CELEX: 31989R3023
Language: en
Date: 1989-10-07 00:00:00
Title: Commission Regulation (EEC) No 3023/89 of 6 October 1989 opening an invitation to tender for the sale of olive oil held by the Spanish intervention agency

7. 10 . 89                                  Official Journal of the European Communities                             No L 289/37
                                        COMMISSION REGULATION (EEC) No 3023/89
                                                          of 6 October 1989
                  opening an invitation to tender (or the sale of olive oil held by the Spanish
                                                         intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            whereas the measures provided for in this Regulation are
                                                                       in accordance with the opinion of the Management
                                                                       Committee for Oils and Fats,
Having regard to the Treaty establishing the European
Economic Community,
                                                                       HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No
136/66/EEC of 22 September 1966 on the establishment                                             Article 1
of a common organization of the market in oils and
fats ('), as last amended by Regulation (EEC) No                      The Spanish intervention agency 'Servicio Nacional de
1 225/89 (2), and in particular Article 12 (4) thereof,               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 Article 2 of Council Regulation (EEC) No                      2960/77 for the sale on the Community market of the
2754/78 (3) provides that olive oil held by the intervention          following quantities of olive oil :
agencies shall be put up for sale by tender ;
                                                                      — 4 000 tonnes of extra virgin olive oil,
                                                                      — 4 000 tonnes of virgin olive oil,
Whereas, pursuant to Article 1 (2) of Commission                      — 12 000 tonnes of lampante virgin olive oil.
Regulation (EEC) No 629/86 (4), the Spanish intervention
agency holds in stock large quantities of olive oil ;                 60 % of each of the quantities referred to ia the first
                                                                      subparagraph shall be reserved for packaging plants and
                                                                      refineries.
Whereas Commission Regulation (EEC) No 2960/77 (*),
as last amended by Regulation (EEC) No 3818/85 (6), laid               By way of derogation from Article 5 (2) of Regulation
down the conditions for the sale by tender on the                     (EEC) No 2960/77, Senpa shall, where the quantity of oil
Community market and for export of olive oil ; whereas                in a container exceeds 500 tonnes, be authorized to
the state of the market in olive oil is at present favourable         establish several lots with part only of that oil.
for the sale of part of the said oil ;
                                                                                                 Article 2
Whereas in the present situation of the market in virgin              The invitation to tender shall be published on 9 October
olive oil where supply is low compared with demand and                 1989 .
in order to provide the greatest possible number of
operators with a minimum supply for their immediate                   Particulars of the lots of oil offered for sale and of the
needs, it should be stipulated that each operator may only            places where they are stored shall be displayed at the
submit tenders for a maximum quantity ; whereas in order              central office of Senpa, calle Beneficencia 8, Madrid
to avoid any misure of this provision and therefore                   28004, Spain.
prevent a limited number of operators from monopolizing
the quantities put up for sale, it should be stipulated that          A copy of the invitation to tender shall be sent without
only recognized operators may submit tenders in response              delay to the Commission.
to this invitation ; whereas, for the same purpose and
given the particular situation on the Spanish market,
                                                                                                 Article 3
certain of the quantities put up for sale should be reserved
for packaging plants and refineries ;
                                                                       1.    The tenders must reach Senpa, calle Beneficencia 8,
                                                                      Madrid 28004, Spain, not later than 2 p.ijn. (local time) on
Whereas special time limits should be laid down for                   20 October 1989. Tenders shall be admissible only if
withdrawal of the olive oil to expedite its placing on the            submitted by a natural or legal person who exercises an
market ;                                                              activity in the olive oil sector and is entered in that status
                                                                      as at 31 December 1988 in a public register of a Member
                                                                      State.
(') OJ   No 172, 30. 9.   1966, p. 3025/66.
(2) OJ   No L 128, 11 .   5. 1989, p. 15.                              Furthermore, no tenderer may submit a tender for a
(3) OJ   No L 331 , 28.   11 . 1978, p. 13.                           quantity in excess of 1 000 tonnes for lampante virgin
0   OJ   No L 60, 1 . 3 .  1986, p. 8 .
0   OJ   No L 348, 30.    12. 1977, p. 46.                            olive oil, and 300 tonnes for virgin and extra virgin olive
(6) OJ   No L 368, 31 .   12. 1985, p. 20.                            oil.
 ---pagebreak--- No L 289/38                            Official Journal of the European Communities                                 7. 10. 89
2. However, notwithstanding paragraph 1 as regards the            the Commission a list, without mentioning names, stating
quantities referred to in the second subparagraph of              the highest tender received for each lot put up for sale.
Article 1 , tenders shall be admissible only if submitted :
                                                                                           Article 6
— as regards Spain and Portugal, by a packaging plant
    registered as such at 31 December 1988 in a public            The minimum selling price per 100 kilograms of oil shall
    register held by the Member State concerned,                  be fixed, in accordance with the procedure laid down in
— as regards the other Member States, by an approved              Article 38 of Regulation No 136/66/EEC, on the basis of
    packaging plant within the meaning of Commission              the tenders received, not later than the 10th working day
    Regulation (EEC) No 2677/85 ('), as last amended by           after the expiry of each final date laid down for the
    (EEC) No 2677/85 ('), as last amended by Regulation           submission of tenders. The decision fixing the minimum
    (EEC) No 3629/88 (2),                                         selling price shall be notified forthwith to the Member
                                                                  State concerned.
— by a refinery registered as such at 31 December 1988
    in a public register held by a Member State.
                                                                                           Article 7
                           Article 4                              The olive oil shall be sold by Senpa not later than the
                                                                  fifth working day after the date of notification of the
1 . With regard to lampante virgin olive oil, tenders             decision referred to in Article 6 .
shall be submitted for an oil of 3° acidity.
                                                                  Senpa shall supply the agencies responsible for storage
2. Where the oil awarded has a different degree of                with a list of the lots remaining unsold.
acidity from that for which the tender was submitted, the
price to paid shall be equal to the price tendered,                                        Article 8
increased or reduced in accordance with the scale below :
                                                                  The product shall be withdrawn within 30 working days
— up to 3° acidity :                                              of the date of sale.
    increase of Pta 48,93 for each tenth of a degree of           The security referred to in Article 7 of Regulation (EEC)
    acidity below 3° ,                                            No 2960/77 shall be Pta 3 000 per 100 kilograms.
— above 3° up to 8° acidity,
    reduction of Pta 48,93 for each tenth of a degree of                                   Article 9
    acidity above 3° ,
                                                                  The storage charge referred to in Article 1 5 of Regulation
— above 8° acidity,
                                                                  (EEC) No 2960/77 shall be Pta 400 per 100 kilograms.
    additional reduction of Pta 53,51 for each tenth of a
    degree above 8° .                                                                      Article 10
                           Article 5 ,
                                                                  This Regulation shall enter into force on the day of its
Not later than three days after the expiry of the time limit       publication in the Official Journal of the European
laid down for the submission of tenders, Senpa shall send          Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 6 October 1989 .
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
(') OJ No L 254, 25 . 9. 1985, p. 5.
O OJ No L 316, 23 . 11 . 1988 , p. 42.