CELEX: 31989R0375
Language: en
Date: 1989-02-16 00:00:00
Title: Commission Regulation (EEC) No 375/89 of 15 February 1989 opening an invitation to tender fo the sale of olive oil held by the Italian intervention agency

16. 2. 89                                 Official Journal of the European Communities                               No L 44/9
                                      COMMISSION REGULATION (EEC) No 375/89
                                                       of 15 February 1989                       }
                  opening an invitation to tender fo the sale of olive oil held by the Italian
                                                       intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         with the provisions of this Regulation and of Regulation
                                                                    (EEC) No 2960/77 for the sale on the Community market
Having regard to the Treaty establishing the European               of the following quantities of olive oil :
Economic Community,
                                                                    — approximately 11 000 tonnes of virgin lampant olive
Having regard to Council Regulation (EEC) No                             oil,
136/66/EEC of 22 September 1966 on the establishment                — approximately 4 000 tonnes of olive residue oil.
of a common organization of the market in oils and
fats ('), as last amended by Regulation (EEC) No
2210/88 (2), and in particular Article 12 (4) thereof,                                         Article 2
Whereas Article 2 of Council Regulation (EEC) No
                                                                    The invitation to tender shall be published on 16
2754/78 (3), provides that olive oil held by the                    February 1989.
intervention agencies shall be put up for sale by tender ;
                                                                    Particulars of the lots of oil offered for sale and of the
Whereas, pursuant to Article 12 (1 ) of Regulation (EEC)
No 136/66/EEC, the Italian intervention agency holds                places where they are stored shall be dispayed at the
certain quantities of olive oil ;                                   central office of AIMA, via Palestro 81 , Rome, Italy.
Whereas Commission Regulation (EEC) No 2960/77 (4),                 A copy of the invitation to tender shall be sent without
as last amended by Regulation (EEC) No 3818/85 (*), laid            delay to the Commission.
down the conditions for the sale by tender on the
Community market and for export of olive oil ; whereas
the state of the market in olive oil is at present favourable                                  Article 3
for the sale of part of the said oil ;
                                                                    The tenders must reach AIMA at the central office, via
Whereas in the present situation of the market in                   Palestro 81 , Rome, Italy not later than 2 p.m. (local time)
lampant virgin olive oils where supply is low compared              on 23 February 1989.
with demand and in order to provide the greatest possible
number of operators with a minimum supply for their                 Tenders shall be admissible only if submitted by a natural
immediate needs, in should be stipulated that each                  or legal person who exercises an activity in the olive oil
operator may only submit tenders for a maximum                      sector and is registered as at 31 December 1988 in a
quantity ; whereas in order to avoid any misuse of this             public register of a Member State.
provision and therefore prevent a limited number of
operators from monopolizing the quantities put up for                Furthermore, no tenderer may submit a tender for a
sale, it should be stipulated that only recognized operators        quantity in excess of 1 500 tonnes, for virgin lampant
may submit tenders in response to this invitation ;                 olive oil, and 500 tonnes for olive residue oil .
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                                               Article 4
Committee for Oils and Fats,
                                                                     1 . With regard to virgin lampant olive, tenders shall be
                                                                    submitted for an oil of 5° acidity.
HAS ADOPTED THIS REGULATION :
                                                                    With regard to olive residue oil, tenders shall be
                                                                    submitted for an oil of 10° acidity.
                             Article 1
                                                                     2. Where the oil awarded has a different degree of acidity
The: Italian intervention agency, 'Azienda di Stato per gli          from that for which the tender was submitted, the price to
interventi' nel mercato agricolo', hereinafter referred to as       be paid shall be equal to the price tendered, increased or
*AIMA', shall open an invitation to tender in accordance             reduced in accordance with the scale below :
                                                                    A. Virgin lampant olive oil :
(') OJ   No 172, 30. 9. 1966, p. 3025/66.
(2) OJ   No L 197, 26.  7. 1988, p. 1 .                                  — up to 5 acidity :
(3) OJ   No L 331 , 28. 11 . 1978, p. 13.
(«) OJ   No L 348, 30.  12. 1977, p. 46.                                      increase of Lit 528,6 for each tenth of a degree of
0 OJ No L 368, 31 . 12. 1985, p. 20.                                          acidity below 5° ,
 ---pagebreak--- No L 44/ 10                           Official Journal of the European Communities                                16. 2. 89
    — above 5° up to 8 acidty :                                 No 136/66/EEC, on the basis of the tenders received, not
       reduction of Lit 528,6 for each tenth of a degree of     later than the last working day of the month during
       acidity above 5° ,                                       which the tenders were submitted. The decision fixing the
    — above 8° :                                                minimum selling price shall be notified forthwith to the
                                                                Member State concerned.
       additional reduction of Lit 578,2 for each tenth of
       a degree above 8° .
B. Olive residue oil :                                                                   Article 7
    — below 10° down to 8° acidity :                            The olive oil shall be sold by AIMA not later than the
       an increase of Lit 350 for each tenth of a degree of      seventh day of each month following that during which
       acidity below 10° ,                                       the tenders were submitted.
    — below 8° :
       an additional increase of Lit 300 for each tenth of
                                                                                         Article 8 -
       a degree below 8° ,
    — above 10° :                                                The security referred to in Article 7 of Regulation (EEC)
       a reduction of Lit 350 for each tenth of a degree         No 2960/77 shall be Lit 30 000 per 100 kilograms.
       above 10° .
                                                                                         Article 9
                          Article 5
Not later than three days after the expiry of the time limit     The storage charge referred to in Article 15 of Regulation
laid down for the submission of tenders, AIMA shall send         (EEC) No 2960/77 shall be Lit 4 000 per 100 kilograms.
the Commission a list, without mentioning names, stating
the highest tenders received for each lot put up for sale.
                                                                                          Article 9
                          Article 6
                                                                 This Regulation shall enter into force on the day of its
The minimum selling price shall be fixed, in accordance          publication in the Official Journal of the European
with the procedure laid down in Article 38 of Regulation          Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 15 February 1989 .
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission