CELEX: 31989R1416
Language: en
Date: 1989-05-25 00:00:00
Title: Commission Regulation (EEC) No 1416/89 of 24 May 1989 opening an invitation to tender for the sale of olive oil held by the Spanish intervention agency

25. 5. 89                                  Official Journal of the European Communities                            No L 141 /21
                                       COMMISSION REGULATION (EEC) No 1416/89
                                                           of 24 May 1989
                   opening an invitation to tender for the sale of olive oil held by the Spanish
                                                         intervention agency
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          provisions of this Regulation and of Regulation (EEC) No
                                                                      2960/77 for the sale on the Community market of the
 Having regard to the Treaty establishing the European                following quantities of olive oil :
 Economic Community,
                                                                      — 2 500 tonnes of ordinary virgin olive oil,
 Having regard to Regulation No 136/66/EEC of the                     — 12 500 tonnes of lampante virgin olive oil.
 Council of 22 September 1966 on the establishment of a
 common organization of the market in oils and fats ('), as           By way of derogation from Article 5 (2) of Regulation
 last amended by Regulation (EEC) No 1 225/89 (2), and in             (EEC) No 2960/77, Senpa shall, where the quantity of oil
 particular Article 12 (4) thereof,                                   in a container exceeds 500 tonnes, be authorized to
                                                                      establish several lots with part only of that oil.
Whereas Article 2 of Council Regulation (EEC) No
2754/78 (3), provides that olive oil held by the interven­                                      Article 2
tion agencies shall be put up for sale by tender ;
                                                                      The invitation to tender shall be published on 25 May
Whereas, pursuant to Article 1 (2) of Commission Regula­              1989.
tion (EEC) No 629/86 (4), the Spanish intervention agency
holds in stock large quantities of olive oil ;                        Particulars of the lots of oil offered for sale and of the
                                                                      places where they are stored shall be displayed at the
Whereas Commission Regulation (EEC) No 2960/77 (*),                   central office of Senpa, calle Beneficencia, 8, Madrid
as last amended by Regulation (EEC) No 3818/85 (6), laid              28004, Spain.
down the conditions for the sale by tender on the
Community market and for export of olive oil ; whereas                A copy of the invitation to tender shall be sent without
the state of the market in olive oil is at present favourable         delay to the Commission.
for the sale of part of the said oil ;
Whereas in the present situation of the market in                                              Article 3
lampante virgin olive oils where supply is low compared
with demand and in order to provide the greatest possible             The tenders must reach Senpa, calle Beneficencia, 8,
number of operators with a minimum supply for their                   Madrid 28004, Spain, not later than 2 p.m. (local time) on
immediate needs, it should be stipulated that each                    8 June 1989. Tenders shall be admissible only if
operator may only submit tenders for a maximum quan­                  submitted by a natural or legal person who exercises an
tity ; whereas in order to avoid any misuse of this provi­            activity in the olive oil sector and is registered as at 31
sion and therefore prevent a limited number of operators              December 1 988 in a public register of a Member State.
from monopolizing the quantities put up for sale, it
                                                                      Furthermore, no tenderer may submit a tender for a
should be stipulated that only recognized operators may
submit tenders in response to this invitation ;
                                                                      quantity in excess of 1 500 tonnes.
Whereas the measures provided for in this Regulation are                                       Article 4
in accordance with the opinion of the Management
Committee for Oils and Fats,                                          1 . With regard to lampante virgn olive oil, tenders
                                                                      shall be submitted for an oil of 3° acidity.
                                                                      2. Where the oil awarded has a different degree of
HAS ADOPTED THIS REGULATION :                                         acidity from 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 :
                             Article 1
                                                                      — up to 3° acidity :
The Spanish intervention agency 'Servicio Nacional de                     increase of Pta 49,35 for each tenth of a degree of
Productos Agrarios', hereinafter referred to as 'Senpa',                  acidity below 3° ,
shall open an invitation to tender in accordance with the
                                                                      — above 3° up to 8° acidity :
                                                                          reduction of Pta 49,35 for each tenth of a degree of
(') OJ  No  172, 30. 9.  1966, p. 3025/66.                                acidity above 3° ,
(2) OJ  No  L 128, 11 .  5. 1989, p. 15.
0   OJ  No  L 331 , 28 . 11 . 1978, p. 13 .                           — above 8° :
(«) OJ  No  L 60, 1 . 3.  1986, p. 8.
0   OJ  No  L 348, 30.   12. 1977, p. 46.                                 additional reduction of Pta 53,98 for each tenth of a
(s) OJ  No  L 368, 31 .  12. 1985, p. 20.                                 degree above 8° .
 ---pagebreak--- No L 141 /22                          Official Journal of the European Communities                                25. 5. 89
                          Article 5                             Senpa shall supply the agencies responsible for storage
                                                                with a list of the lots remaining unsold.
Not later than three days after the expiry of the time limit
laid down for the submission of tenders, Senpa shall send
the Commission a list, without mentioning names, stating
                                                                                        Article 8
the highest tender received for each lot put up for sale.
                          Article 6                             The security referred to in Article 7 of Regulation (EEC)
                                                                No 2960/77 shall be Pta 3 000 per 100 kilograms.
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                                 Article 9
the tenders received, not later than the 10th working day
after the expiry of each final date laid down for the           The storage charge referred to in Article 1 5 of Regulation
submission of tenders. The decision fixing the minimum          (EEC) No 2960/77 shall be Pta 400 per 100 kilograms.
selling price shall be notified forthwith to the Member
State concerned .
                                                                                        Article 10
                         Article 7
The olive oil shall be sold by Senpa not later than the         This Regulation shall enter into force on the day of its
fifth working day after the date of notification of the deci­   publication in the Official Journal of the European
sion referred to in Article 6.                                  Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 24 May 1989.
                                                                         For the Commission
                                                                          Ray MAC SHARRY
                                                                     Member of the Commission