31989R2378

No L 225/26 Official Journal of the European Communities 3 . 8 . 89

COMMISSION REGULATION (EEC) No 2378/89 of 2 August 1989 opening an invitation to tender for the sale of olive oil held by the Portuguese intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, as 'INGA , shall open an invitation to tender in accord­ ance with the provisions of this Regulation and of Regula­ Having regard to the Treaty establishing the European tion (EEC) No 2960/77 for the sale on the Community Economic Community, market of the following quantity of olive oil : 300 tonnes of virgin olive oil. Having regard to Regulation No 136/66/EEC of the Council of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as Article 2 last amended by Regulation (EEC) No 1225/89 (2), and in particular Article 12 (4) thereof, The invitation to tender shall be published on 1 1 August 1989 . Whereas Article 2 of Council Regulation (EEC) No 2754/78 (3) provides that olive oil held by the intervention Particulars of the lots of oil offered for sale and of the agencies shall be put up for sale by tender ; places where they are stored shall be displayed at the central office of INGA, Rua Padre Ant6nio Vieira n? 1 , Whereas, pursuant to Article 12 (1 ) of Regulation No Lisbon, Portugal. 136/66/EEC, the Portuguese intervention agency holds 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 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 the INGA at the central office, Rua Padre Antonio Vieira n? 1 , Lisbon, Portugal not later Whereas in the present situation of the market in virgin than 2 p.m. (local time) on 24 August 1989. olive oils where supply is low compared with demand and in order to provide the greatest possible number of opera­ Tenders shall be admissible only if submitted by a natural tors with a minimum supply for their immediate needs, it or legal person who exercises an activity in the olive oil should be stipulated that each operator may only submit sector and is entered in that status as at 31 December tenders for a maximum quantity ; whereas in order to 1988 in a public register of a Member State. avoid any misuse of this provision and therefore prevent a limited number of operators from monopolizing the Furthermore, no tenderer may submit a tender for a quantities put up for sale, it should be stipulated that only quantity in excess of 85 tonnes. recognized operators may 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, Not later than three days after the expiry of the time limit laid down for the submission of tenders, INGA shall send the Commission a list, without mentioning names, stating the highest tender received for each lot put up for sale. HAS ADOPTED THIS REGULATION :

Article 5 Article 1 The minimum selling price per 100 kilograms of Oil shall The Portuguese intervention agency, 'Instituto Nacional be fixed, in accordance with the procedure laid down in de Intervengao e Garantia Agricola', hereinafter referred to Article 38 of Regulation No 136/66/EEC, on the basis of the tenders received, not later than the 10th working day O'OJ No 172, 30. 9. 1966, p. 3025/66. after the expiry of each final date laid down for the 0 OJ No L 128 , 11 . 5. 1989, p. 15. submission of tenders. The decision fixing the minimum (3) OJ No L 331 , 28. 11 . 1978 , p. 13 . (<) OJ No L 348 , 30. 12. 1977, p. 46. selling price shall be notified forthwith to the Member f5) OJ No L 368, 31 . 12. 1985, p. 20 . State concerned .

3. 8 . 89 Official Journal of the European Communities No L 225/27

Article6¶

The olive oil shall be sold by INGA not later than the The storage charge referred to in Article 1 5 of Regulation fifth working day after the date of notification of the deci­ sion referred to in Article 5. (EEC) No 2960/77 shall be Esc 430 per 100 kilograms.

INGA shall supply the agencies responsible for storage with a list of the lots remaining unsold. Article 9

Article 7 This Regulation shall enter into force on the day of its The security referred to in Article 7 of Regulation (EEC) publication in the Official Journal of the European No 2960/77 shall be Esc 3 340 per 100 kilograms. Communities.

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

Done at Brussels, 2 August 1989.

For the Commission Ray MAC SHARRY Member of the Commission