31989R2001

6 . 7 . 89 Official Journal of the European Communities No L 191 / 13

COMMISSION REGULATION (EEC) No 2001/89 of 5 July 1989 opening an invitation to tender for the sale of olive oil held by the Spanish intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, shall open an invitation to tender in accordance with the provisions of this Regulation and of Regulation (EEC) No Having regard to the Treaty establishing the European 2960/77 for the sale on the Community market of the Economic Community, following quantities of olive oil :

— 3 600 tonnes of ordinary virgin olive oil, Having regard to Regulation No 136/66/EEC of the Council of 22 September 1966 on the establishment of a — 16 400 tonnes of lampante virgin olive oil. common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 1 225/89 (2), and in By way of derogation from Article 5 (2) of Regulation particular Article 12 (4) thereof, (EEC) No 2960/77, Senpa shall, where the quantity of oil in a container exceeds 500 tonnes, be authorized to Whereas Article 2 of Council Regulation (EEC) No establish several lots with part only of that oil. 2754/78 ('), provides that olive oil held by the intervention agencies shall be put up for sale by tender ; Article 2 Whereas, pursuant to Article 1 (2) of Commission The invitation to tender shall be published on 6 July Regulation (EEC) No 629/86 (4), the Spanish intervention 1989 . agency holds in stock large quantities of olive oil ; Particulars of the lots of oil offered for sale and of the Whereas Commission Regulation (EEC) No 2960/77 0, places where they are stored shall be displayed at the as last amended by Regulation (EEC) No 3818/85 (6), laid central office of Senpa, calle Beneficencia 8, Madrid down the conditions for the sale by tender on the 28004, Spain . Community market and for export of olive oil ; whereas the state of the market in olive oil is at present favourable A copy of the invitation to tender shall be sent without for the sale of part of the said oil ; delay to the Commission.

Whereas in the present situation of the market in virgin olive oil where supply is low compared with demand and Article 3 in order to provide the greatest possible number of operators with a minimum supply for their immediate The tenders must reach Senpa, calle Beneficencia 8, needs, it should be stipulated that each operator may only Madrid 28004, Spain, not later than 2 p. m . (local time) pn submit tenders for a maximum quantity ; whereas in order 20 July 1989 . Tenders shall be admissible only if to avoid any misuse of this provision and therefore submitted by a natural or legal person who exercises an prevent a limited number of operators from monopolizing activity in the olive oil sector and is entered in that status the quantities put up for sale, it should be stipulated that as at 31 December 1988 in a public register of a Member only recognized operators may submit tenders in response State . to this invitation ; Furthermore, no tenderer may submit a tender for a Whereas the measures provided for in this Regulation are quantity in excess of 1 500 tonnes. in accordance with the opinion of the Management Committee for Oils and Fats, Article 4

1 . With regard to lampante virgin olive oil, tenders HAS ADOPTED THIS REGULATION : shall be submitted for an oil of 3° acidity.

2. Where the oil awarded has a different degree of acidity from that for which the tender was submitted, the Article 1 price to be paid shall be equal to the price tendered, increased or reduced in accordance with the scale below : The Spanish intervention agency 'Servicio Nacional de Productos Agrarios', hereinafter referred to as 'Senpa', — up to 3 acidity : increase of Pta 49,35 for each tenth of a degree of (') OJ No 172, 30. 9 . 1966, p . 3025/66. acidity below 3° , (2) OJ No L 128, 11 . 5. 1989, p. 15. (') OJ No L 331 , 28 . 11 . 1978, p. 13. — above 3° up to 8° acidity : 4 OJ No L 60, 1 . 3 . 1986, p. 8 . 0 OJ No L 348 , 30 . 12. 1977, p. 46 . reduction of Pta 49,35 for each tenth of a degree of 4 OJ No L 368, 31 . 12. 1985, p. 20. acidity above 3° ,

No L 191 / 14 Official Journal of the European Communities 6 . 7 . 89

— above 8 : Article 7 additional reduction of Pta 53,98 for each tenth of a The olive oil shall be sold by Senpa not later than the degree above 8° . fifth working day after the date of notification of the decision referred to in Article 6 . Article 5 Senpa 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* Senpa shall send Article 8 the Commission a list, without mentioning names, stating the highest tender received for each lot put up for sale. The security referred to in Article 7 of Regulation (EEC) No 2960/77 shall be Pta 3 000 per 100 kilograms.

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

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

Done at Brussels, 5 July 1989.

For the Commission Ray MAC SHARRY Member of the Commission