31994R2531

No L 269/ 18 Official Journal of the European Communities 20 . 10 . 94

COMMISSION REGULATION (EC) No 2531/94 of 19 October 1994 on the opening of an invitation to tender for the sale of olive oil held by the Spanish 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,

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as last Article 1 amended by Regulation (EC) No 3179/93 (2), and in parti­ cular Article 12 (4) thereof, 1 . The Spanish intervention agency, 'Servicio Nacional de Productos Agrarios', hereinafter referred to as 'Senpa' shall open an invitation to tender in accordance with the Whereas Article 2 of Council Regulation (EEC) No provisions of this Regulation and of Regulation (EEC) No 2754/78 (3), as amended by Regulation (EEC) No 2960/77 for the sale on the Community market of 2203/90 (4), provides that olive oil held by the interven­ approximately 30 000 tonnes of virgin olive oil, the tion agencies is to be put up for sale by tender ; quality of which is detailed in the notice of invitation to tender in accordance with Article 5 of Regulation (EEC) No 2960/77 . Whereas, pursuant to Article 12 (1 ) of Regulation No 136/66/EEC, the Spanish intervention agency holds Notwithstanding Article 5 (2) of Regulation (EEC) No certain quantities of olive oil ; 2960/77, Senpa shall, where the quantity of oil in a container exceeds 500 tonnes, be authorized to establish Whereas Commission Regulation (EEC) No 2960/77 (% several lots with part only of that oil. as last amended by Regulation (EEC) No 3818/85 (6), lays 2. Senpa shall forward to the Commission before 25 down the conditions for the sale by tender on the October 1994 the list of the lots it intends to put up for Community market and for export of olive oil ; whereas sale and their storage locations. the situation on the market in olive oil is at present favourable for the sale of part of the said oil ; At the request of the Commission during the following three days Senpa shall replace certain lots as required by the Commission. Whereas in the present situation of the market in virgin olive oil where supply is low compared with demand and in order to provide the greatest possible number of opera­ Article 2 tors with minimum supplies of their immediate needs, it should be stipulated that an operator may only submit The notice of invitation to tender shall be published on 3 tenders up to a given quantity ; November 1994 .

Particulars of the lots of oil offered for sale and of the Whereas special rules must be laid down to ensure that places where they are stored shall be displayed at the the operations are properly carried out and monitored ; central office of Senpa, calle Beneficencia 8, E-28004 Madrid, Spain. Whereas to that end the Member States must provide for A copy of the notice of invitation to tender shall be sent all additional measures compatible with the provisions in without delay to the Commission. force to ensure that the operation takes place smoothly and that the Commission is kept informed ; Article 3 Whereas the monitoring arrangements should accordingly The tenders must reach Senpa, calle Beneficencia 8, be supplemented by the possibility of a sample being E-28004 Madrid, Spain, not later than 2 p.m. (local time) taken in the presence of both parties ; on 22 November 1994. Tenders shall be admissible only if they are submitted by a natural or legal person engaged (■) OJ No 172, 30. 9. 1966, p. 3025/66. in activity in olive oil and entered in that status as at 31 (2) OJ No L 285, 20 . 11 . 1993, p. 9 . December 1993 in a public register of a Member State. (3) OJ No L 331 , 28 . 11 . 1978 , p. 13 . (4) OJ No L 201 , 31 . 7. 1990, p. 5. (4 OJ No L 348, 30. 12. 1977, p. 46. No tenderer may submit a tender for a quantity in excess O OJ No L 368 , 31 . 12. 1985, p. 20 . of 3 000 tonnes .

20 . 10 . 94 Official Journal of the European Communities No L 269/ 19

Article 4 intervention agency, the successful tenderer and the storage agency shall take a reference sample and analyse 1 . With regard to lampante virgin olive oil, tenders that sample using the methods referred to in Article 2 (4) shall be submitted for oil of 3° acidity. (a) and (b) of Commission Regulation (EEC) No 3472/85 0). 2. Where the oil awarded has a different degree of acidity from that for which the tender was submitted, the (a) Where the final results of the analysis of the sample price to be paid shall be equal to the price tendered, indicate a difference between the quality of the olive increased or reduced in accordance with the scale below : oil to be removed and the quality as described in the notice of invitation to tender, but that the oil is olive — up to 3° acidity : oil as referred to in point 1 of the Annex to Regula­ increase of ECU 0,32 for each tenth of a degree of tion 136/66/EEC, the following provisions shall acidity below 3° , apply : — above 3° acidity, (i) the intervention agency shall, that same day, reduction of ECU 0,32 for each tenth of a degree of inform the Commission thereof in accordance acidity above 3° . with Annex I as well as the storer and the successful tenderer ; Article 5 (ii) the successful tenderer may : Not later than three days after the expiry of the time limit laid down for the submission of tenders, Senpa shall send — either agree to take over the lot with its quality the Commission a list, without mentioning names, stating as established, the highest tender received for each lot put up for sale. — or refuse to take over the lot in question notwithstanding the declaration made in accor­ Article 6 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 The minimum selling price per 100 kilograms of oil shall be fixed, in accordance with the procedure laid down in vention agency and the Commission thereof in accordance with Annex II . Article 38 of Regulation No 136/66/EEC, on the basis of the tenders received, not later than the 10th working day Once these formalities have been completed, after the expiry of each final date laid down for the he shall immediately be released from all his submission of tenders. The decision fixing the minimum obligations relating to the lot in question, selling price shall be notified forthwith to the Member including the securities. State concerned. (b) Where the final results of the analysis of the sample indicate that the oil is other than olive oil as referred Article 7 to in point 1 of Annex to Regulation 136/66/EEC : The olive oil shall be sold by Senpa not later than the — the intervention agency shall, that same day, fifth working day after the date of notification of the deci­ inform the Commission thereof in accordance sion referred to in Article 6. with Annex I, as well as the storer and the successful tenderer, Senpa shall supply the agencies responsible for storage with a list of the lots remaining unsold. — the successful tenderer shall give official notice, that same day, to the intervention agency of the impossibility of taking over the lot in question and Article 8 shall inform the Commission thereof, that same day, in accordance with Annexes I and II. Once The oil shall not be withdrawn before 1 December 1 994. these formalities have been completed, he shall immediately be released from all his obligations The security referred to in Article 7 of Regulation (EEC) relating to the lot in question, including the secu­ No 2960/77 shall be ECU 18 per 100 kilograms. rities .

Article9¶

Article 11 The storage charge referred to in Article 15 of Regulation (EEC) No 2960/77 shall be ECU 3 per 100 kilograms. This Regulation shall enter into force on the third day Article 10 following its publication in the Official Journal of the European Communities. Without prejudice to Article 11 ( 1 ) and (2) of Regulation (EEC) No 2960/77, before the lot awarded is removed, the (') OJ No L 333, 11 . 12. 1985, p. 5.

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

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 30 000 tonnes of olive oil held by the Spanish 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