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10.2.2012 Official
Journal
of
the
European
Union L
37/55
COMMISSION IMPLEMENTING REGULATION (EU) No 111/2012
of 9 February 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
the current marketing year and the forecasts for the
following marketing year, the Commission should have
(1) Article
33
of
Regulation
(EC)
No
1234/2007
provides
the possibility to decide to shorten the term of contracts
that the Commission may decide to authorise bodies,
which are being performed and adjust the level of aid
offering sufficient guarantees and approved by the
accordingly. That possibility has to be included in the
Member States, to conclude contracts for the storage of
contract, as provided for by Article 21 of Regulation
olive oil that they market in the event of a serious
(EC) No 826/2008.
disturbance on the market in certain regions of the

European Union.
(9) Pursuant
to
Article
12(3)
of
Regulation
(EC)
No
826/2008, the time period of notification of all valid
(2) In
Spain
and
Greece,
Member
States
that
together
tenders by Member States to the Commission is to be
produce more than two thirds of the total olive oil
fixed.
production in the Union, the average olive oil price
recorded on the market during the period specified in
Article 4 of Commission Regulation (EC) No 826/2008
(10) In
order
to
prevent
uncontrolled
price
falls,
to
react
of 20 August 2008 laying down common rules for the
swiftly to the exceptional market situation and to
granting of private storage aid for certain agricultural
ensure efficient management of this measure, this Regu
products (
lation should enter into force on the day following that

2 ), is below the level indicated in Article 33
of Regulation (EC) No 1234/2007. This causes a
of its publication in the Official Journal of the European
serious disturbance on the markets of those Member
Union.
States. The Union olive oil market is characterised by a
high level of interdependence and therefore the serious
(11) The
Management
Committee
for
the
Common
Organi
disturbance of the Spanish and Greek market risks to
sation of Agricultural Markets has not delivered an
propagate to all the olive 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
1. A
tendering
procedure
is
hereby
opened
in
order
to
(4) Regulation
(EC)
No
826/2008
has
established
common determine the level of aid for private storage referred to in
rules for the implementation of the private storage aid
Article 31(1)(b) of Regulation (EC) No 1234/2007 for the
scheme. Pursuant to Article 6 of that Regulation, a
categories of olive oil listed in the Annex to this Regulation
tendering procedure is to be opened in accordance
and defined in point 1 of Annex XVI to Regulation (EC) No
with the detailed rules and conditions provided for in
1234/2007.
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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L 37/56
EN
Official Journal of the European Union
10.2.2012
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
17 February 2012 and shall end on 21 February 2012 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 1 March 2012 at 11:00 Brussels
time.
Article 6
Notification of the tenders to the Commission
2. Tenders
shall
relate
to
a
storage
period
of
150
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 the Commission, within 24 hours from the end of each
50 tonnes.
tendering sub-period as referred to in Article 3(1) of this
Regulation.
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, 9 February 2012.
For the Commission,
On behalf of the President,
Dacian CIOLO
Member of the Commission

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EN
10.2.2012 Official
Journal
of
the
European
Union L
37/57
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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