CELEX: 31994R2531
Language: en
Date: 1994-10-20 00:00:00
Title: Commission Regulation (EC) No 2531/94 of 19 October 1994 on the opening of an invitation to tender for the sale of olive oil held by the Spanish intervention agency

No L 269/ 18                             Official Journal of the European Communities                                20. 10 . 94
                                        COMMISSION REGULATION (EC) No 2531/94
                                                        of 19 October 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,                         Whereas the Management Committee for Oils and Fats
                                                                     did not deliver an opinion within the time limit set by its
                                                                     chairman,
 Having regard to the Treaty establishing the European
 Community,
                                                                     HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation No 136/66/EEC of
 22 September 1966 on the establishment of a common
 organization of the market in oils and fats ('), as last                                      Article 1
 amended by Regulation (EC) No 3179/93 (2), and in parti­
 cular Article 12 (4) thereof,                                        1 . The Spanish intervention agency, 'Servicio Nacional
                                                                     de Productos Agrarios', hereinafter referred to as 'Senpa'
                                                                     shall open an invitation to tender in accordance with the
 Whereas Article 2 of Council Regulation (EEC) No                    provisions of this Regulation and of Regulation (EEC) No
 2754/78 (3), as amended by Regulation (EEC) No                      2960/77 for the sale on the Community market of
 2203/90 (4), provides that olive oil held by the interven­          approximately 30 000 tonnes of virgin olive oil, the
 tion agencies is to be put up for sale by tender ;                  quality of which is detailed in the notice of invitation to
                                                                     tender in accordance with Article 5 of Regulation (EEC)
                                                                     No 2960/77 .
 Whereas, pursuant to Article 12 (1 ) of Regulation No
 136/66/EEC, the Spanish intervention agency holds                   Notwithstanding Article 5 (2) of Regulation (EEC) No
 certain quantities of olive oil ;                                   2960/77, Senpa shall, where the quantity of oil in a
                                                                     container exceeds 500 tonnes, be authorized to establish
 Whereas Commission Regulation (EEC) No 2960/77 (%                   several lots with part only of that oil.
 as last amended by Regulation (EEC) No 3818/85 (6), lays
 down the conditions for the sale by tender on the                   2.    Senpa shall forward to the Commission before 25
 Community market and for export of olive oil ; whereas              October 1994 the list of the lots it intends to put up for
 the situation on the market in olive oil is at present              sale and their storage locations.
 favourable for the sale of part of the said oil ;                   At the request of the Commission during the following
                                                                     three days Senpa shall replace certain lots as required by
Whereas in the present situation of the market in virgin             the Commission.
olive oil where supply is low compared with demand and
 in order to provide the greatest possible number of opera­                                    Article 2
tors with minimum supplies of their immediate needs, it
should be stipulated that an operator may only submit                The notice of invitation to tender shall be published on 3
tenders up to a given quantity ;                                     November 1994.
                                                                     Particulars of the lots of oil offered for sale and of the
Whereas special rules must be laid down to ensure that
                                                                     places where they are stored shall be displayed at the
the operations are properly carried out and monitored ;
                                                                     central office of Senpa, calle Beneficencia 8, E-28004
                                                                     Madrid, Spain.
Whereas to that end the Member States must provide for
all additional measures compatible with the provisions in            A copy of the notice of invitation to tender shall be sent
force to ensure that the operation takes place smoothly              without delay to the Commission.
and that the Commission is kept informed ;
                                                                                               Article 3
Whereas the monitoring arrangements should accordingly
be supplemented by the possibility of a sample being                 The tenders must reach Senpa, calle Beneficencia 8,
taken in the presence of both parties ;                              E-28004 Madrid, Spain, not later than 2 p.m. (local time)
                                                                     on 22 November 1994. Tenders shall be admissible only
                                                                     if they are submitted by a natural or legal person engaged
(■) OJ  No  172, 30. 9.  1966, p. 3025/66.                           in activity in olive oil and entered in that status as at 31
(2) OJ  No  L 285, 20.   11 . 1993, p. 9.                            December 1993 in a public register of a Member State.
(3) OJ  No  L 331 , 28 . 11 . 1978, p. 13.
(4) OJ  No  L 201 , 31 . 7. 1990, p. 5.
(4 OJ No L 348, 30. 12. 1977, p. 46.                                 No tenderer may submit a tender for a quantity in excess
O OJ No L 368, 31 . 12. 1985, p. 20.                                 of 3 000 tonnes .
 ---pagebreak---  20 . 10 . 94                         Official Journal of the European Communities                                No L 269/ 19
                          Article 4                             intervention agency, the successful tenderer and the
                                                                storage agency shall take a reference sample and analyse
 1 . With regard to lampante virgin olive oil, tenders          that sample using the methods referred to in Article 2 (4)
shall be submitted for oil of 3° acidity.                       (a) and (b) of Commission Regulation (EEC) No
                                                                3472/85 0).
2. Where the oil awarded has a different degree of
acidity from that for which the tender was submitted, the       (a) Where the final results of the analysis of the sample
price to be paid shall be equal to the price tendered,               indicate a difference between the quality of the olive
increased or reduced in accordance with the scale below :            oil to be removed and the quality as described in the
                                                                     notice of invitation to tender, but that the oil is olive
— up to 3° acidity :
                                                                     oil as referred to in point 1 of the Annex to Regula­
      increase of ECU 0,32 for each tenth of a degree of             tion 136/66/EEC, the following provisions shall
     acidity below 3° ,                                              apply :
— above 3° acidity,
     reduction of ECU 0,32 for each tenth of a degree of              (i) the intervention agency shall, that same day,
                                                                          inform the Commission thereof in accordance
      acidity above 3° .
                                                                          with Annex I as well as the storer and the
                                                                          successful tenderer ;
                          Article 5
                                                                     (ii) the successful tenderer may :
Not later than three days after the expiry of the time limit
laid down for the submission of tenders, Senpa shall send                 — either agree to take over the lot with its quality
the Commission a list, without mentioning names, stating                       as established,
the highest tender received for each lot put up for sale.                 — or refuse to take over the lot in question
                                                                               notwithstanding the declaration made in accor­
                          Article 6                                            dance with Article 7 (6) (b) of Regulation (EEC)
                                                                               No 2960/77. In that case, the successful
The minimum selling price per 100 kilograms of oil shall                       tenderer shall, that same day, inform the inter­
be fixed, in accordance with the procedure laid down in                        vention agency and the Commission thereof in
                                                                               accordance with Annex II .
Article 38 of Regulation No 136/66/EEC, on the basis of
the tenders received, not later than the 10th working day                      Once these formalities have been completed,
after the expiry of each final date laid down for the                          he shall immediately be released from all his
submission of tenders. The decision fixing the minimum                         obligations relating to the lot in question,
selling price shall be notified forthwith to the Member                        including the securities.
State concerned.
                                                                (b) Where the final results of the analysis of the sample
                                                                     indicate that the oil is other than olive oil as referred
                          Article 7
                                                                     to in point 1 of Annex to Regulation 136/66/EEC :
The olive oil shall be sold by Senpa not later than the
fifth working day after the date of notification of the deci­
                                                                     — the intervention agency shall, that same day,
                                                                          inform the Commission thereof in accordance
sion referred to in Article 6.
                                                                          with Annex I, as well as the storer and the
                                                                          successful tenderer,
Senpa shall supply the agencies responsible for storage
with a list of the lots remaining unsold.                            — the successful tenderer shall give official notice,
                                                                          that same day, to the intervention agency of the
                                                                          impossibility of taking over the lot in question and
                          Article 8                                       shall inform the Commission thereof, that same
The oil shall not be withdrawn before 1 December 1 994.
                                                                          day, in accordance with Annexes I and II. Once
                                                                          these formalities have been completed, he shall
                                                                          immediately be released from all his obligations
The security referred to in Article 7 of Regulation (EEC)
                                                                          relating to the lot in question, including the secu­
No 2960/77 shall be ECU 18 per 100 kilograms.                             rities.
                          Article 9
The storage charge referred to in Article 15 of Regulation                                  Article 11
(EEC) No 2960/77 shall be ECU 3 per 100 kilograms.
                                                                This Regulation shall enter into force on the third day
                         Article 10                             following its publication in the Official Journal of the
                                                                European Communities.
Without prejudice to Article 11 ( 1 ) and (2) of Regulation
(EEC) No 2960/77, before the lot awarded is removed, the        (') OJ No L 333, 11 . 12. 1985, p. 5.
 ---pagebreak--- No L 269/20                         Official Journal of the European Communities                                 20. 10. 94
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 19 October 1994.
                                                                             For the Commission
                                                                                Rene STEICHEN
                                                                        Member of the Commission
                                                          ANNEX I
          The only numbers to be used in Brussels are (DG VI-C-4, for the attention of Messrs Albani/Petchame) :
          — telex :               22037 AGREC B
                                  22070 AGREC B (Greek characters)
          — fax :                 296 60 09.
                                                          ANNEX II
          Communication of refusal of lots under the invitation to tender for the sale of 30 000 tonnes of
                                  olive oil held by the Spanish intervention agency
          — Name of successful tenderer :
          — Date of award of contract :
          — Date of refusal of lot by successful tenderer :
               Lot            Quantity                   Address                       Reason for refusal
               No            in tonnes                of warehouse                        to take over