31989R3006

No L 288 / 10 Official Journal of the European Communities 6. 10 . 89

COMMISSION REGULATION (EEC) No 3006/89 of 5 October 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 150 tonnes of virgin olive oil, Having regard to Regulation No 136/66/EEC of the — approximately 4 000 tonnes of originary virgin olive Council of 22 September 1966 on the establishment of a oil, common organization of the market in oils and fats ('), as — approximately 3 000 tonnes of lampante virgin olive last amended by Regulation (EEC) No 1225/89 (2), and in oil, particular Article 12 (4) thereof, — approximately 2 500 tonnes of olive-pomace oil.

Whereas Article 2 of Council Regulation (EEC) No Article 2 2754/78 (3), provides that olive oil held by the intervention agencies shall be put up for sale by tender ; The invitation to tender shall be published on 9 October 1989 . Whereas, pursuant to Article 12 ( 1 ) of Regulation No 136/66/EEC, the Italian intervention agency holds certain Particulars of the lots of oil offered for sale and of the quantities of olive oil ; places where they are stored shall be displayed at the central office of AIMA, via Palestro 81 , 1-00185 Rome, Whereas Commission Regulation (EEC) No 2960/77 (4), Italy. 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 Community market and for export of olive oil ; whereas delay to the Commission. 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 olive The tenders must reach AIMA at the central office, via oils where supply is low compared with demand and in Palestro 81 , Rome, Italy not later than 2 p.m. (local time) order to provide the greatest possible number of operators on 20 October 1989. with a minimum supply for their immediate needs, it should be stipulated that each operator may only submit Tenders shall be admissible only if submitted by a natural tenders for a maximum quantity ; whereas in order to or legal person who exercises an activity in the olive oil avoid any misuse of this provision and therefore prevent a sector and is entered in that status as at 31 December limited number of operators from monopolizing the 1988 in a public register of a Member State. quantities put up for sale, it should be stipulated that only recognized operators may submit tenders in response to Furthermore, no tenderer may submit a tender for a this invitation ; quantity in excess of 800 tonnes for ordinary and lampante virgin olive oil, and 500 tonnes for olive­ Whereas the measures provided for in this Regulation are pomace oil. 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 5° acidity.

With regard to olive-pomace oil, tenders shall be Article 1 submitted for an oil of 10° acidity.

2. Where the oil awarded has a different degree of The Italian intervention agency, 'Azienda di Stato per gli acidity from that for which the tender was submitted, the interventi' nel mercato agricolo', hereinafter referred to as price to be paid shall be equal to the price tendered, 'AIMA', shall open an invitation to tender in accordance increased or reduced in accordance with the scale below : / A. Lampante virgin olive oil : (') OJ No 172, 30. 9. 1966, p. 3025/66. (2) OJ No L 128, 11 . 5. 1989, p. 15. — up to 5° acidity : (3) OJ No L 331 , 28 . 11 . 1978, p. 13 . (4) OJ No L 348, 30. 12. 1977, p. 46. increase of Lit 538,2 for each tenth of a degree of o OJ No L 368, 31 . 12. 1985, p. 20 . acidity below 5° ,

6 . 10 . 89 Official Journal of the European Communities No L 288 / 11

— above 5° up to 8 acidity : No 136/66/EEC, on the basis of the tenders received, not reduction of Lit 538,2 for each tenth of a degree of later than the last working day of the month during which the tenders were submitted. The decision fixing the acidity above 5° , minimum selling price shall be notified forthwith to the — above 8° : Member State concerned. additional reduction of Lit 588,7 for each tenth of a degree above 8° ; Article 7 B. Olive-pomace oil : — below 10° down to 8° acidity : The olive oil shall be sold by AIMA not later than the an increase of Lit 350 for each tenth of a degree of seventh day of each month following that during which the tenders were submitted. acidity below 10° , — below 8° : an additional increase of Lit 300 for each tenth of Article 8 a degree below 8° , — above 10° : The security referred to in Article 7 of Regulation (EEC) a reduction of Lit 350 for each tenth of a degree No 2960/77 shall be Lit 30 000 per 100 kilograms. above 10° .

Article 9 Article 5 Not later than three days after the expiry of the time limit The storage charge referred to in Article 15 of Regulation laid down for the submission of tenders, AIMA shall send (EEC) No 2960/77 shall be Lit 4 000 per 100 kilograms. the Commission a list, without mentioning names, stating the highest tenders received for each lot put up for sale. Article 10 Article 6 This Regulation shall enter into force on the day of its The minimum selling price shall be fixed, in accordance publication in the Official Journal of the European with the procedure laid down in Article 38 of Regulation Communities.

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

Done at Brussels, 5 October 1989.

For the Commission Ray MAC SHARRY Member of the Commission