31991R3057

19 . 10 . 91 Official Journal of the European Communities No L 289/19

COMMISSION REGULATION (EEC) No 3057/91 of 18 October 1991

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 approximately 340 tonnes of lampante 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 ('), as Article 2 last amended by Regulation (EEC) No 1720/91 (2), and in particular Article 12 (4) thereof, The invitation to tender shall be published on 24 October Whereas Article 2 of Council Regulation (EEC) No 1991 . 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 No central office of INGA, Rua Camilo Castelo Branco, 45, 136/66/EEC, the Portuguese intervention agency holds 1000 Lisboa, Portugal. 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 the state of the market in olive oil is at present favourable Article 3 for the sale of the said oil ; The tenders must reach the INGA at the central office, Whereas in the present situation of the market in virgin Rua Camilo Castelo Branco, 45, 1000 Lisboa, Portugal not olive oils where supply is low compared with demand and later than 2 p.m. (local time) on 11 November 1991 . in order to provide the greatest possible number of opera­ tors 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 sector and is entered in that status as at 31 December avoid any misuse of this provision and therefore prevent a limited number of operators from monopolizing the 1990 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 85 tonnes.

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Article 4 Committee for Oils and Fats,

1 . Tenders shall be submitted for an oil of 3° 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 Portuguese intervention agency, 'Institute Nacional — up to 3° acidity : de Intervengao e Garantia Agricola', hereinafter referred to increase of Esc 66,78 for each tenth of a degree of acidity below 3° , (') OJ No 172, 30. 9. 1966, p. 3025/66. (2) OJ No L 162, 26. 6. 1991 , p. 27. — above 3° up to 5° acidity : (3) OJ No L 331 , 28. 11 . 1978, p. 13. (4) OJ No L 348, 30. 12. 1977, p. 46. reduction of Esc 66,78 for each tenth of a degree of 0 OJ No L 368, 31 . 12. 1985, p. 20. acidity above 3° ,

No L 289/20 Official Journal of the European Communities 19 . 10 . 91

— above 5 : Article 7 additional reduction of Esc 73,05 for each tenth of a The olive oil shall be sold by INGA not later than the degree above 5° . fifth working day after the date of notification of the deci­ sion referred to in Article 5. Article 5 INGA 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, INGA 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 Esc 3 340 per 100 kilograms.

Article 6 Article 9 The minimum selling price per 100 kilograms of oil shall The storage charge referred to in Article 15 of Regulation be fixed, in accordance with the procedure laid down in (EEC) No 2960/77 shall be Esc 430 per 1 00 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 third day selling price shall be notified forthwith to the Member following its publication in the Official Journal of the State concerned. European Communities.

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

Done at Brussels, 18 October 1991 .

For the Commission Ray MAC SHARRY Member of the Commission