31994R2532

20 . 10 . 94 Official Journal of the European Communities No L 269/21

COMMISSION REGULATION (EC) No 2532/94 of 19 October 1994 opening an invitation to tender for the sale of olive oil held by the Italian 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 amended by Regulation (EC) No 3179/93 (2), and in parti­ Article 1 cular Article 12 (4) thereof, 1 . The Italian intervention agency, 'Ente di Stato per gli interventi nel mercato agricolo', hereinafter referred to Whereas Article 2 of Council Regulation (EEC) No as 'EIMA', shall open an . invitation to tender in accor­ 2754/78 (3), as amended by Regulation (EEC) No dance with the provisions of this Regulation and of Regu­ 2203/90 (4), provides that olive oil held by the interven­ lation (EEC) No 2960/77 for the sale on the Community tion agencies shall be put up for sale by tender ; market of approximately 30 000 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 Italian intervention agency holds certain (EEC) No 2960/77. quantities of olive oil ; 2. EIMA 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 (*), sale and their storage locations. as last amended by Regulation (EEC) No 3818/85 (*), laid down the conditions for the sale by tender on the At the request of the Commission during the following Community market and for export of olive oil ; whereas three days EIMA shall replace certain lots as required by the state of the market in olive oil is at present favourable the Commission . for the sale of part of the said oil ;

Article 2 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 The notice of invitation to tender shall be published on 3 November 1994 . tors with minimum supplies for their immediate needs, it should be stipulated that an operator may only submit Particulars of the lots of oil offered for sale and of the tenders up to a given quantity ; places where they are stored shall be displayed at the central office of EIMA, via Palestro 81 , 1-00185 Rome. 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 EIMA at the central office, via Palestro 81 , 1-00185 Rome not later than 2 p.m. (local Whereas the monitoring arrangements should accordingly 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 (') OJ No 172, 30 . 9 . 1966, p. 3025/66 . sector and is entered in that status as at 31 December (2) OJ No L 285, 20 . 11 . 1993, p. 9 . 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. o OJ No L 348 , 30 . 12. 1977, p. 46. No tenderer may submit a tender for a quantity in excess 6) OJ No L 368 , 31 . 12. 1985, p . 20 . of 1 000 tonnes .

No L 269/22 Official Journal of the European Communities 20 . 10 . 94

Article 4 intervention agency, the successful tenderer and the storage agency shall take a reference sample and analyse 1 . With regards to lampante virgin olive oil, tenders that sample using the methods referred to in Article shall be submitted for oil of 3° acidity. 2 (4) (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, inform the Commission thereof in accordance reduction of ECU 0,32 for each tenth of a degree of with Annex I as well as the storer and the acidity above 3° . successful tenderer ;

Article5¶

— either agree to take over the lot with its quality Not later than three days after the expiry of the time limit as established, laid down for the submission of tenders, EIMA shall send the Commission a list, without mentioning names, stating — or refuse to take over the lot in question the highest tender received for each lot put up for sale. notwithstanding the declaration made in accor­ dance with Article 7 (6) (b) of Regulation (EEC) Article 6 No 2960/77. In that case, the successful tenderer shall, that same day, inform the inter­ The minimum selling price per 100 kilogramms of oil vention agency and the Commission thereof in accordance with Annex II. shall be fixed, in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC, on the Once these formalities have been completed, basis of the tenders received, not later than the 10th he shall immediately be released from all his working day after the expiry of each final date laid down obligations relating to the lot in question, for the submission of tenders. The decision fixing the including the securities. minimum selling price shall be notified forthwith to the Member 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 the Annex to Regulation 136/66/EEC : The olive oil shall be sold by EIMA not later than the fifth working day after the date of notification of the deci­ -— the intervention agency shall, that same day, sion referred to in Article 6. inform the Commission thereof in accordance with Annex I, as well as the storer and the EIMA shall supply the agencies responsible for storage successful tenderer, with a list of the lots remaining unsold. — the successful tenderer shall give official notice, that same day, to the intervention agency of the Article 8 impossibility of taking over the lot in question and shall inform the Commission thereof, that same The oil shall not be withdrawn before 1 December 1994. day, in accordance with Annexes I and II. Once these formalities have been completed, he shall The security referred to in Article 7 of Regulation (EEC) immediately be released from all his obligations No 2960/77 shall be ECU 18 per 100 kilograms. relating to the lot in question, including the secu­ rities. Article 9

The storage charge referred to in Article 15 of Regulation Article 11 (EEC) No 2960/77 shall be ECU 3 per 100 kilogramms. 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.

20. 10. 94 Official Journal of the European Communities No L 269/23

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 Italian 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