31994R0215

1 . 2. 94 Official Journal of the European Communities No L 27/49

COMMISSION REGULATION ( EC) No 215/94 of 31 January 1994 opening an invitation to tender for the sale of olive oil held by the Spanish intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, sions of this Regulation and of Regulation (EEC) No 2960/77 for the sale on the Community market of the Having regard to the Treaty establishing the European following quantities of olive oil : Economic Community, — approximately 1 500 tonnes of virgin olive oil, Having regard to Council Regulation No 136/66/EEC of — approximately 5 150 tonnes of ordinary virgin olive 22 September 1966 on the establishment of a common oil, organization of the market in oils and fats ('), as last — approximately 400 tonnes of lampante virgin olive oil. amended by Regulation (EC) No 3179/93 (2), and in parti­ cular Article 12 (4) thereof, By way of derogation from Article 5 (2) of Regulation (EEC) No 2960/77, Senpa shall, where the quantity of oil Whereas Article 2 of Council Regulation (EEC) in a container exceeds 500 tonnes, be authorized to esta­ No 2754/78 (3), as amended by Regulation (EEC) blish several lots with part only of that oil. No 2203/90 (4), provides that olive oil held by the inter­ vention agencies shall be put up for sale by tender ;

Article 2 Whereas, pursuant to Article 12 ( 1 ) of Regulation (EEC) No 136/66/EEC, the Spanish intervention agency holds certain quantities of olive oil ; The notice of invitation to tender shall be published on 4 February 1994. Whereas Commission Regulation (EEC) No 2960/77 (5), as last amended by Regulation (EEC) No 3818/85 (6), laid Particulars of the lots of oil offered for sale and of the down the conditions for the sale by tender on the places where they are stored shall be displayed at the Community market and for export of olive oil ; whereas central office of Senpa, calle Beneficencia 8, Madrid the state of the market in olive oil is at present favourable 28004, Spain . for the sale of part of the said oil ;

A copy of the notice of invitation to tender shall be sent Whereas in the present situation of the market in virgin without delay to the Commission. olive oil where supply is low compared with demand and 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 Article 3 tenders for a maximum quantity ; The tenders must reach Senpa, calle Beneficencia 8, Whereas the Management Committee for Oils and Fats Madrid 28004, Spain, not later than 2 p.m. (local time) on has not delivered an opinion within the time limit set by 15 February 1994. Tenders shall be admissible only if its chairman, submitted by a natural or legal person who exercises an activity in the olive oil sector and is entered in that status as at 31 December 1993 in a public register of a Member State. HAS ADOPTED THIS REGULATION : Furthermore, no tenderer may submit a tender for a quantity in excess of 500 tonnes.

Article1¶

Article 4 The Spanish intervention agency, 'Servicio Nacional de Productos Agrarios', hereinafter referred to as 'Senpa' shall open an invitation to tender in accordance with the provi­ 1 . With regard to lampante virgin olive oil, tenders shall be submitted for an oil of 3° acidity. (') OJ No 172, 30. 9. 1966, p. 3025/66. 0 OJ No L 285, 20. 11 . 1993, p. 9. 2. Where the oil awarded has a different degree of (3) OJ No L 331 , 28. 11 . 1978, p. 13. acidity from that for which the tender was submitted, the 0 OJ No L 201 , 31 . 7. 1990, p. 5. 0 OJ No L 348, 30. 12. 1977, p. 46. price to be paid shall be equal to the price tendered, 0 OJ No L 368, 31 . 12. 1985, p. 20. increased or reduced in accordance with the scale below :

No L 27/50 Official Journal of the European Communities 1 . 2. 94

— up to 3 acidity : submission of tenders. The decision fixing the minimum selling price shall be notified forthwith to the Member increase of ECU 0,32 for each tenth of a degree of State concerned. acidity below 3° — above 3° up to 5° acidity : Article 7 reduction of ECU 0,32 for each tenth of a degree of The olive oil shall be sold by Senpa not later than the acidity above 3° fifth working day after the date of notification of the deci­ — above 5° acidity : sion referred to in Article 6 . additional reduction of ECU 0,35 for each tenth of a Senpa shall supply the agencies responsible for storage degree of acidity above 5° . with a list of the lots remaining unsold.

Article5¶

Not later than three days after the expiry of the time limit The security referred to in Article 7 of Regulation (EEC) laid down for the submission of tenders, Senpa shall send No 2960/77 shall be ECU 18 per 100 kilograms. the Commission a list, without mentioning names, stating Article 9 the highest tender received for each lot put up for sale. The storage charge referred to in Article 1 5 of Regulation Article 6 (EEC) No 2960/77 shall be ECU 3 per 100 kilograms.

The minimum selling price per 100 kilograms of oil shall Article 10 be fixed, in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC, on the basis of This Regulation shall enter into force on the third day the tenders received, not later than the 10th working day following its publication in the Official Journal of the after the expiry of each final date laid down for the European Communities.

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

Done at Brussels, 31 January 1994.

For the Commission Rene STEICHEN Member of the Commission