31989R2002

6 . 7 . 89 Official Journal of the European Communities No L 191 / 15

COMMISSION REGULATION (EEC) No 2002/89 of 5 July 1989 opening an invitation to tender for 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 12 000 tonnes of lampante virgin olive oil, Having regard to Council Regulation (EEC) No 136/66/EEC of the Council of 22 September 1966 on the — approximately 2 000 tonnes of olive-pomace oil. establishment of a common -organization of the market in oils and fats ('), as last amended by Regulation (EEC) No Article 2 1 225/89 (2), and in particular Article 12 (4) thereof, The invitation to tender shall be published on = 6 July Whereas Article 2 of Council Regulation (EEC) No 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 (EEC) central office of AIMA, via Palestro 81 , 1-00185 Rome, No 136/66/EEC, the Italian intervention agency holds Italy. 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 (*), 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 AIMA at the central office, via for the sale of part of the said oil ; Palestro 81 , Rome, Italy not later than 2 p.m. (local time) on 20 July 1989. Whereas in the present situation of the market in olive oils where supply is low compared with demand and in Tenders shall be admissible only if submitted by a natural order to provide the greatest possible number of operators or legal person who exercises an activity in the olive oil with a minimum supply for their immediate needs, it sector and is entered in that status as at 31 December should be stipulated that each operator may only submit 1988 in a public register of a Member State. tenders for a maximum quantity ; whereas in order to avoid any misuse of this provision and therefore prevent a Furthermore, no tenderer may submit a tender for a limited number of operators from monopolizing the quantity in excess of 1 500 tonnes, for lampante virgin quantities put up for sale, it should be stipulated that only olive oil, and 500 tonnes for olive-pomace oil. recognized operators may submit tenders in response to this invitation ; Article 4 Whereas the measures provided for in this Regulation are 1 . With regard to lampante virgin olive oil, tenders in accordance with the opinion of the Management shall be submitted for an oil of 5° acidity. Committee for Oils and Fats, With regard to olive-pomace oil, tenders shall be submitted for an oil of 10° acidity. HAS ADOPTED THIS REGULATION : 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, Article 1 increased or reduced in accordance with the scale below : The Italian intervention agency, 'Azienda di Stato per gli A. Lampante virgin olive oil : interventi' nel mercato agricolo', hereinafter referred to as — up to 5° acidity : 'AIMA', shall open an invitation to tender in accordance incresase of Lit 528,6 for each tenth of a degree of acidity below 5° , (') OJ No 172, 30. 9 . 1966, p. 3025/66. (2) OJ No L 128, 11 . 5. 1989, p. 15. — above 5° up to 8° acidity : 0 OJ No L 331 , 28 . 11 . 1978, p. 13 . (<) OJ No L 348, 30. 12. 1977, p. 46. reduction of Lit 528,6 for each tenth of a degree of 0 OJ No L 368, 31 . 12. 1985, p. 20. acidity above 5° ,

No L 191 / 16 Official Journal of the European Communities 6 . 7 . 89

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

Article 5 Article 9 Not later than three days after the expiry of the time limit laid down for the submission of tenders, AIMA shall send The storage charge referred to in Article 15 of Regulation the Commission a list, without mentioning names, stating (EEC) No 2960/77 shall be Lit 4 000 per 100 kilograms. the highest tenders received for each lot put up for sale.

Article 10 Article 6 The minimum selling price shall be fixed, in accordance This Regulation shall enter into force on the day of its with the procedure laid down in Article 38 of Regulation publication in the Official Journal of the European Communities. (EEC) No 136/66/EEC, on the basis of the tenders

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