CELEX: 31977R1226
Language: en
Date: 1977-06-08 00:00:00
Title: Commission Regulation (EEC) No 1226/77 of 8 June 1977 laying down rules for the sale of olive oil held by the intervention agencies

No L 141 / 20                             Official Journal of the European Communities                               9 . 6 . 77
                                    COMMISSION REGULATION ( EEC) No 1226/77
                                                          of 8 June 1977
                laying down rules for the sale of olive oil held by the intervention agencies
THE COMMISSION OF THE EUROPEAN                                      Whereas in some cases olive-residue oil is stored in
COMMUNITIES,                                                         especially large containers ; whereas the purchase of
                                                                     such quantities can interest only a limited number of
Having regard to the Treaty establishing the European                traders ;
Economic Community,
Having regard to Council Regulation No 136/66/ EEC                   Whereas the transfer of such oil to other containers
of 22 September 1966 on the establishment of a                       might pose technical problems ; whereas provision
common organization of the market in oils and                        should therefore be made whereby such oil may be
fats ('), as last amended by Regulation (EEC) No                     sold in more than one lot ;
1 707/73 (2), and in particular Article 11 (5) thereof,
Whereas Commission Regulation (EEC) No 589/68 of
14 May 1968 on detailed rules for the sale of olive oil              Whereas, in order to ensure that the sales take place
held by intervention agencies (3), as last amended by                in a proper manner, provisions must be made for
Regulation (EEC) No 782/77 (4), laid down the condi­                 certain information to be given in the invitation to
                                                                     tender and in each tender ;
tions for the sale by tender on the Community market
of oil held by the intervention agencies ; whereas expe­
rience has shown that the procedure laid down in that
Regulation does not enable the oil in question to be                 Whereas prospective tenderers should be encouraged
put up for sale under the most favourable conditions ;               by being permitted to familiarize themselves with the
                                                                     characteristics of the products on sale ; whereas, as a
Whereas olive oil held by the intervention agencies                  corollary to this facility, such persons must be
must be sold without discrimination among Commu­                     required to waive all claims regarding the characteris­
nity purchasers and on the best possible terms ;                     tics of any oil eventually awarded to them ;
whereas sale by tender seems an appropriate proce­
dure for this purpose ;
                                                                     Whereas, in order to guarantee performance of the
Whereas, however, certain special situations may call                obligations resulting from the submission of a tender,
for the use of other procedures ;                                    provision should be made for the lodging of a secu­
                                                                      rity ;
Whereas, in order to ensure that the olive oil is sold
when the market situation is most favourable , sales
should be subject to a decision taken in accordance
with the procedure laid down in Article 38 of Regula­                Whereas, since the quantity of oil sold may be
tion No 136/ 66/ EEC ;                                               different from that actually withdrawn, the final
                                                                     selling price cannot be calculated until withdrawal has
Whereas, where there is a risk of market disturbance,                been completed ; whereas, in order to ensure that the
provision should be made for limiting the quantity                   sale is properly conducted, the provisional price
which may be awarded to any one tenderer ;                            should be paid before withdrawal ;
Whereas, since the object of holding an invitation to
tender is to obtain the best price, contracts should be              Whereas, in order to ensure the rapid disposal of the
awarded to the tenderers quoting the highest prices,                  oil sold, the time at which the oil must be placed at
subject always to a minimum price established by                      the purchaser's disposal and the final date for comple­
reference to the market situation ;                                   tion of the withdrawal of the oil should be laid down ;
                                                                      whereas it should also be provided that any
Whereas, moreover, provisions should be laid down to                  consequences of delay in withdrawal should be borne
deal with cases where two or more tenders relating to                 by the purchaser ;
the same quantity quote the same price ;
(») OJ   No 172, 30 . 9. 1966, p. 3025/66.
(2) OJ   No L 175, 29 . 6 . 1973 , p. 5 .                             Whereas the measures provided for in this Regulation
(3) OJ   No L 1 12, 15 . 5 . 1968 , p. 6 .                            are in accordance with the opinion of the Manage­
(4) OJ   No L 95, 19 . 4. 1977, p. 13.                                ment Committee for Oils and Fats,
 ---pagebreak--- 9 . 6. 77                            Official Journal of the European Communities                          No L 141 / 21
HAS ADOPTED THIS REGULATION :                                  The invitation shall be published by inter alia being
                                                               placed on public display at the office of the interven­
                                                               tion agency.
                         Article 1
Intervention agencies may sell olive oil held by them                                    Article 5
only after a decision in respect of such sale has been
taken in accordance with the procedure laid down in             1.     The invitation to tender shall specify all the
Article 38 of Regulation No 136/66/ EEC.                       terms and conditions of the invitation to tender,
                                                               including in particular the following :
This Decision shall relate in particular, to :
                                                               (a) the quantity of oil in each lot ;
— the quantity and quality of the oil to be put up for
     sale,                                                     (b) the name of the storage depot and the place of
                                                                     storage of each lot, together with the number of
— the method of sale ,                                               such lot ;
— the date or dates of publication of the notice of            (c) the quality of the oil constitution each lot ;
     sale,
                                                               (d) the minimum price, if any ;
— the date or dates of the sale ,
                                                               (e) the time limit and place for the submission of
— where appropriate, the maximum quantity which                      tenders ;
     may be awarded to each tenderer.
                                                               (f) the date or dates of sale ;
                                                               (g) the amount of the security referred to in Article 8 .
                         Article 2
                                                               2. For the purposes of this Regulation , ' lot' means
 1 . The olive oil held by intervention agencies shall         the quantity of olive oil contained in a single
be sold by tender. However, in special circumstances,          container.
it may be sold by some other procedure .
                                                                However, in the case of olive-residue oil , if the oil
2.     The terms of the invitation to tender or other
                                                               contained in one container exceeds a quantity to be
selling procedure must ensure equal access and treat­
                                                               determined, the intervention agency concerned may
ment to all prospective purchasers irrespective of their       be authorized to make up a lot out of part only of that
place of establishment in the Community .                      oil .
                         Article 3                             3 . The minimum price shall be net of tax and
                                                               relate to 100 kilograms of olive oil delivered
'Sale by tender' means a procedure whereby all inter­          ex-storage depot, either in the purchaser s own drums
ested parties are invited to submit offers, the contract       loaded on a vehicle provided by him or in the
for each lot being awarded to the person offering the          purchaser's tank vehicle .
highest price, provided always that such price is at
least equal to a set minimum price .
                                                                                         Article 6
Such minimum price shall be fixed in accordance
with the procedure laid down in Article 38 of Regula­          Prospective purchasers may examine at the storage
tion No 136/ 66/ EEC :                                         depot the oil offered for sale and may obtain a sample
                                                               thereof, in containers supplied by them for that
— either in the decision providing for the opening of          purpose, on payment of a price determined on the
     the invitation to tender, or                              basis of either the minimum price fixed in the invita­
— on the basis of the tenders received .                       tion to tender or the price at which the oil was bought
                                                               in by the intervention agency .
Where, however, no minimum price has been fixed
pursuant to the first indent, a decision may be taken ,        This sample shall be put into two labelled bottles,
in accordance with the aforesaid procedure and in the          which shall be sealed in the presence of both the
light of the tenders received , to make no award .             storer and the prospective purchaser or his duly autho­
                                                               rized agent.
                         Article 4                             One bottle shall be given to the prospective purchaser
                                                               and the other to the storer, so that , in the event that
Where it is decided that the sale is to be by tender,          oil is sold to the former, a check may be made to
the intervention agency concerned shall draw up the            ensure that, subject as provided in the last sentence of
invitation to tender . This invitation shall be communi­       Article 14 ( 1 ), the oil applied for by him corresponds
cated to the Commission without delay .                        to that actually delivered .
 ---pagebreak--- No L 141 / 22                      Official Journal of the European Communities                                9 . 6. 77
                         Article 7                           containers awarded shall be sealed in the presence of
                                                             both parties. The container or containers concerned
 1 . Tenders, which shall be in writing, shall either        shall remain sealed until withdrawal of the oil by the
be delivered personally to the intervention agency           purchaser.
against acknowledgment of receipt or sent to the inter­
vention agency by registered letter, telex or telegram .     2.     In addition , in the case of lampante oils and
                                                             olive-residue oils, an acidity analysis shall be carried
2.     Tenders shall indicate in particular :                out in the presence of both parties before the placing
(a) the name and full postal address of the tenderer ;       of the seals referred to in paragraph 1 . If the degree of
                                                             acidity as so determined does not correspond to that
(b) the number or numbers of the lot or lots
     concerned, the name of the storage depot, and the        in respect of which the minimum price was fixed, the
                                                             selling price shall be adjusted upwards or downwards
     place of storage ;
                                                             by amounts to be determined .
(c) the offer price per 100 kilograms.
                                                              3 . Where sealing in the presence of both parties
3 . Any tender not stating a price at least equal to          has not been effected within 20 days following the
the minimum price fixed for the product in question          dispatch of the information referred to in Article 10,
shall be refused .
                                                             the intervention agency shall forthwith itself seal the
4.     Each tender must relate to all the oil contained      containers   awarded .  Where    the  oil   awarded    is a
in at least one lot.                                         lampante oil or an olive-residue oil, the intervention
                                                             agency shall , before sealing, effect an analysis of the
5.     Tenders may not be withdrawn .                        acidity of the oil .
6. A tender shall be valid only if it is accompanied
by :                                                                                 Article 12
(a) a security ;
                                                              1 . The purchaser shall pay to the intervention
(b) a statement by the tenderer waiving any claim as         agency, before withdrawing the oil and in any event
     to the accuracy of the description under which the       not later than the 30th day following receipt of the
     oil concerned is offered for sale .
                                                             information referred to in Article 10, the provisional
                                                             amount of the selling price . Without prejudice to any
                         Article 8                           domestic taxes applicable, such amount shall be calcu­
                                                             lated by multiplying the quantity indicated as being
1 . The security shall be in cash or by way of a             contained in the lot by the price offered for that lot.
guarantee issued by a credit institution satisfying the
criteria laid down by the Member State in which it is        2. If the provisional amount is not paid to the inter­
situated .                                                   vention agency within the period laid down in para­
                                                             graph 1 , the sale shall , without any special formality
2. The security shall be released if no sale is made         or invocation of legal process, be cancelled. In that
to the party concerned . It shall likewise be released       event, the security referred to in Article 8 shall be
when the purchaser pays the final amount of the price        forfeit .
referred to in Article 14 .
                                                                                     Article 13
                         Article 9
                                                              1.    Purchasers shall withdraw the entire lot awarded .
The oil in each particular lot shall be sold to the
tenderer having submitted a valid tender offering the        Withdrawal may begin as soon as the provisional
highest price. Where the same highest bid is made by         amount referred to in Article 12 ( 1 ) has been paid ; it
more than one tenderer the purchaser shall be chosen         shall be completed not later than the 40th day
by lot by the intervention agency.                           following the sale of the oil .
                                                             2. The quantity of oil delivered to the tenderer may
                        Article 10                           differ from the quantity in respect of which the tender
                                                             was submitted, depending on the actual quantity in
The intervention agency shall immediately inform             the container at the time of delivery.
each tenderer by registered letter of the result of his
participation in the invitation to tender.
                                                                                     Article 14
                        Article 11
                                                              1 . When the withdrawal of the oil is complete the
1.     On receipt by the successful tenderer of the          intervention agency shall draw up an invoice for the
information referred to in Article 10, the container or      final amount of the selling price .
 ---pagebreak--- 9 . 6 . 77                         Official Journal of the European Communities                        No L 141 / 23
Without prejudice to any domestic tax applicable, the                                Article 15
final amount shall be calculated by multiplying the           If withdrawal of the oil is not completed by the date
quantity actually withdrawn , after the weight of water       laid down in Article 14 ( 1 ):
and impurities above 0-2 % in the case of virgin olive
oil and 0-5 % in the case of olive-residue oil has been       (a) the oil remaining in storage shall be held at the
deducted, by the price offered for the lot in question .          purchaser's own risk ;
The weight of water and impurities shall be deter­            (b) the purchaser shall pay to the intervention agency
mined at the time of delivery by an analysis of a repre­          a storage charge calculated by reference to the
sentative sample .                                                quantity to be withdrawn plus an amount to be
                                                                  determined for each period of 30 days of addi­
2.      The  invoice    shall show the  debit  or  credit         tional storage or part thereof.
balance, which shall be equal to the difference
between :                                                                            Article 16
— the provisional amount,                                     Regulation (EEC) No 589/68 is hereby repealed .
— the final amount of the selling price plus any                                     Article 17
     storage charge payable pursuant to Article 15 (b).
                                                              This Regulation shall enter into force on the day of its
The balance shall be paid within 30 days following            publication in the Official Journal of the European
completion of withdrawal of the oil .                         Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 8 June 1977 .
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President