31989R0375

16. 2. 89 Official Journal of the European Communities No L 44/9

COMMISSION REGULATION (EEC) No 375/89 of 15 February 1989 } opening an invitation to tender fo 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 11 000 tonnes of virgin lampant olive Having regard to Council Regulation (EEC) No oil, 136/66/EEC of 22 September 1966 on the establishment — approximately 4 000 tonnes of olive residue oil. of a common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 2210/88 (2), and in particular Article 12 (4) thereof, Article 2

Whereas Article 2 of Council Regulation (EEC) No The invitation to tender shall be published on 16 2754/78 (3), provides that olive oil held by the February 1989. intervention agencies shall be put up for sale by tender ; Particulars of the lots of oil offered for sale and of the Whereas, pursuant to Article 12 (1 ) of Regulation (EEC) places where they are stored shall be dispayed at the No 136/66/EEC, the Italian intervention agency holds central office of AIMA, via Palestro 81 , Rome, Italy. certain quantities of olive oil ;

Whereas Commission Regulation (EEC) No 2960/77 (4), A copy of the invitation to tender shall be sent without delay to the Commission. as last amended by Regulation (EEC) No 3818/85 (*), laid down the conditions for the sale by tender on the Community market and for export of olive oil ; whereas Article 3 the state of the market in olive oil is at present favourable for the sale of part of the said oil ; The tenders must reach AIMA at the central office, via Whereas in the present situation of the market in Palestro 81 , Rome, Italy not later than 2 p.m. (local time) lampant virgin olive oils where supply is low compared on 23 February 1989. with demand and in order to provide the greatest possible number of operators with a minimum supply for their Tenders shall be admissible only if submitted by a natural immediate needs, in should be stipulated that each or legal person who exercises an activity in the olive oil operator may only submit tenders for a maximum sector and is registered as at 31 December 1988 in a quantity ; whereas in order to avoid any misuse of this public register of a Member State. provision and therefore prevent a limited number of operators from monopolizing the quantities put up for Furthermore, no tenderer may submit a tender for a sale, it should be stipulated that only recognized operators quantity in excess of 1 500 tonnes, for virgin lampant may submit tenders in response to this invitation ; olive oil, and 500 tonnes for olive residue 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 virgin lampant olive, tenders shall be submitted for an oil of 5° acidity. HAS ADOPTED THIS REGULATION : With regard to olive residue oil , tenders shall be submitted for an oil of 10° acidity. Article 1 2. Where the oil awarded has a different degree of acidity The: Italian intervention agency, 'Azienda di Stato per gli from that for which the tender was submitted, the price to interventi' nel mercato agricolo', hereinafter referred to as be paid shall be equal to the price tendered, increased or reduced in accordance with the scale below : *AIMA', shall open an invitation to tender in accordance A. Virgin lampant olive oil : (') OJ No 172, 30. 9. 1966, p. 3025/66. (2) OJ No L 197, 26. 7. 1988, p. 1 . — up to 5 acidity : (3) OJ No L 331 , 28. 11 . 1978, p. 13. («) OJ No L 348, 30. 12. 1977, p. 46. increase of Lit 528,6 for each tenth of a degree of 0 OJ No L 368, 31 . 12. 1985, p. 20. acidity below 5° ,

No L 44/ 10 Official Journal of the European Communities 16. 2 . 89

— above 5° up to 8 acidty : No 136/66/EEC, on the basis of the tenders received, not reduction of Lit 528,6 for each tenth of a degree of later than the last working day of the month during acidity above 5° , which the tenders were submitted. The decision fixing the — above 8° : minimum selling price shall be notified forthwith to the Member State concerned . additional reduction of Lit 578,2 for each tenth of a degree above 8° . B. Olive residue oil : Article 7 — below 10° down to 8° acidity : The olive oil shall be sold by AIMA not later than the an increase of Lit 350 for each tenth of a degree of seventh day of each month following that during which acidity below 10° , the tenders were submitted . — below 8° : an additional increase of Lit 300 for each tenth of Article 8 a degree below 8° , — above 10° : The security referred to in Article 7 of Regulation (EEC) a reduction of Lit 350 for each tenth of a degree No 2960/77 shall be Lit 30 000 per 100 kilograms. above 10° .

Article 9 Article 5 Not later than three days after the expiry of the time limit The storage charge referred to in Article 15 of Regulation laid down for the submission of tenders, AIMA shall send (EEC) No 2960/77 shall be Lit 4 000 per 100 kilograms. the Commission a list, without mentioning names, stating the highest tenders received for each lot put up for sale. Article 9 Article 6 This Regulation shall enter into force on the day of its The minimum selling price shall be fixed, in accordance publication in the Official Journal of the European with the procedure laid down in Article 38 of Regulation Communities.

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

Done at Brussels, 15 February 1989 .

For the Commission Ray MAC SHARRY Member of the Commission