HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 270/22
EN
Official Journal of the European Union
15.10.2011
COMMISSION IMPLEMENTING REGULATION (EU) No 1023/2011
of 14 October 2011
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
Having regard to Council Regulation (EC) No 1234/2007 of
relating to the conclusion of contracts, the minimum
22 October 2007 establishing a common organisation of agri
quantity of product each tender must provide for
cultural markets and on specific provisions for certain agri
should be fixed.
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
Whereas:
measure will have its desired effect on the market.
(8)
In the light of the evolution of the market situation in
(1) Article
33
of
Regulation
(EC)
No
1234/2007
provides
that the Commission may decide to authorise bodies,
the current marketing year and the forecasts for the
offering sufficient guarantees and approved by the
following marketing year, the Commission should have
Member States, to conclude contracts for the storage of
the possibility to decide to shorten the term of contracts
olive oil that they market in the event of a serious
which are being performed and adjust the level of aid
disturbance on the market in certain regions of the
accordingly. That possibility has to be included in the
European Union.
contract, as provided for by Article 21 of Regulation

(EC) No 826/2008.
(2) In
Spain
the
average
price
of
virgin
olive
oil
recorded
in (9) Pursuant
to
Article
12(3)
of
Regulation
(EC)
No
the market during the period specified in Article 4 of
826/2008, the time period of notification of all valid
Commission Regulation (EC) No 826/2008 of
tenders by Member States to the Commission is to be
20 August 2008 laying down common rules for the
fixed.
granting of private storage aid for certain agricultural
products ( 2 ), is below the level indicated in Article 33
of Regulation (EC) No 1234/2007. The prospect of a
(10) In order to prevent uncontrolled price falls, to react
consecutive good harvest and the accumulation of
swiftly to the exceptional market situation and to
stocks in Spain create an imbalance between supply
ensure efficient management of this measure, this Regu
and demand which exerts a downward pressure on
lation should enter into force on the day following that
virgin olive oil prices and causes a serious disturbance
of its publication in the Official Journal of the European
on the Spanish market. Spain is the most important olive
Union.
oil producer of the Union and the price leader. The
Union olive oil market is characterised by a high level
of interdependence and therefore the serious disturbance
(11) The
Management
Committee
for
the
Common
Organi
of the Spanish market risks to propagate to all the olive
sation of Agricultural Markets has not delivered an
oil producing Member States.
opinion within the time limit set by its Chair,
(3) Article
31
of
Regulation
(EC)
No
1234/2007
provides HAS ADOPTED THIS REGULATION:
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.
Article 1
Subject matter
(4) Regulation
(EC)
No
826/2008
has
established
common 1. A
tendering
procedure
is
hereby
opened
in
order
to
rules for the implementation of the private storage aid
determine the level of aid for private storage referred to in
scheme. Pursuant to Article 6 of that Regulation, a
Article 31(1)(b) of Regulation (EC) No 1234/2007 for virgin
tendering procedure is to be opened in accordance
olive oil as defined in point 1(b) of Annex XVI to that Regu
with the detailed rules and conditions provided for in
lation.
its Article 9.
( 1 ) OJ L 299, 16.11.2007, p. 1.
2. The
global
quantity
up
to
which
aid
for
private
storage
( 2 ) OJ L 223, 21.8.2008, p. 3.
can be granted shall be 100 000 tonnes.

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EN
15.10.2011 Official
Journal
of
the
European
Union L
270/23
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 3
Article 5
Submission of tenders
Shortening the term of contracts
1. The sub-period during which tenders may be submitted in
The Commission may, on the basis of developments on the
response to the first partial invitation to tender shall begin on
market in olive oil and the outlook for the future, decide, in
19 October 2011 and shall end on 25 October 2011 at 11:00
accordance with the procedure referred to in Article 195(2) of
Brussels time.
Regulation (EC) No 1234/2007, to shorten the term of
contracts which are being performed and adjust the amount
The sub-period during which tenders may be submitted in
of the aid accordingly. The contract with the successful
response to the second partial invitation to tender shall begin
tenderer shall include reference to this option.
on the first working day following the end of the preceding
sub-period and shall end on 8 November at 11:00 Brussels
Article 6
time.
Notification of the tenders to the Commission
2. Tenders
shall
relate
to
a
storage
period
of
180
days.
In accordance with Article 12 of Regulation (EC) No 826/2008
all valid tenders shall be notified separately by Member States to
3. Each
tender
shall
cover
a
minimum
quantity
of
at
least
50 the Commission, within 24 hours from the end of each
tonnes.
tendering sub-period as referred to in Article 3(1) of this Regu
lation.
4. Where
an
operator
takes
part
in
a
tendering
procedure
for
more than one category of oil or for vats located at different
Article 7
addresses, it shall submit a separate tender in each case.
Entry into force
5. Tenders
may
be
lodged
only
in
Greece,
Spain,
France, This Regulation shall enter into force on the day following that
Italy, Cyprus, Malta, Portugal and Slovenia.
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, 14 October 2011.
For the Commission
Joaquín ALMUNIA
Vice-President

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