CELEX: 31994R2530
Language: en
Date: 1994-10-20
Title: Commission Regulation (EC) No 2530/94 of 19 October 1994 opening an invitation to tender for the sale of olive oil held by the Greek intervention agency

20 . 10 . 94                               Official Journal of the European Communities                             No L 269 / 15
                                         COMMISSION REGULATION (EC) No 2530/94
                                                         of 19 October 1994
                    opening an invitation to tender for the sale of olive oil held by the Greek
                                                         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,
 Having regard to Council Regulation No 136/66/EEC of                 HAS ADOPTED THIS REGULATION :
22 September 1966 on the establishment of a common
organization of the market in oils and fats ('), as last
amended by Regulation (EC) No 3179/93 (2), and in parti­                                         Article 1
cular Article 12 (4) thereof,
                                                                      1 . The Greek intervention agency, 'Diefthinsi Diachiri­
Whereas Article 2 of Council Regulation (EEC) No                      seos Agoron Georgikon Proionton', hereinafter referred to
2754/78 (3), as amended by Regulation (EEC) No                        as 'Didagep', shall open an invitation to tender in accor­
2203/90 (4), provides that olive oil held by the interven­            dance with the provisions of this Regulation and of Regu­
tion agencies shall be put up for sale by tender ;                    lation (EEC) No 2960/77 for the sale on the Community
                                                                      market of approximately 6 000 tonnes of virgin olive oil,
                                                                      the quality of which is detailed in the notice of invitation
Whereas, pursuant to Article 12 ( 1 ) of Regulation No                to tender in accordance with Article 5 of Regulation
 136/66/EEC, the Greek intervention agency holds certain              (EEC) No 2960/77.
quantities of olive oil ;
                                                                      2. Didagep shall forward to the Commission before 25
Whereas Commission Regulation (EEC) No 2960/77 (3),                   October 1994 the list of the lots it intends to put up for
as last amended by Regulation (EEC) No 3818/85 (6), laid              sale and their storage locations. At the request of the
down the conditions for the sale by tender on the                     Commission during the following three days Didagep
Community market and for export of olive oil ; whereas                shall replace certain lots as required by the Commission.
the state of the market in olive oil is at present favourable
for the sale of part of the said oil ;
                                                                                                 Article 2
Whereas in the present situation of the market in virgin              The notice of invitation to tender shall be published on 3
olive oil where supply is low compared with demand and                November 1994.
in order to provide the greatest possible number of opera­
tors with minimum supplies for their immediate needs, it              Particulars of the lots of oil offered for sale and of the
should be stipulated that an operator may only submit
tenders up to a given quantity ;                                      places where they are stored shall be displayed at the
                                                                      central office of Didagep, Acharnon No 241 , GR-11253
                                                                      Athens .
Whereas special rules must be laid down to ensure that
the operations are properly carried out and monitored ;               A copy of the notice of invitation to tender shall be sent
                                                                      without delay to the Commission .
Whereas to that end the Member States must provide for
all additional measures compatible with the provisions in                                        Article 3
force to ensure that the operation takes place smoothly
and that the Commission is kept informed ;
                                                                      The tenders must reach Didagep at the central office,
                                                                      Acharnon No 241 , GR-11253 Athens not later than 2
Whereas the monitoring arrangements should accordingly                p.m. (local time) on 22 November 1994.
be supplemented by the possibility of a sample being
taken in the presence of both parties ;                               Tenders shall be admissible only if submitted by a natural
                                                                      or legal person who exercises an activity in the olive oil
(') OJ  No   172, 30. 9.  1966, p. 3025/66.                           sector and is entered in that status as at 31 December
0   OJ  No   L 285, 20.   11 . 1993, p. 9.                            1993 in a public register of a Member State.
O   OJ  No   L 331 , 28.  11 . 1978, p. 13.
(4) OJ  No   L 201 , 31 . 7. 1990, p. 5.
0   OJ  No   L 348, 30.   12. 1977, p. 46.                            No tenderer may submit a tender for a quantity in excess
(*) OJ  No   L 368, 31 .  12. 1985, p. 20.                            of 500 tonnes.
 ---pagebreak---   No L 269/ 16                         Official Journal of the European Communities                                   20 . 10 . 94
                          Article 4                                                           Article 10
  1 . With regards to lampante virgin olive oil, tenders         Without prejudice to Article 11 ( 1 ) and (2) of Regulation
  shall be submitted for oil of 3° acidity.                      (EEC) No 2960/77, before the lot awarded is removed, the
                                                                  intervention agency, the successful tenderer and the
  2. Where the oil awarded has a different degree of             storage agency shall take a reference sample and analyse
  acidity from that for which the tender was submitted, the      that sample using the methods referred to in Article 2 (4)
  price to be paid shall be equal to the price tendered,         (a) and (b) of Commission Regulation (EEC) No
  increased or reduced in accordance with the scale below :      3472/85 0).
 — up to 3° acidity :                                            (a) Where the final results of the analysis of the sample
                                                                      indicate a difference between the quality of the olive
      increase of ECU 0,32 for each tenth of a degree of              oil to be removed and the quality as described in the
      acidity below 3° ,                                              notice of invitation to tender, but that the oil is olive
                                                                      oil as referred to in point 1 of the Annex to Regula­
 — above 3° acidity :                                                 tion 136/66/EEC, the following provisions shall
                                                                      apply :
      reduction of ECU 0,32 for each tenth of a degree of              (i) the intervention agency shall, that same day,
      acidity above 3° .                                                    inform the Commission thereof in accordance
                                                                           with Annex I as well as the storer and the
                                                                           successful tenderer ;
                          Article 5
                                                                      (ii) the successful tenderer may :
 Nor later than three days after the expiry of the time limit             — either agree to take over the lot with its quality
 laid down for the submission of tenders, Didagep shall                         as established,
 send the Commission a list, without mentioning names,                    — or refuse to take over the lot in question
 stating the highest tender received for each lot put up for                    notwithstanding the declaration made in accor­
 sale .                                                                         dance with Article 7 (6) (b) of Regulation (EEC)
                                                                                No 2960/77. In that case, the successful
                                                                                tenderer shall, that same day, inform the inter­
                          Article 6                                             vention agency and the Commission thereof in
                                                                                accordance with Annex II.
 The minimum selling price per 100 kilograms of oil shall                       Once these formalities have been completed,
 be fixed, in accordance with the procedure laid down in                        he shall immediately be released from all his
 Article 38 of Regulation No 136/66/EEC, on the basis of                        obligations relating to the lot in question,
 the tenders received, not later than the 10th working day                      including the securities.
 after the expiry of each final date laid down for the
 submission of tenders. The decision fixing the minimum          (b) Where the final results of the analysis of the sample
 selling price shall be notified forthwith to the Member              indicate that the oil is other than olive oil as referred
State concerned.
                                                                      to in point 1 of the Annex to Regulation 136/
                                                                      66/EEC :
                          Article 7                                  — the intervention agency shall, that same day,
                                                                          inform the Commission thereof in accordance with
The olive oil shall be sold by Didagep not later than the                 Annex I, as well as the storer and the successful
fifth working day after the date of notification of the deci­             tenderer,
sion referred to in Article 6.
                                                                     — the successful tenderer shall give official notice,
                                                                          that same day, to the intervention agency of the
Didagep shall supply the agencies responsible for storage                 impossibility of taking over the lot in question and
with a list of the lots remaining unsold.                                 shall inform the Commission thereof, that same
                                                                          day, in accordance with Annexes I and II. Once
                                                                          these formalities have been completed, he shall
                          Article 8                                       immediately be released from all his obligations
                                                                          relating to the lot in question, including the securi­
The oil shall not be withdrawn before 1 December 1 994.                   ties.
The security referred to in Article 7 of Regulation (EEC)
No 2960/77 shall be ECU 18 per 100 kilograms.                                                 Article 11
                                                                This Regulation shall enter into force on the third day
                          Article 9                             following its publication in the Official Journal of the
                                                                 European Communities.
The storage charge referred to in Article 15 of Regulation
(EEC) No 2960/77 shall be ECU 3 per 100 kilograms.              (') OJ No L 333, 11 . 12. 1985, p. 5.
 ---pagebreak--- 20. 10 . 94                          Official Journal of the European Communities                                  No L 269/ 17
               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 6 000 tonnes of
                                     olive oil held by the Greek 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