31989R0407

18 . 2, 89 Official Journal of the European Communities No L 46/ 13

COMMISSION REGULATION (EEC) No 407/89 of 17 February 1989 opening an invitation to tender for the sale of olive oil held by the Portuguese intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, dance with the provisions of this Regulation and of Regu­ lation (EEC) No 2960/77 for the sale on the Community Having regard to the Treaty establishing the European market of the following quantities of olive oil : Economic Community, — 500 tonnes of virgin olive oil, Having regard to Regulation No 136/66/EEC of the — 500 tonnes of ordinary virgin olive oil, Council of 22 September 1966 on the establishment of a — 500 tonnes of lampant virgin olive oil. common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 2210/88 (2), and in Article 2 particular Article 12 (4) thereof, The invitation to tender shall be published on 23 Whereas Article 2 of Council Regulation (EEC) No February 1989. 2754/78 (3) provides that olive oil held by the intervention agencies shall be put up for sale by tender ; Particulars of the lots of oil offered for sale and of the places where they are stored shall be displayed at the Whereas, pursuant to Article 12 (1 ) of Regulation No central office of Iroma, Rua Padre Antonio Vieira n? 1 , 136/66/EEC, the Portuguese intervention agency holds Lisbon, Portugal. certain quantities of olive oil ; A copy of the invitation to tender shall be sent without Whereas Commission Regulation (EEC) No 2960/77 (4), delay to the Commission. as last amended by Regulation (EEC) No 3818/85 0, laid down the conditions for the sale by tender on the Article 3 Community market and for export of olive oil ; whereas the state of the market in olive oil is at present favourable The tenders must reach the Iroma, at the central office, for the sale of part of the said oil ; Rua Padre Antonio Vieira n? 1 , Lisbon, Portugal not later than 2 p.m. (local time) on 9 March 1989. Whereas in the present situation of the market in lampant virgin olive olis where supply is low compared Tenders shall be admissible only if submitted by a natural with demand and in order to provide the greatest possible or legal person who exercises an activity in the olive oil number of operators with a minimum supply for their sector and is registered as at 31 December 1988 in a immediate needs, it should be stipulated that each public register of a Member State. operator may only submit tenders for a maximum quan­ tity ; whereas in order to avoid any misuse of this provi­ Furthermore, no tenderer may submit a tender for a sion and therefore prevent a limited number of operators quantity in excess of 150 tonnes. from monopolizing the quantities put up for sale, it should be stipulated that only recognized operators may Article 4 submit tenders in response to this invitation ; 1 . With regard to lampant virgin olive oil, tenders shall Whereas the measures provided for in this Regulation are be submitted for an oil of 5° acidity. 1 in accordance with the opinion of the Management Committee for Oils and Fats, 2. Where the oil awarded has a different degree of 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 : HAS ADOPTED THIS REGULATION : lampant virgin olive oil : Article 1 — up to 5° acidity ; increase of Esc 60,16 for each tenth of a degree of The Portuguese intervention agency, 'Institute Regulador acidity below 5° , e Orientador de Mercados Agrícolas', hereinafter referred — above 5° up to 8° acidity : to as 'Iroma', shall open an invitation to tender in accor reduction of Esc 60,16 for each tenth of a degree of acidity above 5° , (1) OJ No 172, 30. 9. 1966, p. 3025/66. (2) OJ No L 197, 26. 7. 1988, p. 1 . — above 8° : (3) OJ No L 331 , 28 . 11 . 1978, p. 13. (4) OJ No L 348, 30. 12. 1977, p. 46. additional reduction of Esc 65,8 for each tenth of a 0 OJ No L 368, 31 . 12. 1985, p. 20. degree above 8° .

No L 46/14 Official Journal of the European Communities 18 . 2. 89

Article 5 Iroma shall supply the agencies responsible for storage with a list of the lots remaining unsold. Not later than three days after the expiry of the time limit laid down for the submission of tenders, Iroma 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 Esc 3 340 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 15 of Regulation submission of tenders. The decision fixing the minimum (EEC) No 2960/77 shall be Esc 430 per 100 kilograms. selling price shall be notified forthwith to the Member State concerned .

Article10¶

The olive oil shall be sold by Iroma 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 MAC SHARRY Member of the Commission