conclude storage contracts for the olive oil
they market.

In accordance with Commission Regulation (EC) No
327/2001 of 16 February 2001 authorising the conclu-
sion of private storage contracts for olive oil and
opening an invitation to tender for a limited period for
aid relating thereto (3), bodies approved by the Member
States have concluded private storage contracts which
expire on 31 December 2001. In view of the current
situation on the market, contracting parties should be
authorised to cancel their private storage contracts for
extra virgin or virgin olive oil. Provision should also be
made for the release in full of the securities lodged in
accordance with Article 6 of Commission Regulation
(EC) No 2768/98 of 21 December 1998 on the aid
the private storage of olive oil (4), as
scheme for
amended by Regulation (EC) No 1081/2001 (5), and, as
the case may be, with Article 12 of that Regulation, and
for the payment of the aid or the balance of the aid
within a time limit commencing on the date of cancella-
tion of the contract.

The following Article 2a is inserted after Article 2 of Regula-
tion (EC) No 327/2001:

‘Article 2a

By derogation from the first paragraph of Article 2,
1.
contracting parties may cancel
storage
contracts for virgin or extra virgin olive oil in respect of a
maximum:

their private

— 50 % of the quantity covered by a single operator's

contracts before 20 November 2001,

— 80 % of the quantity covered by a single operator's

contracts before 20 December 2001.

2. Where paragraph 1 is
termination of
contracts in respect of the quantities concerned shall take
effect on the date on which the competent body of the
Member State concerned receives notification from the
contracting party cancelling the contract.

applied,

The securities lodged in respect of

the quantities
3.
concerned under Article 6 of Regulation (EC) No 2768/98
shall be released on the date referred to in the preceding
paragraph.

4. Where paragraph 1 is applied and by derogation from
Article 14(3) of Regulation (EC) No 2768/98, the aid or,
where appropriate, the balance of the aid for the quantities
concerned shall be paid within 60 days following the dates
referred to in paragraph 2 after verification that contractual
undertakings have been respected.

5.
The securities lodged for the quantities concerned
under Article 12(1) of Regulation (EC) No 2768/98 shall be
released after payment of the balance of the aid on the
dates referred to in the preceding paragraph.

6.
Article 10(4) of Regulation (EC) No 2768/98 shall not
apply to quantities in respect of which the contracts have
been cancelled in accordance with this Article.’

(3)

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

Article 2

(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
(3) OJ L 48, 17.2.2001, p. 9.
(4) OJ L 346, 22.12.1998, p. 14.
(5) OJ L 149, 2.6.2001, p. 17.

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

13.11.2001

EN

Official Journal of the European Communities

L 295/7

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

Done at Brussels, 12 November 2001.

For the Commission

Franz FISCHLER

Member of the Commission