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23.5.2012 Official
Journal
of
the
European
Union L
132/13
COMMISSION IMPLEMENTING REGULATION (EU) No 430/2012
of 22 May 2012
opening the tendering procedure for aid for private storage of olive oil
THE EUROPEAN COMMISSION,
(5) The
global
quantity
up
to
which
private
storage
aid
can
be granted should be set at a level which, according to
market analysis, would contribute to the stabilisation of
Having regard to the Treaty on the Functioning of the European
the market.
Union,
(6) In
order
to
facilitate
the
administrative
and
control
work
relating to the conclusion of contracts, the minimum
Having regard to Council Regulation (EC) No 1234/2007 of
quantity of product each tender must provide for
22 October 2007 establishing a common organisation of agri
should be fixed.
cultural markets and on specific provisions for certain agri
cultural products (Single CMO Regulation) ( 1 ), and in particular
Article 43(a), (d) and (j), in conjunction with Article 4, thereof,
(7) A
security
should
be
fixed
in
order
to
ensure
that
the
operators fulfil their contractual obligations and that the
measure will have its desired effect on the market.
Whereas:
(8)
In the light of the evolution of the market situation in
(1) Article
33
of
Regulation
(EC)
No
1234/2007
provides
the current marketing year and the forecasts for the
that the Commission may decide to authorise bodies,
following marketing year, the Commission should have
offering sufficient guarantees and approved by the
the possibility to decide to shorten the term of contracts
Member States, to conclude contracts for the storage of
which are being performed and adjust the level of aid
olive oil that they market in the event of a serious
accordingly. That possibility has to be included in the
disturbance on the market in certain regions of the
contract, as provided for by Article 21 of Regulation
European Union.
(EC) No 826/2008.
(2) In
Spain
and
Greece,
Member
States
that
together (9) Pursuant
to
Article
12(3)
of
Regulation
(EC)
No
produce more than two thirds of the total olive oil
826/2008, the time period of notification of all valid
production in the Union, the average olive oil price
tenders by Member States to the Commission is to be
recorded on the market during the period specified in
fixed.
Article 4 of Commission Regulation (EC) No 826/2008
of 20 August 2008 laying down common rules for the
granting of private storage aid for certain agricultural
(10) In
order
to
prevent
uncontrolled
price
falls,
to
react
products ( 2 ) is below the level indicated in Article 33
swiftly to the exceptional market situation and to
of Regulation (EC) No 1234/2007. This causes a
ensure efficient management of this measure, this Regu
serious disturbance on the markets of those Member
lation should enter into force on the day following that
States. The Union olive oil market is characterised by a
of its publication in the Official Journal of the European
high level of interdependence and therefore the serious
Union.
disturbance of the Spanish and Greek market risks to
propagate to all the olive oil-producing Member States.
(11) The
Management
Committee
for
the
Common
Organi
sation of Agricultural Markets has not delivered an
(3) Article
31
of
Regulation
(EC)
No
1234/2007
provides
opinion within the time limit set by its Chair,
that aid for private storage may be granted for olive oil
and that the aid should be fixed by the Commission in
advance or by means of a tendering procedure.
HAS ADOPTED THIS REGULATION:
(4) Regulation
(EC)
No
826/2008
has
established
common
Article 1
rules for the implementation of the private storage aid
Subject matter
scheme. Pursuant to Article 6 of that Regulation, a
tendering procedure is to be opened in accordance
1. A
tendering
procedure
is
hereby
opened
in
order
to
with the detailed rules and conditions provided for in
determine the level of aid for private storage referred to in
its Article 9.
Article 31(1)(b) of Regulation (EC) No 1234/2007 for the
categories of olive oil listed in the Annex to this Regulation
( 1 ) OJ L 299, 16.11.2007, p. 1.
and defined in point 1 of Annex XVI to Regulation (EC) No
( 2 ) OJ L 223, 21.8.2008, p. 3.
1234/2007.

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L 132/14
EN
Official Journal of the European Union
23.5.2012
2. The
global
quantity
up
to
which
aid
for
private
storage 5. Tenders
may
be
lodged
only
in
Greece,
Spain,
France,
can be granted shall be 100 000 tonnes.
Italy, Cyprus, Malta, Portugal and Slovenia.
Article 2
Article 4
Applicable rules
Securities
Regulation (EC) No 826/2008 shall apply save as otherwise
Tenderers shall establish a security of EUR 50 per tonne of olive
provided for in this Regulation.
oil covered by a tender.
Article 5
Article 3
Shortening the term of contracts
Submission of tenders
The Commission may, on the basis of developments on the
1. The sub-period during which tenders may be submitted in
market in olive oil and the outlook for the future, decide, in
response to the first partial invitation to tender shall begin on
accordance with the procedure referred to in Article 195(2) of
31 May 2012 and shall end on 5 June 2012 at 11:00 Brussels
Regulation (EC) No 1234/2007, to shorten the term of
time.
contracts which are being performed and adjust the amount
of the aid accordingly. The contract with the successful
tenderer shall include reference to this option.
The sub-period during which tenders may be submitted in
response to the second partial invitation to tender shall begin
on the first working day following the end of the preceding
Article 6
sub-period and shall end on 19 June 2012 at 11:00 Brussels
Notification of the tenders to the Commission
time.
In accordance with Article 12 of Regulation (EC) No 826/2008
all valid tenders shall be notified separately by Member States to
2. Tenders
shall
relate
to
a
storage
period
of
180
days.
the Commission, within 24 hours from the end of each
tendering sub-period as referred to in Article 3(1) of this Regu
lation.
3. Each
tender
shall
cover
a
minimum
quantity
of
at
least
50
tonnes.
Article 7
Entry into force
4. Where
an
operator
takes
part
in
a
tendering
procedure
for
more than one category of oil or for vats located at different
This Regulation shall enter into force on the day following that
addresses, it shall submit a separate tender in each case.
of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 May 2012.
For the Commission,
On behalf of the President,
Michel BARNIER
Member of the Commission

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EN
23.5.2012 Official
Journal
of
the
European
Union L
132/15
ANNEX
Olive oil categories referred to in Article 1(1)
Extra virgin olive oil
Virgin olive oil

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Document Outline

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