CELEX: 31991R3787
Language: en
Date: 1991-12-24 00:00:00
Title: Commission Regulation (EEC) No 3787/91 of 20 December 1991 opening an invitation to tender for the sale of olive oil held by the Spanish intervention agency for export to the Canary Islands

24. 12. 91                                Official Journal of the European Communities                              No L 356/65
                                     COMMISSION REGULATION (EEC) No 3787/91
                                                      of 20 December 1991
                 opening an invitation to tender for the sale of olive oil held by the Spanish
                                   intervention agency for export to the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          system of export refunds on agricultural products Q, as
                                                                     last amended by Regulation (EEC) No 1615/90 (8), specify
                                                                     the evidence required to prove importation into a third
Having regard to the Treaty establishing the European                country ;
Economic Community,
                                                                    Whereas the measures provided for in this Regulation are
                                                                     in accordance with the opinion of the Management
Having regard to Council Regulation No 136/66/EEC of                 Committee for Oils and Fats,
22 September 1966 on the establishment of a common
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 1720/91 (2), and in
particular Article 12 (4) thereof,                                   HAS ADOPTED THIS REGULATION :
Whereas Article 2 ( 1 ) of Council Regulation (EEC) No                                         Article 1
2754/78 (3), as amended by Regulation (EEC) No
2203/90 (4), provides that sales of olive oil held by inter­
                                                                     1 . The Spanish intervention agency Servicio Nacional
vention agencies are to be organized by invitation to
tender ;                                                             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, pursuant to Article 12 (1 ) of Regulation No                2960/77 for the sale for export of approximately 2 650
 136/66/EEC, the Spanish intervention agency has bought              tonnes of lampante virgin olive oil.
in large quantities of olive oil ;
                                                                     2. The olive oil awarded must be exported to the
                                                                     Canary Islands, in the form of products put up in
                                                                    containers with a net content of not more than five litres
Whereas Commission Regulation (EEC) No 2960/77 (*),
as last amended by Regulation (EEC) No 3818/85 (6), lays            and of the quality defined in point 3 of the Annex to
down the conditions for sale by invitation to tender ;               Regulation No 136/66/EEC.
                                                                                               Article 2
Whereas, in order to ensure the supply of olive oil to the
Canary Islands, some of the oil from Community inter­
vention stocks should be made available for export to that          The invitation to tender shall be made public on 7
destination ;                                                       January 1992.
                                                                    Particulars of the lots of oil offered for sale and the places
Whereas the minimum selling price is so fixed that the              where they are stored shall be displayed at the head office
Community operators enjoy equal conditions of competi­              of Senpa, Calle Beneficencia 8, E-Madrid 28004.
tion with operators in third countries ; whereas,
accordingly, oil sold pursuant to this Regulation must not           Notwithstanding Article 5 (2) of Regulation (EEC) No
qualify for export refunds as provided for in Article 20 of         2960/77, Senpa shall be authorized, where th^ quantity of
Regulation No 136/66/EEC or for consumption aid as                  oil in a container exceeds 300 tonnes, to make up several
provided for in Article 1 1 of that Regulation or be subject        lots with part only of such oil.
to the arrangements on monetary compensatory amounts
or on accession compensatory amounts ;                              A copy of the invitation to tender referred to above shall
                                                                    be forwarded without delay to the Commission.
Whereas Articles 16, 17 and 18 of Commission Regula­
tion (EEC) No 3665/87 of 27 November 1987 laying                                               Article 3
down common detailed rules for the application of the
                                                                    Tenders must reach Senpa, Calle Beneficia 8, E-Madrid
(') OJ No  172, 30. 9.  1966, p. 3025/66.                           28004, not later than 2 p.m. (local time) on 24 January
f)  OJ No  L 162, 26.   6. 1991 , p. 27.                             1992.
f)  OJ  No L 331 , 28.  11 . 1978, p. 13.
0   OJ No  L 201 , 31 . 7. 1990, p. 5.
(*) OJ  No L 340, 30 .  12. 1977, p. 46.                            0 OJ No L 351 , 14. 12. 1987, p. 1 .
(6) OJ No  L 368, 31 .  12. 1985, p. 20.                            (■) OJ No L 152, 16. 6. 1990, p. 33 .
 ---pagebreak--- No L 356/66                           Official Journal of the European Communities                                24. 12. 91
Tenders shall be admissible only if submitted by a natural                                Article 7
or legal person who exercises an activity in the olive oil
sector and is entered in that capacity as at 31 December        The olive oil shall be sold by Senpa not later than the
                                                                seventh day of the month following that in which the
1991 in a public register of a Member State.                    tenders were submitted.
No tenderer may submit a tender for a quantity in excess
of 400 tonnes.                                                                            Article 8
                         Article 4
                                                                The security referred to in Article 7 of Regulation (EEC)
                                                                 No 2960/77 shall be Pta 3 000 per 100 kilograms.
1.    Tenders shall be submitted for oil of 3° acidity.         The security referred to in Article 12 (3) of Regulation
2.    Where the oil awarded has a different degree of           (EEC) No 2 960/77 shall be Pta 18 000 per 100 kilograms
                                                                 of olive oil .
acidity from that for which the tender was submitted, the
price to be paid shall be equal to the price tendered,           For the purpose of applying Article 1 (2), the security
increased or reduced in accordance with the scale below :
                                                                 referred to in the second paragraph of this Article shall
— up to 3° acidity :                                             not be released until proof is provided that a quantity of
    increase of Pta 47,94 for each tenth of a degree of          product equal to 110 % of that obtained by refining the
    acidity below 3° ,                                           oil awarded has been imported into, and released for
                                                                 cdnsumption in, the Canary Islands before 31 May 1992,
— more than 3° to up to 5° acidity,                              except in cases where it is destroyed during transport as a
    reduction of Pta 47,94 for each tenth of a degree of         result of force majeure, without the identification number
    acidity above 3° ,                                           referred to in Article 2 (2) of Council Regulation (EEC)
— more than 5° acidity,                                          No 3089/78 ('). Such proof shall be provided no later than
                                                                 three months following the date of import.
    additional reduction of Pta 52,43 for each tenth of a
    degree above 5° .                                                                     Article 9
                         Article 5                               Products dispatched pursuant to this Regulation shall not
                                                                 qualify for export refunds or consumption aid and shall
Not later than three days after the expiry of the time limit     not be subject to the arrangements or monetary or acces­
laid down for the submission of tenders, Senpa shall send        sion compensatory amounts.
the Commission a list, without mentioning names, stating
the highest tender received for each lot put up for sale.                                 Article 10
                         Article 6                               The storage charge provided for in Article 15 of Regula­
                                                                 tion (EEC) No 2960/77 shall be Pta 400 per 100 kilo­
The minimum selling price shall be fixed, in accordance          grams.
with the procedure laid down in Article 38 of Regulation
 No 136/66/EEC, on the basis of the tenders received, not                                 Article 11
later than the last working day of the month during
which the tenders were submitted. The decision fixing the        This Regulation shall enter into force on the third day
minimum selling price shall be notified forthwith to the         following its publication in the Official Journal of the
Member State concerned.                                           European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 20 December 1991 .
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                       Member of the Commission
                                                                 (') OJ No L 369, 29. 12. 1978, p. 12.