CELEX: 31994R0870
Language: en
Date: 1994-04-20 00:00:00
Title: Commission Regulation (EC) No 870/94 of 19 April 1994 on the opening of an invitation to tender for the sale of olive oil held by the Spanish intervention agency

20. 4. 94                                Official Journal of the European Communities                              No L 101 /3
                                         COMMISSION REGULATION (EC) No 870/94
                                                         of 19 April 1994
                  on the opening of an invitation to tender for the sale of olive oil held by the
                                                   Spanish intervention agency
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Regulation and Regulation (EEC) No 2960/77 for the sale
                                                                    on the Community market of approximately 10 000
 Having regard to the Treaty establishing the European              tonnes of olive oil of qualities other than extra virgin
 Community,                                                         olive oil .
 Having regard to Council Regulation No 136/66/EEC of               Notwithstanding Article 5 (2) of Regulation (EEC)
 22 September 1966 on the establishment of a common                 No 2960/77, Senpa shall, where the quantity of oil in a
 organization of the market in oils and fats ('), as last           container exceeds 500 tonnes, be authorized to establish
 amended by Regulation (EC) No 3179/93 (2), and in parti­           several lots with part only of that oil.
 cular Article 12 (4) thereof,
 Whereas Article 2 of Council Regulation (EEC)
                                                                                             Article 2
 No 2754/78 (3), as amended by Regulation (EEC)
 No 2203/90 (4), provides that olive oil held by the inter­
 vention agencies is to be put up for sale by tender ;              The notice of invitation to tender shall be published on
                                                                    29 April 1994.
Whereas, pursuant to Article 12 ( 1 ) of Regulation (EEC)
 No 136/66/EEC, the Spanish intervention agency holds               Particulars of the lots of oil offered for sale and of the
 certain 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 (*),                 28004, Spain.
as last amended by Regulation (EEC) No 3818/85 (6), lays
down the conditions for the sale by tender on the                   A copy of the notice of invitation to tender shall be sent
Community market and for export of olive oil ; whereas              without delay to the Commission.
the situation on the market in olive oil is at present
favourable for the sale of part of the said oil ;
Whereas in the present situation of the market in virgin                                     Article 3
olive oil where supply is low compared with demand and
in order to provide the greatest possible number of opera­          The tenders must reach Senpa, calle Beneficencia 8,
tors with minimum supplies for their immediate needs, it            Madrid 28004, Spain, not later than 2 p.m. (local time) on
should be stipulated that an operator may only submit               11 May 1994. Tenders shall be admissible only if they are
tenders up to a given quantity ;                                    submitted by a natural or legal person engaged in activity
                                                                    in olive oil and entered in that status as at 31 December
Whereas the measures provided for in this Regulation are            1993 in a public register of a Member State.
in accordance with the opinion of the Management
Committee for Oils and Fats,
                                                                    No tenderer may submit a tender for a quantity in excess
                                                                    of 1 000 tonnes.
HAS ADOPTED THIS REGULATION :
                                                                                             Article 4
                             Article 1                              1 . In the case of lampante virgin olive oil, tenders shall
                                                                    be submitted for an oil of 3° acidity.
The Spanish intervention agency, 'Servicio Nacional de
Productos Agrarios', hereinafter referred to as 'Senpa' shall       2. Where the oil awarded has a different degree of
open an invitation to tender in accordance with this                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 :
(') OJ  No 172, 30. 9.  1966, p. 3025/66.
0   OJ  No L 285, 20.   11 . 1993, p. 9.
O   OJ  No L 331 , 28.  11 . 1978, p. 13.                           — up to 3° acidity :
(4) OJ  No L 201 , 31 . 7. 1990, p. 5.
0   OJ  No L 348, 30.   12. 1977, p. 46.                                increase of ECU 0,32 for each tenth of a degree of
0   OJ  No L 368, 31 .  12. 1985, p. 20.                                acidity below 3° ,
 ---pagebreak---  No L 101 /4                          Official Journal of the European Communities                                 20 . 4. 94
— above 3° up to 5 acidity :                                    selling price shall be notified forthwith to the Member
                                                                State concerned.
     reduction of ECU 0,32 for each tenth of a degree of
     acidity above 3° ,
                                                                                          Article 7
— above 5° acidity :
                                                                The olive oil shall be sold by Senpa not later than the
    additional reduction of ECU 0,35 for each tenth of a        fifth working day after the date of notification of the deci­
    degree of acidity above 5° .                                sion referred to in Article 6.
                                                                Senpa shall supply the agencies responsible for storage
                          Article 5                             with a list of the lots remaining unsold.
Not later than three days after the expiry of the time limit                              Article 8
laid down for the submission of tenders, Senpa shall send
the Commission a list, without mentioning names, stating        The security referred to in Article 7 of Regulation (EEC)
the highest tender received for each lot put up for sale.       No 2960/77 shall be ECU 18 per 100 kilograms.
                                                                                         Article 9
                          Article 6                             The storage charge referred to in Article 15 of Regulation
                                                                (EEC) No 2960/77 shall be ECU 3 per 100 kilograms.
The minimum selling price per 100 kilograms of oil shall
be fixed, in accordance with the procedure laid down in                                  Article 10
Article 38 of Regulation No 136/66/EEC, on the basis of
the tenders received, not later than the 10th working day       This Regulation shall enter into force on the third day
after the expiry of each final date laid down for the           following its publication in the Official Journal of the
submission of tenders. The decision fixing the minimum          European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 19 April 1994.
                                                                         For the Commission
                                                                            Rene STEICHEN
                                                                      Member of the Commission