31989R0406

18 . 2. 89 Official Journal of the European Communities No L 46/ 11

COMMISSION REGULATION (EEC) No 406/89 of 17 February 1989 opening an invitation to tender for the sale of olive oil held by the Spanish intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, provisions of this Regulation and of Regulation (EEC) No 2960/77 for the sale on the Community market of Having regard to the Treaty establishing the European approximately 10 000 tonnes of lampant virgin olive oil. Economic Community, By way of derogation from Article 5 (2) of Regulation Having regard to Regulation No 136/66/EEC of the (EEC) No 2960/77, Senpa shall, where the quantity of oil Council of 22 September 1966 on the establishment of a in a container exceeds 500 tonnes, be authorized to esta­ common organization of the market in oils and fats ('), as blish several lots with part only of that oil. 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 2754/78 (3), provides that olive oil held by the interven­ The invitation to tender shall be published on 27 tion agencies shall be put up for sale by tender ; February 1989. Whereas, pursuant to Article 1 (2) of Commission Regula­ Particulars of the lots of oil offered for sale and of the tion (EEC) No 629/86 (4), the Spanish intervention agency places where they are stored shall be displayed at the holds in stock large quantities of olive oil ; central office of Senpa, calle Beneficencia, 8, Madrid Whereas Commission Regulation (EEC) No 2960/77 (*), 28003, Spain. as last amended by Regulation (EEC) No 3818/85 (*), laid down the conditions for the sale by tender on the A copy of the invitation to tender shall be sent without delay to the Commission. Community market and for export of olive oil ; whereas the state of the market in olive oil is at present favourable for the sale of part of the said oil ; Article 3 Whereas in the present situation of the market in lampant virgin olive oils where supply is low compared The tenders must reach Senpa, calle Beneficencia, 8, with demand and in order to provide the greatest possible Madrid 28003, Spain, not later than 2 p.m. (local time) on number of operators with a minimum supply for their 9 March 1989. Tenders shall be admissible only if immediate needs, it should be stipulated that each submitted by a natural or legal person who exercises an operator may only submit tenders for a maximum quan­ activity in the olive oil sector and is registered as at 31 tity ; whereas in order to avoid any misuse of this provi­ December 1988 in a public register of a Member State. sion and therefore prevent a limited number of operators from monopolizing the quantities put up for sale, it Furthermore, no tenderer may submit a tender for a should be stipulated that only recognized operators may quantity in excess of 1 500 tonnes. submit tenders in response to this invitation ;

Whereas the measures provided for in this Regulation are Article 4 in accordance with the opinion of the Management Committee for Oils and Fats, 1 . Tenders shall be submitted for an oil of 3° acidity.

2. Where the oil awarded has a different degree of HAS ADOPTED THIS REGULATION : acidity from that for which the tender was submitted, the price to be paid shall be equal to the price tendered, increased or reduced in accordance with the scale below : Article 1 — up to 3° acidity : The Spanish intervention agency 'Servicio Nacional de increase of Pta 49,35 for each tenth of u degree of Productos Agrarios', hereinafter referred to as 'Senpa', acidity below 3° , shall open an invitation to tender in accordance with the — above 3° up to 8° acidity : reduction of Pta 49,35 for each tenth of a degree of (') OJ No 172, 30. 9. 1966, p. 3025/66. acidity above 3° , (2) OJ No L 197, 26. 7. 1988 , p. 1 . (3) OJ No L 331 , 28 . 11 . 1978, p. 13. — above 8° : (4) OJ No L 60, 1 . 3. 1986, p. 8. (j OJ No L 348, 30. 12. 1977, p. 46. additional reduction of Pta 53,98 for each tenth of a (6) OJ No L 368, 31 . 12. 1985, p. 20. degree above 8° .

No L 46/ 12 Official Journal of the European Communities 18 . 2. 89

Article 5 Senpa shall supply the agencies responsible for storage with a list of the lots remaining unsold. Not later than one day after the expiry of the time limit laid down for the submission of tenders, Senpa shall send the Commission a list, without mentioning names, stating Article 8 the highest tender received for each lot put up for sale.

Article 6 The security referred to in Article 7 of Regulation (EEC) No 2960/77 shall be Pta 3 000 per 100 kilograms. The minimum selling price per 100 kilograms of oil shall be fixed, in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC, on the basis of Article 9 the tenders received, not later than the 10th working day after the expiry of each final date laid down for the The storage charge referred to in Article 1 5 of Regulation submission of tenders. The decision fixing the minimum (EEC) No 2960/77 shall be Pta 400 per 100 kilograms. selling price shall be notified forthwith to the Member State concerned.

Article10¶

The olive oil shall be sold by Senpa not later than the This Regulation shall enter into force on the day of its fifth working day after the date of notification of the deci­ publication in the Official Journal of the European sion referred to in Article 6 . Communities.

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

Done at Brussels, 17 February 1989.

For the Commission Ray MAG SHARRY Member of the Commission