31989R3023

7. 10 . 89 Official Journal of the European Communities No L 289 /37

COMMISSION REGULATION (EEC) No 3023/89 of 6 October 1989 opening an invitation to tender (or the sale of olive oil held by the Spanish intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats, Having regard to the Treaty establishing the European Economic Community, HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 136/66/EEC of 22 September 1966 on the establishment Article 1 of a common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No The Spanish intervention agency 'Servicio Nacional de 1 225/89 (2), and in particular Article 12 (4) thereof, Productos Agrarios', hereinafter referred to as 'Senpa', shall open an invitation to tender in accordance with the provisions of this Regulation and of Regulation (EEC) No Whereas Article 2 of Council Regulation (EEC) No 2960/77 for the sale on the Community market of the 2754/78 (3) provides that olive oil held by the intervention following quantities of olive oil : agencies shall be put up for sale by tender ; — 4 000 tonnes of extra virgin olive oil, — 4 000 tonnes of virgin olive oil, Whereas, pursuant to Article 1 (2) of Commission — 12 000 tonnes of lampante virgin olive oil. Regulation (EEC) No 629/86 (4), the Spanish intervention agency holds in stock large quantities of olive oil ; 60 % of each of the quantities referred to ia the first subparagraph shall be reserved for packaging plants and refineries . Whereas Commission Regulation (EEC) No 2960/77 (*), as last amended by Regulation (EEC) No 3818/85 (6), laid By way of derogation from Article 5 (2) of Regulation down the conditions for the sale by tender on the (EEC) No 2960/77, Senpa shall, where the quantity of oil Community market and for export of olive oil ; whereas in a container exceeds 500 tonnes, be authorized to the state of the market in olive oil is at present favourable establish several lots with part only of that oil. for the sale of part of the said oil ; Article 2 Whereas in the present situation of the market in virgin The invitation to tender shall be published on 9 October olive oil where supply is low compared with demand and 1989 . in order to provide the greatest possible number of operators with a minimum supply for their immediate Particulars of the lots of oil offered for sale and of the needs, it should be stipulated that each operator may only places where they are stored shall be displayed at the submit tenders for a maximum quantity ; whereas in order central office of Senpa, calle Beneficencia 8, Madrid to avoid any misure of this provision and therefore 28004, Spain. prevent a limited number of operators from monopolizing the quantities put up for sale, it should be stipulated that A copy of the invitation to tender shall be sent without only recognized operators may submit tenders in response delay to the Commission. to this invitation ; whereas, for the same purpose and given the particular situation on the Spanish market, Article 3 certain of the quantities put up for sale should be reserved for packaging plants and refineries ; 1 . The tenders must reach Senpa, calle Beneficencia 8, Madrid 28004, Spain, not later than 2 p.ijn. (local time) on 20 October 1989. Tenders shall be admissible only if Whereas special time limits should be laid down for submitted by a natural or legal person who exercises an withdrawal of the olive oil to expedite its placing on the activity in the olive oil sector and is entered in that status market ; as at 31 December 1988 in a public register of a Member State. (') OJ No 172, 30. 9. 1966, p. 3025/66. (2) OJ No L 128, 11 . 5. 1989, p. 15. Furthermore, no tenderer may submit a tender for a (3) OJ No L 331 , 28. 11 . 1978, p. 13. quantity in excess of 1 000 tonnes for lampante virgin 0 OJ No L 60, 1 . 3 . 1986, p. 8 . 0 OJ No L 348, 30. 12. 1977, p. 46. olive oil, and 300 tonnes for virgin and extra virgin olive (6) OJ No L 368, 31 . 12. 1985, p. 20. oil .

No L 289/ 38 Official Journal of the European Communities 7 . 10 . 89

2. However, notwithstanding paragraph 1 as regards the the Commission a list, without mentioning names, stating quantities referred to in the second subparagraph of the highest tender received for each lot put up for sale. Article 1 , tenders shall be admissible only if submitted : Article 6 — as regards Spain and Portugal, by a packaging plant registered as such at 31 December 1988 in a public The minimum selling price per 100 kilograms of oil shall register held by the Member State concerned, be fixed, in accordance with the procedure laid down in — as regards the other Member States, by an approved Article 38 of Regulation No 136/66/EEC, on the basis of packaging plant within the meaning of Commission the tenders received, not later than the 10th working day Regulation (EEC) No 2677/85 ('), as last amended by after the expiry of each final date laid down for the (EEC) No 2677/85 ('), as last amended by Regulation submission of tenders. The decision fixing the minimum (EEC) No 3629/88 (2), selling price shall be notified forthwith to the Member State concerned . — by a refinery registered as such at 31 December 1988 in a public register held by a Member State. Article 7

Article 4 The olive oil shall be sold by Senpa not later than the fifth working day after the date of notification of the 1 . With regard to lampante virgin olive oil, tenders decision referred to in Article 6 . shall be submitted for an oil of 3° acidity. Senpa shall supply the agencies responsible for storage 2. Where the oil awarded has a different degree of with a list of the lots remaining unsold. acidity from that for which the tender was submitted, the price to paid shall be equal to the price tendered, Article 8 increased or reduced in accordance with the scale below : The product shall be withdrawn within 30 working days — up to 3° acidity : of the date of sale. increase of Pta 48,93 for each tenth of a degree of The security referred to in Article 7 of Regulation (EEC) acidity below 3° , No 2960/77 shall be Pta 3 000 per 100 kilograms. — above 3° up to 8° acidity, reduction of Pta 48,93 for each tenth of a degree of Article 9 acidity above 3° , The storage charge referred to in Article 1 5 of Regulation — above 8° acidity, (EEC) No 2960/77 shall be Pta 400 per 100 kilograms. additional reduction of Pta 53,51 for each tenth of a degree above 8° . Article 10 Article 5 , This Regulation shall enter into force on the day of its Not later than three days after the expiry of the time limit publication in the Official Journal of the European laid down for the submission of tenders, Senpa shall send Communities.

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

Done at Brussels, 6 October 1989 .

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 254, 25 . 9. 1985, p. 5. O OJ No L 316, 23 . 11 . 1988 , p. 42.