Commission Regulation (EC) No 867/2002 of 24 May 2002 on the opening of a standing invitation to tender for the sale of lampante virgin olive oil held by the Italian intervention agency
Date: 2002-05-24
Institutions: European Commission
Subjects: Italy, award of contract, intervention agency, marketing, olive oil, selling price

25.5.2002

EN

Official Journal of the European Communities

L 137/3

COMMISSION REGULATION (EC) No 867/2002

of 24 May 2002

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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), as amended by Regulation (EC) No 1513/2001 (2), and
in particular Article 3(1) thereof,

Whereas:

The Spanish, Greek and Italian intervention agencies
bought in olive oil before 1 November 1998 under the
arrangements for intervention buying-in. The legal basis
for those arrangements was repealed with effect from 1
November 1998 by Regulation (EC) No 1638/98. The
Italian intervention agency still has certain quantities of
lampante virgin olive oil in stock. To ensure a smooth
transition from the intervention buying-in arrangements
to the current situation in which such arrangements no
longer exist and in order to dispose of any quantity still
available at the Community intervention centres, author-
isation should be given for the sale of olive oil bought in
by the Italian intervention agency under the repealed
arrangements and still

in stock in Italy.

(6)

(7)

The monitoring arrangements should accordingly be
supplemented by allowing a reference sample to be
taken.

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 Italian intervention agency,

‘Agenzia per le Eroga-
1.
zioni in Agricoltura’, hereinafter referred to as ‘AGEA’, shall
open an invitation to tender in accordance with this Regulation
and Regulations (EEC) No 2960/77 and (EEC) No 2754/78, for
the sale on the Community market of lampante virgin olive oil.
The quantity to be sold shall be approximately 697 tonnes.

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

lots.

Article 2

Article 2(1) of Council Regulation (EEC) No 2754/78 of
23 November 1978 on intervention in the olive oil
sector (3), as amended by Regulation (EEC) No 2203/
the sale of olive oil held by
90 (4),
intervention agencies must be by tender.

lays down that

The invitation to tender shall be published on 7 June 2002.

Details of the lots of oil offered for sale and of the place where
they are currently stored shall be displayed by AGEA at its
central office:

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
the sale by tender of olive oil on the
Community market and for export.

for

Special rules must be laid down to ensure that the
operations are properly carried out and monitored.

To that end the Member State concerned must provide
for all appropriate additional measures compatible with
the provisions in force to ensure that the operations run
smoothly and that the Commission is kept informed.

(1) OJ L 210, 28.7.1998, p. 32.
(2) OJ L 201, 26.7.2001, p. 4.
(3) OJ L 331, 28.11.1978, p. 13.
(4) OJ L 201, 31.7.1990, p. 5.
(5) OJ L 348, 30.12.1977, p. 46.
(6) OJ L 368, 31.12.1985, p. 20.

Via Palestro, 81
I-00185 Rome.

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

Article 3

Tenders must reach AGEA, Via Palestro 81, I-00185 Rome, not
later than 14.00 (local time) on 20 June 2002.

Unsold lots shall be offered for sale in a second invitation to
tender. In that case, tenders must reach the intervention agency
concerned not later than 14.00 (local time) on 5 July 2002.

Article 4

1. With regard to lampante virgin olive oil, tenders shall be
submitted for an oil of 3o acidity.

(1)

(2)

(3)

(4)

(5)

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Official Journal of the European Communities

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2. Where the oil awarded has a different degree of acidity to
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:

— up to 3o acidity:

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

— more than 3o acidity:

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

Article 5

Not later than two days after the expiry of the time limit laid
down for the submission of tenders, the intervention agency
concerned shall send the Commission a list, without names,
stating the highest tender received for each lot offered 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 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 agency concerned shall sell the olive oil not later than
the fifth working day after the date of notification of the
decision referred to in Article 6. The intervention agency 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

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

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 thirtieth 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;

(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, 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
day, inform the intervention agency concerned 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 obliga-
tions relating to the lot in question, including those relating
to the securities.

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

— the intervention agency shall, that same day, inform the
in accordance with Annex I, and the

Commission,
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 obliga-
tions relating to the lot in question, including those relating
to the securities.

Article 11

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

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

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

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

Done at Brussels, 24 May 2002.

For the Commission

Franz FISCHLER

Member of the Commission

The only numbers to be used in Brussels are (DG AGRI/C.3, for the attention of Mr Gazagnes):

— fax: (32-2) 296 60 09.

ANNEX I

ANNEX II