CELEX: 31989R2376
Language: en
Date: 1989-08-03 00:00:00
Title: Commission Regulation (EEC) No 2376/89 of 2 August 1989 opening an invitation to tender for the sale of olive oil held by the Spanish intervention agency

No L 225/22                               Official Journal of the European Communities                                    3 . 8 . 89
                                     COMMISSION REGULATION (EEC) No 2376/89
                                                        of 2 August 1989
                  opening an invitation to tender for the sale of olive oil held by the Spanish
                                                       intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         — 2 000 tonnes of virgin olive oil,
Having regard to the Treaty establishing the European               — 10 000 tonnes of lampante virgin olive oil.
Economic Community,
                                                                    By way of derogation from Article 5 (2) of Regulation
Having regard to Regulation No 136/66/EEC of the                    (EEC) No 2960/77, Senpa shall, wfcere the quantity of oil
Council of 22 September 1966 on the establishment of a              in a container exceeds 500 tonnes, be authorized to
common organization of the market in oils and fats ('), as          establish several lots with part only of that oil.
last amended by Regulation (EEC) No 1225/89 (2), and in
particular Article 12 (4) thereof,
                                                                                                Article 2
Whereas Article 2 of Council Regulation (EEC) No
2754/78 (3), provides that olive oil held by the interven­          The invitation to tender shall be published on 1
tion agencies shall be put up for sale by tender ;                  September 1989.
Whereas, pursuant to Article 1 (2) of Commission Regula­             Particulars of the lots of oil offered for sale and of the
tion (EEC) No 629/86 (4), the Spanish intervention agency            places where they are stored shall be displayed at the
holds in stock large quantities of olive oil ;                      central office of Senpa, calle Beneficencia 8, Madrid
                                                                     28004, Spain.
Whereas Commission Regulation (EEC) No 2960/77 (*),
as last amended by Regulation (EEC) No 3818/85 (*), laid             A copy of the invitation to tender shall be sent without
down the conditions for the sale by tender on the                    delay to the Commission.
Community market and for export of olive oil ; whereas
the state of the market in olive oil is at present favourable
for the sale of part of the said oil ;                                                          Article 3
Whereas in the present situation of the market in virgin             The tenders must reach Senpa, calle Beneficencia 8,
olive oil where supply is low compared with demand and               Madrid 28004, Spain, not later than 2 p.m. (local time) on
in order to provide the greatest possible number of opera­           12 September 1989. Tenders shall be admissible only if
tors with a minimum supply for their immediate needs, it             submitted by a natural or legal person who exercises an
should be stipulated that each operator may only submit              activity in the olive oil sector and is entered in that status
tenders for a maximum quantity ; whereas in order to                 as at 31 December 1988 in a public register of a Member
avoid any misuse of this provision and therefore prevent a           State.
limited number of operators from monopolizing the
quantities put up for sale, it should be stipulated that only        Furthermore, no tenderer may submit a tender for a
recognized operators may submit tenders in response to               quantity in excess of 500 tonnes for virgin olive oil and
this invitation ;                                                    1 500 tonnes for lampante virgin olive oil.
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                                                Article 4
Committee for Oils and Fats,
                                                                     1 . With regard to lampante virgin olive oil, tenders
HAS ADOPTED THIS REGULATION :
                                                                     shall be submitted for an oil of 3° acidity.
                                                                     2. Where the oil awarded has a different degree of
                             Article 1                               acidity from that for which the tender was submitted, the
                                                                     price to be paid shall be equal to the price tendered,
The Spanish intervention agency 'Servicio Nacional de                increased or reduced in accordance with the scale below :
 Productos Agrarios', hereinafter referred to as 'Senpa',
shall open an invitation to tender in accordance with the            — up to 3° acidity :
 provisions of this Regulation and of Regulation (EEC) No                increase of Pta 49,35 for each tenth of a degree of
2960/77 for the sale on the Community market of the                      acidity below 3° ,
following quantities of olive oil :                                  — above 3° up to 8° acidity :
                                                                         reduction of Pta 49,35 for each tenth of a degree of
(') OJ  No  172, 30. 9. 1966, p. 3025/66.                                acidity above 3° ,
(2) OJ  No L 128, 11 .  5. 1989, p. 15.
f)  OJ  No L 331 , 28.  11 . 1978, p. 13.                            — above 8° :
0   OJ  No L 60, 1 . 3. 1986, p. 8 .
n   OJ  No L 348, 30.   12. 1977, p. 46.                                 additional reduction of Pta 53,98 for each tenth of a
f6) OJ  No L 368, 31 .  12. 1985, p. 20.                                 degree above 8° .
 ---pagebreak--- 3. 8 . 89                             Official Journal of the European Communities                          No L 225/23
                         Article 5                              Senpa 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, Senpa 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 Pta 3 000 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 Pta 400 per 100 kilograms.
selling price shall be notified forthwith to the Member
State concerned.
                                                                                        Article 10
                         Article 7
The olive oil shall be sold by Senpa 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, 2 August 1989.
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission