31994R2530

20 . 10 . 94 Official Journal of the European Communities No L 269 / 15

COMMISSION REGULATION (EC) No 2530/94 of 19 October 1994 opening an invitation to tender for the sale of olive oil held by the Greek intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the Management Committee for Oils and Fats did not deliver an opinion within the time limit set by its chairman, Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation No 136/66/EEC of HAS ADOPTED THIS REGULATION : 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as last amended by Regulation (EC) No 3179/93 (2), and in parti­ Article 1 cular Article 12 (4) thereof, 1 . The Greek intervention agency, 'Diefthinsi Diachiri­ Whereas Article 2 of Council Regulation (EEC) No seos Agoron Georgikon Proionton', hereinafter referred to 2754/78 (3), as amended by Regulation (EEC) No as 'Didagep', shall open an invitation to tender in accor­ 2203/90 (4), provides that olive oil held by the interven­ dance with the provisions of this Regulation and of Regu­ tion agencies shall be put up for sale by tender ; lation (EEC) No 2960/77 for the sale on the Community market of approximately 6 000 tonnes of virgin olive oil, the quality of which is detailed in the notice of invitation Whereas, pursuant to Article 12 ( 1 ) of Regulation No to tender in accordance with Article 5 of Regulation 136/66/EEC, the Greek intervention agency holds certain (EEC) No 2960/77. quantities of olive oil ; 2. Didagep shall forward to the Commission before 25 October 1994 the list of the lots it intends to put up for Whereas Commission Regulation (EEC) No 2960/77 (3), as last amended by Regulation (EEC) No 3818/85 (6), laid sale and their storage locations. At the request of the down the conditions for the sale by tender on the Commission during the following three days Didagep Community market and for export of olive oil ; whereas shall replace certain lots as required by the Commission. the state of the market in olive oil is at present favourable for the sale of part of the said oil ; Article 2

Whereas in the present situation of the market in virgin The notice of invitation to tender shall be published on 3 olive oil where supply is low compared with demand and November 1994 . in order to provide the greatest possible number of opera­ tors with minimum supplies for their immediate needs, it Particulars of the lots of oil offered for sale and of the should be stipulated that an operator may only submit places where they are stored shall be displayed at the tenders up to a given quantity ; central office of Didagep, Acharnon No 241 , GR-11253 Athens . Whereas special rules must be laid down to ensure that the operations are properly carried out and monitored ; A copy of the notice of invitation to tender shall be sent without delay to the Commission .

Whereas to that end the Member States must provide for all additional measures compatible with the provisions in Article 3 force to ensure that the operation takes place smoothly and that the Commission is kept informed ; The tenders must reach Didagep at the central office, Acharnon No 241 , GR-11253 Athens not later than 2 Whereas the monitoring arrangements should accordingly p.m. (local time) on 22 November 1994. be supplemented by the possibility of a sample being taken in the presence of both parties ; Tenders shall be admissible only if 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 (') OJ No 172, 30 . 9. 1966, p. 3025/66. 0 OJ No L 285, 20. 11 . 1993, p. 9 . 1993 in a public register of a Member State. O OJ No L 331 , 28 . 11 . 1978, p. 13 . (4) OJ No L 201 , 31 . 7. 1990, p. 5. 0 OJ No L 348 , 30. 12. 1977, p. 46. No tenderer may submit a tender for a quantity in excess (*) OJ No L 368, 31 . 12. 1985, p. 20 . of 500 tonnes.

No L 269/ 16 Official Journal of the European Communities 20 . 10 . 94

Article4¶

1 . With regards to lampante virgin olive oil, tenders Without prejudice to Article 11 ( 1 ) and (2) of Regulation shall be submitted for oil of 3° acidity. (EEC) No 2960/77, before the lot awarded is removed, the intervention agency, the successful tenderer and the 2. Where the oil awarded has a different degree of storage agency shall take a reference sample and analyse acidity from that for which the tender was submitted, the that sample using the methods referred to in Article 2 (4) price to be paid shall be equal to the price tendered, (a) and (b) of Commission Regulation (EEC) No increased or reduced in accordance with the scale below : 3472/85 0).

(a) Where the final results of the analysis of the sample — up to 3° acidity : indicate a difference between the quality of the olive increase of ECU 0,32 for each tenth of a degree of oil to be removed and the quality as described in the acidity below 3° , notice of invitation to tender, but that the oil is olive oil as referred to in point 1 of the Annex to Regula­ — above 3° acidity : tion 136/66/EEC, the following provisions shall apply : reduction of ECU 0,32 for each tenth of a degree of (i) the intervention agency shall, that same day, acidity above 3° . inform the Commission thereof in accordance with Annex I as well as the storer and the successful tenderer ; Article 5 (ii) the successful tenderer may : Nor later than three days after the expiry of the time limit — either agree to take over the lot with its quality laid down for the submission of tenders, Didagep shall as established, send the Commission a list, without mentioning names, — or refuse to take over the lot in question stating the highest tender received for each lot put up for notwithstanding the declaration made in accor­ sale . dance with Article 7 (6) (b) of Regulation (EEC) No 2960/77. In that case, the successful tenderer shall, that same day, inform the inter­ Article 6 vention agency and the Commission thereof in accordance with Annex II. The minimum selling price per 100 kilograms of oil shall Once these formalities have been completed, be fixed, in accordance with the procedure laid down in he shall immediately be released from all his Article 38 of Regulation No 136/66/EEC, on the basis of obligations relating to the lot in question, the tenders received, not later than the 10th working day including the securities. after the expiry of each final date laid down for the submission of tenders. The decision fixing the minimum (b) Where the final results of the analysis of the sample selling price shall be notified forthwith to the Member indicate that the oil is other than olive oil as referred State concerned . to in point 1 of the Annex to Regulation 136/ 66/EEC :

Article 7 — the intervention agency shall, that same day, inform the Commission thereof in accordance with Annex I, as well as the storer and the successful The olive oil shall be sold by Didagep not later than the tenderer, fifth working day after the date of notification of the deci­ sion referred to in Article 6. — the successful tenderer shall give official notice, that same day, to the intervention agency of the Didagep shall supply the agencies responsible for storage impossibility of taking over the lot in question and with a list of the lots remaining unsold. shall inform the Commission thereof, that same day, in accordance with Annexes I and II. Once these formalities have been completed, he shall Article 8 immediately be released from all his obligations relating to the lot in question, including the securi­ The oil shall not be withdrawn before 1 December 1 994. ties .

The security referred to in Article 7 of Regulation (EEC) Article 11 No 2960/77 shall be ECU 18 per 100 kilograms.

This Regulation shall enter into force on the third day Article 9 following its publication in the Official Journal of the European Communities. The storage charge referred to in Article 15 of Regulation (EEC) No 2960/77 shall be ECU 3 per 100 kilograms. (') OJ No L 333, 11 . 12. 1985, p. 5.

20 . 10 . 94 Official Journal of the European Communities No L 269/ 17

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

Done at Brussels, 19 October 1994.

For the Commission Rene STEICHEN Member of the Commission

ANNEX I

The only numbers to be used in Brussels are (DG VI-C-4, for the attention of Messrs Albani/Petchame) : — telex : 22037 AGREC B 22070 AGREC B (Greek characters) — fax : 296 60 09 .

ANNEX II

Communication of refusal of lots under the invitation to tender for the sale of 6 000 tonnes of olive oil held by the Greek intervention agency

— Name of successful tenderer : — Date of award of contract : — Date of refusal of lot by successful tenderer :

Lot Quantity Address Reason for refusal No in tonnes of warehouse to take over