CELEX: 31989R0376
Language: en
Date: 1989-02-16 00:00:00
Title: Commission Regulation (EEC) No 376/89 of 15 February 1989 opening an invitation to tender for the sale of olive oil held by the Spanish intervention agency

16. 2. 89                                 Official Journal of the European Communities                             No L 44/ 1 1
                                      COMMISSION REGULATION (EEC) No 376/89
                                                       of 15 February 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
Having regard to the Treaty establishing the European               approximately 10 000 tonnes of lampant virgin olive oil.
Economic Community,
                                                                    By way of derogation from Article 5 (2) of Regulation
Having regard to Regulation No 136/66/EEC of the                    (EEC) No 2960/77, SENPA shall, where the quantity of
Council of 22 September 1966 on the establishment of a              oil in a container exceeds 500 tonnes, be authorized to
common organization of the market in oils and fats ('), as          establish several lots with part only of that oil.
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
2754/78 (3), provides that olive oil held by the interven­
tion agencies shall be put up for sale by tender ;                  The invitation to tender shall be published on 16
                                                                    February 1989.
Whereas, pursuant to Article 1 (2) of Commission Regula­
                                                                    Particulars of the lots of oil offered for sale and of the
tion (EEC) No 629/86 (4), the Spanish intervention agency
holds in stock large quantities of olive oil ;                      places where they are stored shall be displayed at the
                                                                    central office of SENPA, calle Beneficencia, 8, Madrid
Whereas Commission Regulation (EEC) No 2960/77 (*),                 28003, Spain.
as last amended by Regulation (EEC) No 3818/85 (*), laid
down the conditions for the sale by tender on the                   A copy of the invitation to tender shall be sent without
Community market and for export of olive oil ; whereas              delay to the Commission .
the state of the market in olive oil is at present favourable
for the sale of part of the said oil ;
                                                                                             Article 3
Whereas in the present situation of the market in
lampant virgin olive oils where supply is low compared              The tenders must reach SENPA calle Beneficencia, 8,
with demand and in order to provide the greatest possible           Madrid 28003, Spain, not later than 2 p.m. (local time) on
number of operators with a minimum supply for their                 23 February 1989. Tenders shall be admissible only if
immediate needs, it should be stipulated that each                  submitted by a natural or legal person who exercises an
operator may only submit tenders for a maximum quan­                activity in the olive oil sector and is registered as at 31
tity ; whereas in order to avoid any misuse of this provi­          December 1988 in a public register of a Member State.
sion and therefore prevent a limited number of operators
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             quantity in excess of 1 500 tonnes.
submit tenders in response to this invitation ;
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.   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° ,
0   OJ  No L 197, 26.   7. 1988, p. 1 .
(3) OJ  No L 331 , 28 . 11 . 1978, p. 13.                           — above 8° :
0   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
M OI No L 368 . 31 . 12. 1985. D . 20.                                  degree above 8° .
 ---pagebreak--- No L 44/ 12                           Official Journal of the European Communities                               16. 2. 89
                         Article 5                              SENPA shall supply the agencies responsible for storage
                                                                with a list of the lots remaining unsold.
Not later than one day 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 the highest tender received for each lot put up for                             Article 8
sale .
                                                                The security referred to in Article 7 of Regulation (EEC)
                         Article 6                              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 9
Article 38 of Regulation No 136/66/EEC, on the basis of
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 15 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, 15 February 1989.
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission