31977R1226

No L 141 / 20 9 . 6 . 77 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1226/ 77

of 8 June 1977 laying down rules for the sale of olive oil held by the intervention agencies

THE COMMISSION OF THE EUROPEAN Whereas in some cases olive-residue oil is stored in COMMUNITIES , especially large containers ; whereas the purchase of such quantities can interest only a limited number of traders ; Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation No 136/66/ EEC Whereas the transfer of such oil to other containers of 22 September 1966 on the establishment of a might pose technical problems ; whereas provision common organization of the market in oils and should therefore be made whereby such oil may be fats ('), as last amended by Regulation (EEC) No sold in more than one lot ; 1 707/73 (2), and in particular Article 11 (5) thereof,

Whereas Commission Regulation (EEC) No 589/68 of Whereas, in order to ensure that the sales take place 14 May 1968 on detailed rules for the sale of olive oil in a proper manner, provisions must be made for held by intervention agencies (3), as last amended by certain information to be given in the invitation to Regulation (EEC) No 782/77 (4), laid down the condi­ tender and in each tender ; tions for the sale by tender on the Community market of oil held by the intervention agencies ; whereas expe­ rience has shown that the procedure laid down in that Regulation does not enable the oil in question to be Whereas prospective tenderers should be encouraged put up for sale under the most favourable conditions ; by being permitted to familiarize themselves with the characteristics of the products on sale ; whereas, as a Whereas olive oil held by the intervention agencies corollary to this facility, such persons must be must be sold without discrimination among Commu­ required to waive all claims regarding the characteris­ nity purchasers and on the best possible terms ; tics of any oil eventually awarded to them ; whereas sale by tender seems an appropriate proce­ dure for this purpose ;

Whereas, in order to guarantee performance of the Whereas, however, certain special situations may call obligations resulting from the submission of a tender, for the use of other procedures ; provision should be made for the lodging of a secu­ rity ; Whereas, in order to ensure that the olive oil is sold when the market situation is most favourable , sales should be subject to a decision taken in accordance with the procedure laid down in Article 38 of Regula­ Whereas, since the quantity of oil sold may be tion No 136/ 66/ EEC ; different from that actually withdrawn, the final selling price cannot be calculated until withdrawal has been completed ; whereas, in order to ensure that the Whereas, where there is a risk of market disturbance, sale is properly conducted, the provisional price provision should be made for limiting the quantity should be paid before withdrawal ; which may be awarded to any one tenderer ;

Whereas, since the object of holding an invitation to tender is to obtain the best price, contracts should be Whereas, in order to ensure the rapid disposal of the awarded to the tenderers quoting the highest prices, oil sold, the time at which the oil must be placed at subject always to a minimum price established by the purchaser's disposal and the final date for comple­ reference to the market situation ; tion of the withdrawal of the oil should be laid down ; whereas it should also be provided that any Whereas, moreover, provisions should be laid down to consequences of delay in withdrawal should be borne deal with cases where two or more tenders relating to by the purchaser ; the same quantity quote the same price ;

(») OJ No 172, 30 . 9 . 1966, p. 3025/66 . Whereas the measures provided for in this Regulation (2) OJ No L 175, 29 . 6 . 1973 , p. 5 . (3) OJ No L 1 12, 15 . 5 . 1968 , p. 6 . are in accordance with the opinion of the Manage­ (4) OJ No L 95, 19 . 4. 19 77, p. 13 . ment Committee for Oils and Fats,

9 . 6 . 77 Official Journal of the European Communities No L 141 / 21

HAS ADOPTED THIS REGULATION : The invitation shall be published by inter alia being placed on public display at the office of the interven­ tion agency. Article 1

Intervention agencies may sell olive oil held by them Article 5 only after a decision in respect of such sale has been taken in accordance with the procedure laid down in 1 . The invitation to tender shall specify all the Article 38 of Regulation No 136/66/ EEC. terms and conditions of the invitation to tender, including in particular the following : This Decision shall relate in particular, to : (a) the quantity of oil in each lot ; — the quantity and quality of the oil to be put up for (b) the name of the storage depot and the place of sale, storage of each lot, together with the number of — the method of sale , such lot ; — the date or dates of publication of the notice of (c) the quality of the oil constitution each lot ; sale, (d) the minimum price , if any ; — the date or dates of the sale , (e) the time limit and place for the submission of — where appropriate, the maximum quantity which tenders ; may be awarded to each tenderer. (f) the date or dates of sale ; (g) the amount of the security referred to in Article 8 . Article 2 2. For the purposes of this Regulation , ' lot' means 1 . The olive oil held by intervention agencies shall the quantity of olive oil contained in a single be sold by tender. However, in special circumstances, container . it may be sold by some other procedure .

However, in the case of olive-residue oil , if the oil 2 . The terms of the invitation to tender or other contained in one container exceeds a quantity to be selling procedure must ensure equal access and treat­ determined, the intervention agency concerned may ment to all prospective purchasers irrespective of their be authorized to make up a lot out of part only of that place of establishment in the Community . oil .

Article 3 3 . The minimum price shall be net of tax and relate to 100 kilograms of olive oil delivered ex-storage depot, either in the purchaser s own drums 'Sale by tender' means a procedure whereby all inter­ loaded on a vehicle provided by him or in the ested parties are invited to submit offers, the contract purchaser's tank vehicle . for each lot being awarded to the person offering the highest price , provided always that such price is at least equal to a set minimum price . Article 6 Such minimum price shall be fixed in accordance Prospective purchasers may examine at the storage with the procedure laid down in Article 38 of Regula­ tion No 136 / 66 / EEC : depot the oil offered for sale and may obtain a sample thereof, in containers supplied by them for that — either in the decision providing for the opening of purpose , on payment of a price determined on the the invitation to tender, or basis of either the minimum price fixed in the invita­ — on the basis of the tenders received . tion to tender or the price at which the oil was bought in by the intervention agency . Where , however, no minimum price has been fixed pursuant to the first indent, a decision may be taken , This sample shall be put into two labelled bottles , in accordance with the aforesaid procedure and in the which shall be sealed in the presence of both the storer and the prospective purchaser or his duly autho­ light of the tenders received , to make no award . rized agent .

Article 4 One bottle shall be given to the prospective purchaser and the other to the storer, so that , in the event that Where it is decided that the sale is to be by tender, oil is sold to the former, a check may be made to the intervention agency concerned shall draw up the ensure that , subject as provided in the last sentence of invitation to tender . This invitation shall be communi­ Article 14 ( 1 ), the oil applied for by him corresponds cated to the Commission without delay . to that actually delivered .

No L 141 / 22 9 . 6 . 77 Official Journal of the European Communities

Article 7 containers awarded shall be sealed in the presence of both parties. The container or containers concerned 1 . Tenders , which shall be in writing, shall either shall remain sealed until withdrawal of the oil by the be delivered personally to the intervention agency purchaser. against acknowledgment of receipt or sent to the inter­ vention agency by registered letter, telex or telegram . 2. In addition , in the case of lampante oils and olive-residue oils, an acidity analysis shall be carried 2. Tenders shall indicate in particular : out in the presence of both parties before the placing of the seals referred to in paragraph 1 . If the degree of (a) the name and full postal address of the tenderer ; acidity as so determined does not correspond to that (b) the number or numbers of the lot or lots in respect of which the minimum price was fixed, the concerned, the name of the storage depot, and the selling price shall be adjusted upwards or downwards place of storage ; by amounts to be determined . (c) the offer price per 100 kilograms. 3 . Where sealing in the presence of both parties 3 . Any tender not stating a price at least equal to has not been effected within 20 days following the the minimum price fixed for the product in question dispatch of the information referred to in Article 10, shall be refused . the intervention agency shall forthwith itself seal the containers awarded . Where the oil awarded is a 4 . Each tender must relate to all the oil contained in at least one lot . lampante oil or an olive-residue oil, the intervention agency shall , before sealing, effect an analysis of the 5. Tenders may not be withdrawn . acidity of the oil .

6. A tender shall be valid only if it is accompanied by : Article 12

(a) a security ; 1 . The purchaser shall pay to the intervention (b) a statement by the tenderer waiving any claim as agency, before withdrawing the oil and in any event to the accuracy of the description under which the not later than the 30th day following receipt of the oil concerned is offered for sale . information referred to in Article 10, the provisional amount of the selling price . Without prejudice to any Article 8 domestic taxes applicable, such amount shall be calcu­ lated by multiplying the quantity indicated as being 1 . The security shall be in cash or by way of a contained in the lot by the price offered for that lot. guarantee issued by a credit institution satisfying the criteria laid down by the Member State in which it is 2. If the provisional amount is not paid to the inter­ situated . vention agency within the period laid down in para­ graph 1 , the sale shall , without any special formality 2. The security shall be released if no sale is made or invocation of legal process, be cancelled. In that to the party concerned . It shall likewise be released event, the security referred to in Article 8 shall be when the purchaser pays the final amount of the price forfeit . referred to in Article 14 .

Article13¶

1 . Purchasers shall withdraw the entire lot awarded . The oil in each particular lot shall be sold to the Withdrawal may begin as soon as the provisional tenderer having submitted a valid tender offering the highest price. Where the same highest bid is made by amount referred to in Article 12 ( 1 ) has been paid ; it shall be completed not later than the 40th day more than one tenderer the purchaser shall be chosen following the sale of the oil . by lot by the intervention agency.

2. The quantity of oil delivered to the tenderer may Article 10 differ from the quantity in respect of which the tender was submitted, depending on the actual quantity in The intervention agency shall immediately inform the container at the time of delivery. each tenderer by registered letter of the result of his participation in the invitation to tender. Article 14 Article 11 1 . When the withdrawal of the oil is complete the 1 . On receipt by the successful tenderer of the intervention agency shall draw up an invoice for the information referred to in Article 10 , the container or final amount of the selling price .

9 . 6 . 77 Official Journal of the European Communities No L 141 / 23

Without prejudice to any domestic tax applicable, the Article 15 final amount shall be calculated by multiplying the If withdrawal of the oil is not completed by the date quantity actually withdrawn , after the weight of water laid down in Article 14 ( 1 ): and impurities above 0-2 % in the case of virgin olive (a) the oil remaining in storage shall be held at the oil and 0-5 % in the case of olive-residue oil has been purchaser's own risk ; deducted, by the price offered for the lot in question . (b) the purchaser shall pay to the intervention agency The weight of water and impurities shall be deter­ a storage charge calculated by reference to the mined at the time of delivery by an analysis of a repre­ quantity to be withdrawn plus an amount to be sentative sample . determined for each period of 30 days of addi­ 2 . The invoice shall show the debit or credit tional storage or part thereof. balance, which shall be equal to the difference Article 16 between : Regulation ( EEC) No 589/68 is hereby repealed . — the provisional amount, — the final amount of the selling price plus any Article 17 storage charge payable pursuant to Article 15 (b). This Regulation shall enter into force on the day of its The balance shall be paid within 30 days following publication in the Official Journal of the European Communities. completion of withdrawal of the oil .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 8 June 1977 .

For the Commission

Finn GUNDELACH

Vice-President