31987R3508
24. 11 . 87 Official Journal of the European Communities No L 334/7
COMMISSION REGULATION (EEC) No 3508/87 of 23 November 1987 opening an invitation to tender for the sale for export of olive oil held by the Spanish intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES, detailed rules for the application of the system of export refunds on agricultural products (*), as last amended by Having regard to the Treaty establishing the European Regulation (EEC) No 3826/85 Q, specifies the evidence Economic Community, required to prove importation into non-Community countries ; Having regard to Council Regulation No 136/66/EEC of Whereas the measures provided for in this Regulation are 22 September 1966 on the establishment of a common in accordance with the opinion of the Management organization of the market in oils and fats (!), as last Committee for Oils and Fats, amended by Regulation (EEC) No 1915/87 (2), and in particular Article 12 (4) thereof,
Whereas Article 2 (1 ) of Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 2754/78 (3) provides that olive oil held by the intervention agencies is to be put up for sale by tender ; Article 1 Whereas, pursuant to Article 12 ( 1 ) of Regulation No 1 . The Spanish intervention agency Servicio Nacional 136/66/EEC, the Spanish intervention agency has bought de Productos agrarios, hereinafter referred to as 'SENPA', in large quantities of olive oil ; shall open an invitation to tender in accordance with the provisions of this Regulation and of Regulation (EEC) No Whereas Commission Regulation (EEC) No 2960/77 (4), 2960/77 for the sale for export of approximately 2 500 as last amended by Regulation (EEC) No 3818/85 (*), laid tonnes of lampant virgin olive oil. down the conditions for the sale by tender of olive oil ; whereas at the present time there exist opportunities for 2. The quantities of olive oil awarded shall not be exporting olive oil ; exported to the United States of America or Canada.
Whereas, in order to avoid any export problem, it shall be precisely stated on the package of the product to be Article 2 exported one of the denominations set out in the Annex to Regulation No 136/66/EEC ; The invitation to tender shall be made public on 24 November 1987 . Whereas the minimum selling price is so fixed that the Community operators enjoy equal conditions of competi Particulars of the lots of oil offered for sale and the places tion with operators in non-member countries ; whereas, where they are stored shall be displayed at the head office accordingly, oil should, under this Regulation, qualify of SENPA, calle Beneficencia, 8, Madrid 28003, Spain. neither for the export refund provided for in Article 20 of A copy of the invitation to tender referred to above shall Regulation No 136/66/EEC nor for the consumption aid be sent without delay to the Commission. provided for in Article 1 1 of the same Regulation ;
Whereas there is an established export trade in olive oil Article 3 put up in small containers from the Community to the United States of America and to Canada ; whereas if oil The tenders must reach SENPA, calle Beneficia, 8 , Madrid subject of an award by tender under this Regulation were 28003, Spain, not later than 2 p.m. (local time) on 9 to be exported in bulk to these two countries, it might December 1987 . well damage this traditional export trade ; whereas, to guard against this danger, exportation should be allowed only to countries other than the United States of America Article 4 and Canada ; 1 . Tenders shall be submitted for an oil of 5° acidity. Whereas Article 20 of Commission Regulation (EEC) No 2. Where the oil awarded has a different degree of 2730/79 of 29 November 1979 laying down common acidity from that for which the tender was submitted, the price to be paid shall be equal to the price tendered, (') OJ No 172, 30. 9 . 1966, p. 3025/66 . increased or reduced in accordance with the scale below : (2) OJ No L 183, 3 . 7. 1987, p. 7 . (3) OJ No L 331 , 28 . 11 . 1978 , p . 13 . (4) OJ No L 348 , 30 . 12. 1977, p . 46 . («) OJ No L 317, 12. 12. 1979, p. 1 . f5) OJ No L 368 , 31 . 12. 1985, p . 20 . P) OJ No L 371 , 31 . 12. 1985, p. 1 .
No L 334/8 24. 11 . 87 Official Journal of the European Communities
Article 8 — up to 5 acidity : increase of Pta 493,5 for each degree or fraction of 1 . The security referred to in Article 7 of Regulation degree of acidity below 5° , (EEC) No 2960/77 shall be Pta 3 000 per 100 kilograms.
— above 5° up to 8° acidity : The security referred to in Article 12 (3) of Regulation reduction of Pta 493,5 for each degree or fraction of (EEC) No 2960/77 shall be Pta 20 000 per 100 kilograms of olive oil . degree of acidity above 5° , — above 8° : For the purposes of applying the provisions of Article 1 (2), the security referred to in the second subparagraph of additional reduction of Pta 539,8 for each degree or this Article shall not be released unless proof is provided fraction of degree above 8° . that the oil was imported into a non-member country other than the United States of America or Canada, Article 5 except in cases where it has been destroyed during trans port a a result of force majeure, or that it has been used for supplies as indicated in Article 5 of Regulation (EEC) Not later than three days after the expiry of the time limit No 2730/79 . laid down for the submission of tenders, SENPA shall send the Commission a list, without mentioning names, The Member States may, however, exempt the exporter stating the highest tender received for each lot put up for from producing the documentary evidence, other than the sale . transport document, specified in Article 20 of Regulation (EEC) No 2730/79, in the case of a transaction where there is reasonable certainty of arrival at destination of Article 6 products for which a declaration of export to a non member country in Europe, Africa, or the Near or Middle The minimum selling price shall be fixed, in accordance East, listed in Commission Regulation (EEC) No with the procedure laid down in Article 38 of Regulation 2566/79 ('), was made. No 136/66/EEC, on the basis of the tenders received, not later than the last working day of the month during Article 9 which the tenders were submitted. The decision fixing the minimum selling price shall be notified forthwith to the The storage charge provided for in Article 15 of Regula Member State concerned . tion (EEC) No 2960/77 shall be Pta 400 per 100 kilograms.
Article7¶
The olive oil shall be sold by SENPA not later than the This Regulation shall enter into force on the day of its seventh day of each month following that during which publication in the Official Journal of the European the tenders were submitted . Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 23 November 1987 .
For the Commission Frans ANDRIESSEN Vice-President
(') OJ No L 294, 21 . 11 . 1979, p. 5.