CELEX: 31989R0407
Language: en
Date: 1989-02-18 00:00:00
Title: Commission Regulation (EEC) No 407/89 of 17 February 1989 opening an invitation to tender for the sale of olive oil held by the Portuguese intervention agency

18 . 2, 89                                Official Journal of the European Communities                             No L 46/ 13
                                       COMMISSION REGULATION (EEC) No 407/89
                                                        of 17 February 1989
                   opening an invitation to tender for the sale of olive oil held by the Portuguese
                                                        intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          dance with the provisions of this Regulation and of Regu­
                                                                     lation (EEC) No 2960/77 for the sale on the Community
Having regard to the Treaty establishing the European                market of the following quantities of olive oil :
Economic Community,
                                                                     — 500 tonnes of virgin olive oil,
Having regard to Regulation No 136/66/EEC of the                     — 500 tonnes of ordinary virgin olive oil,
Council of 22 September 1966 on the establishment of a               — 500 tonnes of lampant virgin olive oil.
common organization of the market in oils and fats ('), as
last amended by Regulation (EEC) No 2210/88 (2), and in
                                                                                              Article 2
particular Article 12 (4) thereof,
Whereas Article 2 of Council Regulation (EEC) No                     The invitation to tender shall be published on 23
                                                                     February 1989.
2754/78 (3) provides that olive oil held by the intervention
agencies shall be put up for sale by tender ;                        Particulars of the lots of oil offered for sale and of the
                                                                     places where they are stored shall be displayed at the
Whereas, pursuant to Article 12 (1 ) of Regulation No                central office of Iroma, Rua Padre Antonio Vieira n? 1 ,
 136/66/EEC, the Portuguese intervention agency holds                Lisbon, Portugal.
certain quantities of olive oil ;
                                                                     A copy of the invitation to tender shall be sent without
Whereas Commission Regulation (EEC) No 2960/77 (4),                  delay to the Commission.
as last amended by Regulation (EEC) No 3818/85 0, laid
down the conditions for the sale by tender on the
                                                                                              Article 3
Community market and for export of olive oil ; whereas
the state of the market in olive oil is at present favourable        The tenders must reach the Iroma, at the central office,
for the sale of part of the said oil ;
                                                                     Rua Padre Antonio Vieira n? 1 , Lisbon, Portugal not later
                                                                     than 2 p.m. (local time) on 9 March 1989.
Whereas in the present situation of the market in
lampant virgin olive olis where supply is low compared               Tenders shall be admissible only if submitted by a natural
with demand and in order to provide the greatest possible            or legal person who exercises an activity in the olive oil
number of operators with a minimum supply for their                  sector and is registered as at 31 December 1988 in a
immediate needs, it should be stipulated that each                   public register of a Member State.
operator may only submit tenders for a maximum quan­
tity ; whereas in order to avoid any misuse of this provi­           Furthermore, no tenderer may submit a tender for a
sion and therefore prevent a limited number of operators             quantity in excess of 150 tonnes.
from monopolizing the quantities put up for sale, it
should be stipulated that only recognized operators may                                       Article 4
submit tenders in response to this invitation ;
                                                                     1 . With regard to lampant virgin olive oil, tenders shall
Whereas the measures provided for in this Regulation are             be submitted for an oil of 5° acidity. 1
in accordance with the opinion of the Management
Committee for Oils and Fats,                                         2. Where the oil awarded has a different degree of
                                                                     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 :
HAS ADOPTED THIS REGULATION :
                                                                     lampant virgin olive oil :
                             Article 1                               — up to 5° acidity ;
                                                                         increase of Esc 60,16 for each tenth of a degree of
The Portuguese intervention agency, 'Institute Regulador                 acidity below 5° ,
e Orientador de Mercados Agrícolas', hereinafter referred
to as 'Iroma', shall open an invitation to tender in accor           — above 5° up to 8° acidity :
                                                                         reduction of Esc 60,16 for each tenth of a degree of
                                                                         acidity above 5° ,
(1) OJ   No 172, 30. 9.  1966, p. 3025/66.
(2) OJ   No L 197, 26.   7. 1988, p. 1 .                             — above 8° :
(3) OJ   No L 331 , 28 . 11 . 1978, p. 13.
(4) OJ   No L 348, 30.   12. 1977, p. 46.                                additional reduction of Esc 65,8 for each tenth of a
0   OJ   No L 368, 31 .  12. 1985, p. 20.                                degree above 8° .
 ---pagebreak--- No L 46/14                            Official Journal of the European Communities                               18 . 2. 89
                         Article 5                              Iroma shall supply the agencies responsible for storage
                                                                with a list of the lots remaining unsold.
Not later than three days after the expiry of the time limit
laid down for the submission of tenders, Iroma shall send
the Commission a list, without mentioning names, stating
                                                                                        Article 8
the highest tender received for each lot put up for sale.
                          Article 6                             The security referred to in Article 7 of Regulation (EEC)
                                                                No 2960/77 shall be Esc 3 340 per 100 kilograms.
The minimum selling price per 100 kilograms of oil shall
be fixed, in accordance with the procedure laid down in
Article 38 of Regulation No 136/66/EEC, on the basis of                                 Article 9
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 Esc 430 per 100 kilograms.
selling price shall be notified forthwith to the Member
State concerned.
                                                                                        Article 10
                          Article 7                 s
The olive oil shall be sold by Iroma 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, 17 February 1989.
                                                                         For the Commission
                                                                          Ray MAC SHARRY
                                                                     Member of the Commission