CELEX: 31991R1522
Language: en
Date: 1991-06-06 00:00:00
Title: Commission Regulation (EEC) No 1522/91 of 5 June 1991 opening an invitation to tender for the sale of olive oil held by the Spanish intervention agency for export for export to the Canary Islands

No L 142/20                                Official Journal of the European Communities                                    6. 6. 91
                                     COMMISSION REGULATION (EEC) No 1522/91
                                                           of 5 June 1991
                 opening an invitation to tender for the sale of olive oil held by the Spanish
                           intervention agency for export for export to the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          system of export refunds on agricultural products f), as
                                                                     last amended by Regulation (EEC) No 1615/90 (8), specify
                                                                     the evidence required to prove importation into a third
Having regard to the Treaty establishing the European                country ;
Economic Community,
                                                                     Whereas the measures provided for in this Regulation are
                                                                     in accordance with the opinion of the Management
Having regard to Council Regulation No 136/66/EEC of                 Committee for Oils and Fats,
22 September 1966 on the establishment of a common
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 3577/90 (2), and in
particular Article 12 (4) thereof,                                   HAS ADOPTED THIS REGULATION :
Whereas Article 2 ( 1 ) of Council Regulation (EEC) No
                                                                                               Article 1
2754/78 (3), as amended by Regulation (EEC) No
2203/90 (4), provides that sales of olive oil held by inter­
vention agencies are to be organized by invitation to                 1 . The Spanish intervention agency Servicio Nacional
tender ;                                                             de Productos Agrarios, hereinafter referred to as 'Senpa',
                                                                     shall open an invitation to tender in accordance with the
                                                                     provisions of this Regulation and of Regulation (EEC) No
Whereas, pursuant to Article 12 ( 1 ) of Regulation No               2960/77 for the sale for export of approximately 4 000
 136/66/EEC, the Spanish intervention agency has bought              tonnes of lampante virgin olive oil.
in large quantities of olive oil ;
                                                                     2. The olive oil awarded must be exported to the
                                                                     Canary Islands, in the form of products put up in
Whereas Commission Regulation (EEC) No 2960/77 (5),                  containers with a net content of not more than five litres
as last amended by Regulation (EEC) No 3818/85 (6), lays             and of the quality defined in point 3 of the Annex to
down the conditions for sale by invitation to tender ;               Regulation No 136/66/EEC.
Whereas, in order to ensure the supply of olive oil to the                                      Article 2
Canary Islands, some of the oil from Community inter­
vention stocks should be made available for export to that
destination ;
                                                                     The invitation to tender shall be made public on 7 June
                                                                      1991 .
Whereas the minimum selling price is so fixed that the               Particulars of the lots of oil offered for sale and the places
Community operators enjoy equal conditions of competi­               where they are stored shall be displayed at the head office
tion with operators in third countries ; whereas, accor­             of Senpa, Calle Beneficencia 8 , E-Madrid 28004.
dingly, oil sold pursuant to this Regulation must not
qualify for export refunds as provided for in Article 20 of           Notwithstanding Article 5 (2) of Regulation (EEC) No
Regulation No 136/66/EEC or for consumption aid as                   2960/77, Senpa shall be authorized, where the quantity of
provided for in Article 1 1 of that Regulation or be subject         oil in a container exceeds 400 tonnes, to make up several
to the arrangements on monetary compensatory amounts                 lots with part only of such oil.
or on accession compensatory amounts ;
                                                                     A copy of the invitation to tender referred to above shall
                                                                     be forwarded without delay to the Commission .
Whereas Articles 16, 17 and 18 of Commission Regula­
tion (EEC) No 3665/87 of 27 November 1987 laying
down common detailed rules for the application of the                                          Article 3
(') OJ No 172, 30. 9. 1966, p. 3025/66.                              Tenders must reach Senpa, Calle Beneficia 8 , E-Madrid
h OJ No L 353, 17. 12. 1990, p. 23.                                  28004, not later than 2 p.m . (local time) on 21 June 1991 .
(') OJ No L 331 , 28 . 11 . 1978 , p. 13 .
(4) OJ No L 201 , 31 . 7. 1990 , p. 5.
0 OJ No L 340, 30. 12. 1977, p. 46 .                                 0 OJ No L 351 , 14. 12. 1987, p. 1 .
b) OJ No L 368, 31 . 12. 1985, p. 20.                                0 OJ No L 152, 16. 6 . 1990, p. 33 .
 ---pagebreak--- 6. 6. 91                              Official Journal of the European Communities                           No L 142/21
Tenders shall be admissible only if submitted by a natural                                Article 7
or legal person who exercises an activity in the olive oil
sector and is entered in that capacity as at 31 December        The olive oil shall be sold by Senpa not later than the
1990 in a public register of a Member State.                    seventh day of the month following that in which the
                                                                tenders were submitted.
No tenderer may submit a tender for a quantity in excess
of 400 tonnes .                                                                           Article 8
                         Article 4                              The security referred to in Article 7 of Regulation (EEC)
                                                                No 2960/77 shall be Pta 3 000 per 100 kilograms.
1.    Tenders shall be submitted for oil of 3° acidity.
                                                                The security referred to in Article 12 (3) of Regulation
2. Where the oil awarded has a different degree of              (EEC) No 2960/77 shall be Pta 18 000 per 100 kilograms
                                                                of olive oil .
acidity from that for which the tender was submitted, the
price to be paid shall be equal to the price tendered,           For the purpose of applying Article 1 (2), the security
increased or reduced in accordance with the scale below :
                                                                referred to in the second paragraph of this Article shall
— up to 3° acidity :                                            not be released until proof is provided that a quantity of
    increase of Pta 48,62 for each tenth of a degree of         product equal to 1 1 0 % of that obtained by refining the
    acidity below 3° ,                                          oil awarded has been imported into, and released for
                                                                consumption in, the Canary Islands before 10 December
— more than 3° to up to 5° acidity,                              1991 , except in cases where it is destroyed during trans­
    reduction of Pta 48,62 for each tenth of a degree of        port as a result of force majeure, without the identifica­
    acidity above 3° ,                                          tion number referred to in Article 2 (2) of Council Regu­
— more than 5° acidity,                                         lation (EEC) No 3089/78 ('). Such proof shall be provided
                                                                no later than three months following the date of import.
    additional reduction of Pta 53,17 for each tenth of a
    degree above 5° .
                                                                                          Article 9
                         Article 5                              Products dispatched pursuant to this Regulation shall not
                                                                qualify for export refunds or consumption aid and shall
Not later than three days after the expiry of the time limit    not be subject to the arrangements or monetary or acces­
laid down for the submission of tenders, Senpa shall send       sion compensatory amounts.
the Commission a list, without mentioning names, stating
the highest tender received for each lot put up for sale.                                Article 10
                         Article 6                              The storage charge provided for in Article 15 of Regula­
                                                                tion (EEC) No 2960/77 shall be Pta 400 per 100 kilo­
The minimum selling price shall be fixed, in accordance         grams .
with the procedure laid down in Article 38 of Regulation
No 136/66/EEC, on the basis of the tenders received, not                                 Article 11
later than the last working day of the month during
which the tenders were submitted. The decision fixing the       This Regulation shall enter into force on the day of its
minimum selling price shall be notified forthwith to the        publication in the Official Journal of the European
Member State concerned .                                         Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 5 June 1991 .
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission
                                                                (') OJ No L 369, 29 . 12. 1978 , p. 12.