CELEX: 31989R2728
Language: en
Date: 1989-09-09 00:00:00
Title: Commission Regulation (EEC) No 2728/89 of 8 September 1989 opening an invitation to tender for the sale of olive oil held by the Italian intervention agency

9 . 9 . 89                                 Official Journal of the European Communities                               No L 263/7
                                      COMMISSION REGULATION (EEC) No 2728/89
                                                        of 8 September 1989
                                                             p
                   opening an invitation to tender for the sale of olive oil held by the Italian
                                                         intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           with the provisions of this Regulation and of Regulation
                                                                      (EEC) No 2960/77 for the sale on the Community market
 Having regard to the Treaty establishing the European                of the following quantities of olive oil :
 Economic Community,
                                                                      — approximately 4 000 tonnes of lampante virgin olive
                                                                          oil,
 Having regard to Regulation No 136/66/EEC of the
 Council of 22 September 1966 on the establishment of a               — approximately 2 500 tonnes of olive-pomace oil .
common organization of the market in oils and fats ('), as
 last amended by Regulation (EEC) No 1225/89 (2), and in                                         Article 2
 particular Article 1 2 (4) thereof,
                                                                      The invitation to tender shall be published on 11
Whereas Article 2 of Council Regulation (EEC) No                      September 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 AIMA, via Palestro 81 , 1-00185 Rome,
 136/66/EEC, the Italian intervention agency holds certain            Italy.
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 Q, 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 AIMA at the central office, via
 for the sale of part of the said oil ;                               Palestro 81 , Rome, Italy not later than 2 p.m. (local time)
                                                                      on 25 September 1989 .
Whereas in the present situation of the market in olive
oils where supply is low compared with demand and in                  Tenders shall be admissible only if submitted by a natural
order to provide the greatest possible number of operators            or legal person who exercises an activity in the olive oil
with a minimum supply for their immediate needs, it                   sector and is entered in that status as at 31 December
should be stipulated that each operator may only submit               1988 in a public register of a Member State.
tenders for a maximum quantity ; whereas in order to
avoid any misuse of this provision and therefore prevent a            Furthermore, no tenderer may submit a tender for a
 limited number of operators from monopolizing the                    quantity in excess of 1 500 tonnes for lampante virgin
quantities put up for sale, it should be stipulated that only         olive oil, and 500 tonnes for olive-pomace oil.
 recognized operators may submit tenders in response to
this invitation ;
                                                                                                 Article 4
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                      1 . With regard to lampante virgin olive oil, tenders
 Committee for Oils and Fats,                                         shall be submitted for an oil of 5° acidity.
                                                                      With regard to olive-pomace oil, tenders shall be
                                                                      submitted for an oil of 10° acidity.
HAS ADOPTED THIS REGULATION :
                                                                      2.     Where the oil awarded has a different degree of
                                                                      acidity from that for which the tender was submitted, the
                              Article 1
                                                                      price to be paid shall be equal to the price tendered,
                                                                      increased or reduced in accordance with the scale below :
The Italian intervention agency, 'Azienda di Stato per gli :          A. Lampante virgin olive oil :
interventi' nel mercato agricolo', hereinafter referred to as
'AIMA', shall open an invitation to tender in accordance                  — up to 5° acidity :
                                                                               incresase of Lit 528,6 for each tenth of a degree of
                                                                               acidity below 5° ,
(') OJ   No 172, 30. 9.  1966, p. 3025/66.
(2) OJ   No L 128, 11 .  5. 1989, p. 15.                                  — above 5° up to 8° acidity :
(') OJ   No L 331 , 28 . 11 . 1978, p. 13.
(<) OJ   No L 348, 30.   12. 1977, p. 46.                                      reduction of Lit 528,6 for each tenth of a degree of
0   OJ   No L 368, 31 .  12. 1985, p. 20.                                      acidity above 5° ,
 ---pagebreak--- No L 263/8                            Official Journal of the European Communities                                 9 . 9 . 89
    — above 8     :                                             later than the last working day of the month during
       additional reduction of Lit 578,2 for each tenth of      which the tenders were submitted. The decision fixing the
       a degree above 8° ;                                      minimum selling price shall be notified forthwith to the
                                                                Member State concerned.
B. Olive-pomace oil :
    — below 1 0° down to 8° acidity :                                                   Article 7
       an increase of Lit 350 for each tenth of a degree of
       acidity below 10° ,                                      The olive oil shall be sold by AIMA not later than the
    — below 8° :                                                seventh day of each month following that during which
                                                                the tenders were submitted.
       an additional increase of Lit 300 for each tenth of
       a degree below 8° ,
    — above 10° :                                                                       Article 8
       a reduction of Lit 350 for each tenth of a degree
       above 10° .                                              The security referred to in Article 7 of Regulation (EEC)
                                                                No 2960/77 shall be Lit 30 000 per 100 kilograms.
                         Article 5
                                                                                        Article 9
Not later than three days after the expiry of the time limit
laid down for the submission of tenders, AIMA shall send        The storage charge referred to in Article 1 5 of Regulation
the Commission a list, without mentioning names, stating        (EEC) No 2960/77 shall be Lit 4 000 per 100 kilograms.
the highest tenders received for each lot put up for sale.
                         Article 6                                                      Article 10
The minimum selling price shall be fixed, in accordance         This Regulation shall enter into force on the day of its
with the procedure laid down in Article 38 of Regulation        publication in the Official Journal of the European
No 136/66/EEC, on the basis of the tenders received, not         Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 8 September 1989.
                                                                         For the Commission
                                                                          Ray MAC SHARRY
                                                                     Member of the Commission