1.   The competent bodies in producer Member States shall conclude contracts for the private storage of virgin olive oil in bulk on the conditions laid down in this Regulation.

2.   In order to determine the aid to be granted for carrying out contracts for the private storage of virgin olive oil in bulk, the Commission may, in accordance with the procedure laid down in Article 18(2) of Regulation (EC) No 865/2004, open invitations to tender for a limited period. During a limited-period tendering procedure, partial invitations to tender shall be opened.

1.   An invitation to tender for a limited period may be opened where the following conditions are met:

2.   Invitations to tender for a limited period shall specify the maximum quantity for the whole tendering procedure and may specify maximum quantities for each:

Invitations to tender for a limited period may be restricted to just some of the virgin olive oil categories or regions referred to in the first subparagraph.

Invitations to tender for a limited period may be closed before the end of the period in accordance with the procedure laid down in Article 18(2) of Regulation (EC) No 865/2004.

1.   Operators meeting the conditions in Articles 3 and 4 shall be approved and given an approval number within two months following the month in which the complete file containing the application for approval is submitted.

2.   Without prejudice to Article 17(3):

1.   No later than every Wednesday, Member States shall send the Commission the average prices recorded on their main representative markets the preceding week for the various categories of oil listed in Annex I to Regulation (EC) No 865/2004.

These prices shall be notified by e-mail, along with comments on the volume of transactions and how representative they are.

2.   Before the 10th day of each month the Member States shall send the Commission an estimate of the total production of olive oil and table olives for the current marketing year.

3.   From September to May of each marketing year, Member States shall send the Commission, no later than the 15th day of each month, an estimate of the olive oil and table olives produced since the start of the marketing year in question.

To obtain these data, the Member States may use various sources of information, including the data supplied by the mills and enterprises engaging in the processing of table olives, surveys of operators in the olive sector or the estimates of statistical bodies.

Member States shall notify the Commission, before the end of the marketing year concerned, of the total estimated volume of olive oil and quantity of table olives produced.

4.   Member States shall establish the data-collection system they deem to be most appropriate for obtaining and preparing the notifications referred to in paragraphs 2 and 3 and they shall specify, as appropriate, the data-communication obligations of the olive-sector operators concerned.

5.   The estimates of olive-oil and table-olive production referred to in paragraphs 2 and 3 shall be sent by e-mail on the form provided by the Commission.

6.   The Commission may use other sources of information.

1.   Without prejudice to Article 15, tenders for a minimum quantity of 50 tonnes shall be made in respect of the amount of aid per day, for the private storage for 365 days in sealed vats and in accordance with the conditions laid down in this Regulation of virgin olive oil in bulk in one of the three categories listed in Part I of Annex I to Regulation (EC) No 865/2004.

2.   Approved operators shall take part in the partial tendering procedure either by submitting a written tender to the competent body in a Member State, against receipt of delivery, or by e-mailing that body.

Where an operator takes part in a partial tendering procedure for more than one category of oil or for vats located at different addresses, he shall submit a separate tender in each case.

A tender shall be valid only for a single partial tendering procedure. Once submitted, tenders may not be withdrawn or altered after the closing date for submission of tenders.

1.   The tenders referred to in Article 8 shall specify:

2.   To ensure that their validity is recognised, tenders must:

1.   Tenderers shall establish a security of EUR 50 per tonne of olive oil covered by a tender.

2.   Where tenders are unsuccessful, the security referred to in paragraph 1 shall be released forthwith following publication in the Official Journal of the European Union of the maximum amount of the aid for the partial tendering procedure concerned.

3.   Where tenders are successful, in addition to the security referred to in paragraph 1, a security of EUR 200 per tonne of olive oil covered by the tender shall be established no later than the first day of performance of the contract as referred to in the second subparagraph of Article 13(3).

4.   The primary requirement within the meaning of Article 20 of Regulation (EEC) No 2220/85 for the release of the securities referred to in paragraphs 1 and 3 shall be the storage for six months provided for in the tender under the contract conditions laid down in this Regulation.

However, where the duration of the contract is reduced to less than six months pursuant to Article 15, the storage period referred to in the first subparagraph shall be the same as the period of performance of the contract.

1.   Tenders shall be examined by the competent body in the Member State concerned in the absence of members of the public. Subject to paragraph 2, persons present at the examination shall be under an obligation not to disclose any particulars relating thereto.

2.   Valid tenders shall be notified to the Commission, classified in increasing order of amount, unnamed, by e-mail, not later than 48 hours following the expiry of the deadline for the submission of tenders.

If the deadline expires on a Friday tenders shall be notified no later than midday (Brussels time) the following Monday.

3.   Particulars shall be given for each tender notified of the quantity, category of oil and amount referred to in Article 9(1)(d) and (f). In addition, where the procedure sets maximum quantities for each region, the regions concerned shall be indicated for each tender.

1.   In accordance with the procedure laid down in Article 18(2) of Regulation (EC) No 865/2004 and on the basis of the tenders received, a maximum amount of aid shall be set per day of private storage not later than the ninth working day following the expiry of each deadline set for the submission of tenders under partial tendering procedures.

2.   The maximum amount of aid shall be set in the light of the situation and foreseeable developments on the market in olive oil, and the opportunities for contributing significantly to ensuring that the market is regulated by the measure concerned.

In addition, account shall be taken of quantities which are covered already by private storage contracts and of the quantities covered by the tenders received.

3.   When the maximum amount is being set, and in accordance with the same procedure, all tenders in respect of a category of oil or a region for which a maximum quantity has been set under Article 2(2) may be rejected where, in the case of the category or region in question:

1.   The contract shall be awarded, without prejudice to Article 12(3), to the tenderer or tenderers whose tender has been notified in accordance with Article 11(2), and which corresponds to the maximum amount of aid per day of private storage, or less for the quantity shown in the tender.

The rights and obligations of the successful tenderer shall not be transferable.

2.   The competent body in the Member State concerned shall notify all tenderers in writing of the outcome of their participation in the tendering procedure not later than the second working day following the date of publication of the maximum amount of the aid in the Official Journal of the European Union.

3.   The date of conclusion of the contract shall be that on which the notice of acceptance of the tender is dispatched to the tenderer.

The starting date of performance of the contract, subject to the lodging of the security referred to in Article 10(3), shall be the day following the conclusion of the contract, and the oil in question must be stored in the conditions provided for in the contract.

However, performance of the contract may not begin until the vats are sealed after the taking of samples, in accordance with paragraph 4(c) and (d) below.

4.   Within 30 days of the conclusion of the contract, the competent body in the Member State shall:

Where the Member State can offer duly justified reasons, the 30-day time limit laid down in the first subparagraph may be extended by 15 days.

5.   The sample referred to in paragraph 4(c) shall be analysed as quickly as possible to ensure that the oil corresponds to the category of virgin olive oils for which the contract was awarded.

If the analysis confirms that the oil in the vat does not correspond to the category for which the contract was awarded, the entire quantity covered by the tender shall be rejected and the security referred to in Article 10(1) shall be forfeit.

1.   The contract drawn up in two copies shall contain at least the following:

2.   The contract shall contain a reference in respect of each batch covered by it to:

3.   The contract shall require the contractor:

Changes of vats referred to in (b) above must be authorised by that body, undertaken in its presence, representative samples of the vat concerned must be taken and new seals affixed in accordance with Article 13(4)(c) and (d).

4.   Without prejudice to Article 15, where the contractor terminates the contract while it is being performed, the contractor shall lose the benefit of the aid for the whole of the period and for all the quantities provided for in the contract.

1.   The Commission, on the basis of developments on the market in olive oil and the outlook for the future, may decide in accordance with the procedure laid down in Article 18(2) of Regulation (EC) No 865/2004 to shorten the term of contracts which are being performed.

Changes to contracts may be adopted only during the period 1 September to 31 December, and may not take effect before the end of the month following that in which they are adopted.

2.   Where a contract is changed under paragraph 1, the Commission shall set a percentage reduction to be applied to the numbers of days of performance provided for after a date specified for all contracts which are being performed on that date.

1.   From the starting date of performance of the contract as referred to in the second subparagraph of Article 13(3), an advance corresponding to the aid provided for in respect of the period starting on the starting date of performance of the contract and ending on 31 August following may be paid on condition that a security is lodged for an amount equal to 120 % of the advance.

In the case of contracts that are being performed, from 1 January a further advance may be paid for the period beginning on 1 September and ending on expiry of those contracts, under the terms specified in the first subparagraph.

2.   The security referred to in paragraph 1 shall be released forthwith upon payment of the balance of the aid in accordance with Article 18(3).

1.   Before final payment of the aid is made, the competent body in the Member State shall:

2.   Checks on compliance shall include a physical inspection of the goods stored, together with scrutiny of the accounts.

The physical inspection shall cover in particular the compliance of the stocks covered by the contract with the categories of oil provided for in the contract, the presence of the seals and of the quantities provided for.

3.   Where there is failure to comply with the requirements of the contract, the aid shall not be granted, and without prejudice to other penalties that may be applied, approval of the operator shall be withdrawn. In addition, the securities as referred to in Articles 10 and 16 shall be forfeit under the terms of Regulation (EEC) No 2220/85.

1.   The aid amount shall be calculated in relation to the net weight recorded in accordance with Article 13(4)(b).

The rate to be applied when converting the amount of private storage aid into national currency shall be the agricultural conversion rate applicable on the date of commencement of performance of the contract as referred to in the second subparagraph of Article 13(3).

2.   The requirements relating to the quantities provided for in the tenders and contracts shall be regarded as met if they are in fact met in respect of 98 % of those quantities.

Where the analysis referred to in Article 13(5) does not suffice to confirm that the oil corresponds to the category for which the contract was awarded, the entire quantity covered by the tender shall be deemed not to be in conformity.

3.   The aid, or, where an advance has been granted under Article 16, the balance of the aid, shall be paid only when all the requirements of the contract have been met. Payment of the aid, or the balance of the aid, shall be made following a check on compliance with the requirements, within 60 days following expiry of the contract.

1.   The Member States concerned shall notify the Commission of the national measures taken to apply this Regulation and of the specimen contract.

2.   The Member States shall electronically notify the Commission of the quantities of olive oil for which an aid has been awarded and which, as appropriate, are not the subject of:

The notices referred to in the first subparagraph shall specify the partial tendering procedure concerned and, as appropriate, the categories of oil, operators, or regions concerned. Notification shall take place at the earliest opportunity and not later than the 10th day of the month following the month concerned.