CELEX: 31994R2532
Language: en
Date: 1994-10-20 00:00:00
Title: Commission Regulation (EC) No 2532/94 of 19 October 1994 opening an invitation to tender for the sale of olive oil held by the Italian intervention agency

20 . 10 . 94                                Official Journal of the European Communities                            No L 269/21
                                         COMMISSION REGULATION (EC) No 2532/94
                                                          of 19 October 1994
                    opening an invitation to tender for the sale of olive oil held by the Italian
                                                          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 Italian intervention agency, 'Ente di Stato per
                                                                       gli interventi nel mercato agricolo', hereinafter referred to
Whereas Article 2 of Council Regulation (EEC) No                       as 'EIMA', shall open an . invitation to tender in accor­
2754/78 (3), as amended by Regulation (EEC) No                         dance with the provisions of this Regulation and of Regu­
2203/90 (4), provides that olive oil held by the interven­             lation (EEC) No 2960/77 for the sale on the Community
tion agencies shall be put up for sale by tender ;
                                                                       market of approximately 30 000 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 Italian intervention agency holds certain             (EEC) No 2960/77.
quantities of olive oil ;
                                                                       2.    EIMA shall forward to the Commission before 25
                                                                       October 1994 the list of the lots it intends to put up for
Whereas Commission Regulation (EEC) No 2960/77 (*),                    sale and their storage locations.
as last amended by Regulation (EEC) No 3818/85 (*), laid
down the conditions for the sale by tender on the                      At the request of the Commission during the following
Community market and for export of olive oil ; whereas                 three days EIMA shall replace certain lots as required by
the state of the market in olive oil is at present favourable          the Commission.
for the sale of part of the said oil ;
                                                                                                Article 2
Whereas in the present situation of the market in virgin
olive oil where supply is low compared with demand and
in order to provide the greatest possible number of opera­             The notice of invitation to tender shall be published on 3
tors with minimum supplies for their immediate needs, it               November 1994.
should be stipulated that an operator may only submit
tenders up to a given quantity ;                                       Particulars of the lots of oil offered for sale and of the
                                                                       places where they are stored shall be displayed at the
                                                                       central office of EIMA, via Palestro 81 , 1-00185 Rome.
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 EIMA at the central office, via
                                                                       Palestro 81 , 1-00185 Rome not later than 2 p.m. (local
Whereas the monitoring arrangements should accordingly                 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
(2) OJ  No   L 285, 20 .  11 . 1993, p. 9 .                            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.
o   OJ  No   L 348, 30.   12. 1977, p. 46.                             No tenderer may submit a tender for a quantity in excess
 6) OJ  No   L 368 , 31 . 12. 1985, p . 20 .                           of 1 000 tonnes.
 ---pagebreak---  No L 269/22                           Official Journal of the European Communities                                    20 . 10 . 94
                          Article 4                              intervention agency, the successful tenderer and the
                                                                 storage agency shall take a reference sample and analyse
 1 . With regards to lampante virgin olive oil, tenders          that sample using the methods referred to in Article
 shall be submitted for oil of 3° acidity.                       2 (4) (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
 — up to 3° acidity :                                                  notice of invitation to tender, but that the oil is olive
                                                                       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 :                                                   (i) the intervention agency shall, that same day,
                                                                            inform the Commission thereof in accordance
     reduction of ECU 0,32 for each tenth of a degree of                    with Annex I as well as the storer and the
     acidity above 3° .
                                                                            successful tenderer ;
                          Article 5                                   (ii) the successful tenderer may :
 Not 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, EIMA shall send                        as established,
 the Commission a list, without mentioning names, stating                   — or refuse to take over the lot in question
 the highest tender received for each lot put up for sale.                       notwithstanding the declaration made in accor­
                                                                                 dance with Article 7 (6) (b) of Regulation (EEC)
                          Article 6                                              No 2960/77. In that case, the successful
                                                                                 tenderer shall, that same day, inform the inter­
The minimum selling price per 100 kilogramms of oil                              vention agency and the Commission thereof in
                                                                                 accordance with Annex II.
 shall be fixed, in accordance with the procedure laid
 down in Article 38 of Regulation No 136/66/EEC, on the
 basis of the tenders received, not later than the 10th                          Once these formalities have been completed,
working day after the expiry of each final date laid down                        he shall immediately be released from all his
for the submission of tenders. The decision fixing the                           obligations relating to the lot in question,
minimum selling price shall be notified forthwith to the                         including the securities.
Member 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 the Annex to          Regulation
                                                                       136/66/EEC :
The olive oil shall be sold by EIMA not later than the
fifth working day after the date of notification of the deci­         -— the intervention agency shall, that same day,
sion referred to in Article 6.                                              inform the Commission thereof in accordance
                                                                            with Annex I, as well as the storer and the
EIMA shall supply the agencies responsible for storage                      successful tenderer,
with a list of the lots remaining unsold.
                                                                      — the successful tenderer shall give official notice,
                                                                            that same day, to the intervention agency of the
                          Article 8                                         impossibility of taking over the lot in question and
                                                                            shall inform the Commission thereof, that same
The oil shall not be withdrawn before 1 December 1994.                      day, in accordance with Annexes I and II. Once
                                                                            these formalities have been completed, he shall
The security referred to in Article 7 of Regulation (EEC)                   immediately be released from all his obligations
No 2960/77 shall be ECU 18 per 100 kilograms.                               relating to the lot in question, including the secu­
                                                                            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 kilogramms.
                                                                 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--- 20. 10. 94                          Official Journal of the European Communities                                  No L 269/23
              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 Italian 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