CELEX: 31987R3508
Language: en
Date: 1987-11-24 00:00:00
Title: Commission Regulation (EEC) No 3508/87 of 23 November 1987 opening an invitation to tender for the sale for export of olive oil held by the Spanish intervention agency

24. 11 . 87                                 Official Journal of the European Communities                                 No L 334/7
                                      COMMISSION REGULATION (EEC) No 3508/87
                                                        of 23 November 1987
                  opening an invitation to tender for the sale for export of olive oil held by the
                                                     Spanish intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            detailed rules for the application of the system of export
                                                                       refunds on agricultural products (*), as last amended by
Having regard to the Treaty establishing the European                  Regulation (EEC) No 3826/85 Q, specifies the evidence
Economic Community,                                                    required to prove importation into non-Community
                                                                       countries ;
Having regard to Council Regulation No 136/66/EEC of
22 September 1966 on the establishment of a common                     Whereas the measures provided for in this Regulation are
organization of the market in oils and fats (!), as last               in accordance with the opinion of the Management
                                                                       Committee for Oils and Fats,
amended by Regulation (EEC) No 1915/87 (2), and in
particular Article 12 (4) thereof,
Whereas Article 2 (1 ) of Council Regulation (EEC) No                  HAS ADOPTED THIS REGULATION :
 2754/78 (3) provides that olive oil held by the intervention
 agencies is to be put up for sale by tender ;
                                                                                                  Article 1
Whereas, pursuant to Article 12 ( 1 ) of Regulation No
 136/66/EEC, the Spanish intervention agency has bought                 1 . The Spanish intervention agency Servicio Nacional
 in large quantities of olive oil ;                                    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 Commission Regulation (EEC) No 2960/77 (4),
                                                                        2960/77 for the sale for export of approximately 2 500
 as last amended by Regulation (EEC) No 3818/85 (*), laid               tonnes of lampant virgin olive oil.
 down the conditions for the sale by tender of olive oil ;
 whereas at the present time there exist opportunities for              2. The quantities of olive oil awarded shall not be
 exporting olive oil ;                                                  exported to the United States of America or Canada.
 Whereas, in order to avoid any export problem, it shall be
 precisely stated on the package of the product to be                                             Article 2
 exported one of the denominations set out in the Annex
 to Regulation No 136/66/EEC ;                                          The invitation to tender shall be made public on 24
                                                                        November 1987.
 Whereas the minimum selling price is so fixed that the
 Community operators enjoy equal conditions of competi­                 Particulars of the lots of oil offered for sale and the places
 tion with operators in non-member countries ; whereas,                 where they are stored shall be displayed at the head office
 accordingly, oil should, under this Regulation, qualify                of SENPA, calle Beneficencia, 8, Madrid 28003, Spain.
 neither for the export refund provided for in Article 20 of
                                                                        A copy of the invitation to tender referred to above shall
 Regulation No 136/66/EEC nor for the consumption aid
 provided for in Article 1 1 of the same Regulation ;                   be sent without delay to the Commission.
 Whereas there is an established export trade in olive oil                                         Article 3
 put up in small containers from the Community to the
 United States of America and to Canada ; whereas if oil                The tenders must reach SENPA, calle Beneficia, 8, Madrid
 subject of an award by tender under this Regulation were               28003, Spain, not later than 2 p.m. (local time) on 9
 to be exported in bulk to these two countries, it might                December 1987 .
 well damage this traditional export trade ; whereas, to
 guard against this danger, exportation should be allowed
  only to countries other than the United States of America                                        Article 4
  and Canada ;
                                                                         1.    Tenders shall be submitted for an oil of 5° acidity.
 Whereas Article 20 of Commission Regulation (EEC) No                    2. Where the oil awarded has a different degree of
  2730/79 of 29 November 1979 laying down common                         acidity from that for which the tender was submitted, the
                                                                         price to be paid shall be equal to the price tendered,
  (') OJ No  172, 30. 9 . 1966, p. 3025/66 .                             increased or reduced in accordance with the scale below :
 (2)  OJ No L 183, 3 . 7. 1987, p. 7 .
  (3) OJ No L 331 , 28 . 11 . 1978 , p . 13 .
  (4) OJ No  L 348 , 30 . 12. 1977, p . 46 .                             («) OJ No L 317, 12. 12. 1979, p. 1 .
  f5) OJ No  L 368 , 31 . 12. 1985, p . 20 .                             P) OJ No L 371 , 31 . 12. 1985, p. 1 .
 ---pagebreak--- No L 334/8                           Official Journal of the European Communities                               24. 11 . 87
— up to 5 acidity :                                                                        Article 8
    increase of Pta 493,5 for each degree or fraction of        1 . The security referred to in Article 7 of Regulation
    degree of acidity below 5° ,                               (EEC) No 2960/77 shall be Pta 3 000 per 100 kilograms.
— above 5° up to 8° acidity :                                  The security referred to in Article 12 (3) of Regulation
    reduction of Pta 493,5 for each degree or fraction of      (EEC) No 2960/77 shall be Pta 20 000 per 100 kilograms
    degree of acidity above 5° ,                               of olive oil .
— above 8° :                                                    For the purposes of applying the provisions of Article 1
                                                                (2), the security referred to in the second subparagraph of
    additional reduction of Pta 539,8 for each degree or
                                                                this Article shall not be released unless proof is provided
    fraction of degree above 8° .
                                                                that the oil was imported into a non-member country
                                                                other than the United States of America or Canada,
                          Article 5                             except in cases where it has been destroyed during trans­
                                                                port a a result of force majeure, or that it has been used
Not later than three days after the expiry of the time limit    for supplies as indicated in Article 5 of Regulation (EEC)
                                                                No 2730/79 .
laid down for the submission of tenders, SENPA shall
send the Commission a list, without mentioning names,           The Member States may, however, exempt the exporter
stating the highest tender received for each lot put up for     from producing the documentary evidence, other than the
sale.
                                                                transport document, specified in Article 20 of Regulation
                                                                (EEC) No 2730/79, in the case of a transaction where
                                                                there is reasonable certainty of arrival at destination of
                          Article 6
                                                                 products for which a declaration of export to a non­
                                                                 member country in Europe, Africa, or the Near or Middle
The minimum selling price shall be fixed, in accordance          East, listed in Commission Regulation (EEC) No
with the procedure laid down in Article 38 of Regulation         2566/79 ('), was made.
No 136/66/EEC, on the basis of the tenders received, not
later than the last working day of the month during                                         Article 9
which the tenders were submitted. The decision fixing the
minimum selling price shall be notified forthwith to the        The storage charge provided for in Article 15 of Regula­
Member State concerned .                                         tion (EEC) No 2960/77 shall be Pta 400 per 100
                                                                 kilograms.
                          Article 7                                                        Article 10
The olive oil shall be sold by SENPA not later than the          This Regulation shall enter into force on the day of its
seventh day of each month following that during which            publication in the Official Journal of the European
the tenders were submitted .                                     Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 23 November 1987 .
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President
                                                                  (') OJ No L 294, 21 . 11 . 1979, p. 5.