31991R3787

24. 12. 91 Official Journal of the European Communities No L 356/65

COMMISSION REGULATION (EEC) No 3787/91 of 20 December 1991 opening an invitation to tender for the sale of olive oil held by the Spanish intervention agency for export to the Canary Islands

THE COMMISSION OF THE EUROPEAN COMMUNITIES, system of export refunds on agricultural products Q, as last amended by Regulation (EEC) No 1615/90 (8), specify the evidence required to prove importation into a third Having regard to the Treaty establishing the European country ; Economic Community, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Having regard to Council Regulation No 136/66/EEC of Committee for Oils and Fats, 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 1720/91 (2), and in particular Article 12 (4) thereof, HAS ADOPTED THIS REGULATION :

Whereas Article 2 ( 1 ) of Council Regulation (EEC) No Article 1 2754/78 (3), as amended by Regulation (EEC) No 2203/90 (4), provides that sales of olive oil held by inter­ 1 . The Spanish intervention agency Servicio Nacional vention agencies are to be organized by invitation to de Productos Agrarios, hereinafter referred to as 'Senpa', tender ; shall open an invitation to tender in accordance with the provisions of this Regulation and of Regulation (EEC) No 2960/77 for the sale for export of approximately 2 650 Whereas, pursuant to Article 12 (1 ) of Regulation No tonnes of lampante virgin olive oil. 136/66/EEC, the Spanish intervention agency has bought in large quantities of olive oil ; 2. The olive oil awarded must be exported to the Canary Islands, in the form of products put up in containers with a net content of not more than five litres Whereas Commission Regulation (EEC) No 2960/77 (*), and of the quality defined in point 3 of the Annex to as last amended by Regulation (EEC) No 3818/85 (6), lays Regulation No 136/66/EEC. down the conditions for sale by invitation to tender ;

Article 2 Whereas, in order to ensure the supply of olive oil to the Canary Islands, some of the oil from Community inter­ vention stocks should be made available for export to that The invitation to tender shall be made public on 7 destination ; January 1992.

Particulars of the lots of oil offered for sale and the places Whereas the minimum selling price is so fixed that the where they are stored shall be displayed at the head office Community operators enjoy equal conditions of competi­ of Senpa, Calle Beneficencia 8, E-Madrid 28004. tion with operators in third countries ; whereas, accordingly, oil sold pursuant to this Regulation must not Notwithstanding Article 5 (2) of Regulation (EEC) No qualify for export refunds as provided for in Article 20 of 2960/77, Senpa shall be authorized, where th^ quantity of Regulation No 136/66/EEC or for consumption aid as oil in a container exceeds 300 tonnes, to make up several provided for in Article 1 1 of that Regulation or be subject lots with part only of such oil. to the arrangements on monetary compensatory amounts or on accession compensatory amounts ; A copy of the invitation to tender referred to above shall be forwarded without delay to the Commission.

Whereas Articles 16, 17 and 18 of Commission Regula­ tion (EEC) No 3665/87 of 27 November 1987 laying Article 3 down common detailed rules for the application of the Tenders must reach Senpa, Calle Beneficia 8, E-Madrid (') OJ No 172, 30. 9. 1966, p. 3025/66. 28004, not later than 2 p.m. (local time) on 24 January f) OJ No L 162, 26. 6. 1991 , p. 27 . 1992 . f) OJ No L 331 , 28 . 11 . 1978, p. 13. 0 OJ No L 201 , 31 . 7. 1990, p. 5 . (*) OJ No L 340, 30 . 12. 1977, p. 46. 0 OJ No L 351 , 14. 12. 1987, p. 1 . (6) OJ No L 368 , 31 . 12. 1985, p. 20. (■) OJ No L 152, 16. 6. 1990, p . 33 .

No L 356/66 24. 12. 91 Official Journal of the European Communities

Article 7 Tenders shall be admissible only if submitted by a natural or legal person who exercises an activity in the olive oil The olive oil shall be sold by Senpa not later than the sector and is entered in that capacity as at 31 December seventh day of the month following that in which the 1991 in a public register of a Member State. tenders were submitted. No tenderer may submit a tender for a quantity in excess of 400 tonnes. Article 8

The security referred to in Article 7 of Regulation (EEC) Article 4 No 2960/77 shall be Pta 3 000 per 100 kilograms. 1 . Tenders shall be submitted for oil of 3° acidity. The security referred to in Article 12 (3) of Regulation 2. Where the oil awarded has a different degree of (EEC) No 2960/77 shall be Pta 18 000 per 100 kilograms of olive oil . acidity from that for which the tender was submitted, the price to be paid shall be equal to the price tendered, For the purpose of applying Article 1 (2), the security increased or reduced in accordance with the scale below : referred to in the second paragraph of this Article shall — up to 3° acidity : not be released until proof is provided that a quantity of increase of Pta 47,94 for each tenth of a degree of product equal to 110 % of that obtained by refining the oil awarded has been imported into, and released for acidity below 3° , cdnsumption in, the Canary Islands before 31 May 1992, — more than 3° to up to 5° acidity, except in cases where it is destroyed during transport as a reduction of Pta 47,94 for each tenth of a degree of result of force majeure, without the identification number acidity above 3° , referred to in Article 2 (2) of Council Regulation (EEC) No 3089/78 ('). Such proof shall be provided no later than — more than 5° acidity, three months following the date of import. additional reduction of Pta 52,43 for each tenth of a degree above 5° . Article 9

Article 5 Products dispatched pursuant to this Regulation shall not qualify for export refunds or consumption aid and shall Not later than three days after the expiry of the time limit not be subject to the arrangements or monetary or acces­ laid down for the submission of tenders, Senpa shall send sion compensatory amounts. the Commission a list, without mentioning names, stating the highest tender received for each lot put up for sale. Article 10

Article 6 The storage charge provided for in Article 15 of Regula­ tion (EEC) No 2960/77 shall be Pta 400 per 100 kilo­ The minimum selling price shall be fixed, in accordance grams . with the procedure laid down in Article 38 of Regulation No 136/66/EEC, on the basis of the tenders received, not Article 11 later than the last working day of the month during which the tenders were submitted. The decision fixing the This Regulation shall enter into force on the third day minimum selling price shall be notified forthwith to the following its publication in the Official Journal of the Member State concerned. European Communities.

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

Done at Brussels, 20 December 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 369, 29 . 12. 1978, p. 12.