L 346/14 Official Journal of the European Communities 22.12.98 COMMISSION REGULATION (EC) No 2768/98 of 21 December 1998 on the aid scheme for the private storage of olive oil THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats ('), as last amended by Regulation (EC) No 1638/98 (3, and in particular Article 12a thereof, Whereas Article 12a of Regulation No 136/66/EEC provides that in the event of serious disturbance on the market in certain regions of the Community an aid scheme for the private storage of olive oil may be imple- mented up to 31 October 2001; whereas the scheme must be based on contracts concluded with approved operators offering sufficient guarantees; whereas priority should be given to producer groups within the meaning of Council Regulation (EC) No 952/97 (%), Whereas detailed rules governing the aid scheme for the private storage of olive oil should be laid down so that it can be implemented speedily if necessary; whereas in order that the scheme may have greater effect on the market at the level of producers and to make monitoring easier, the aid should be granted primarily for the bulk storage of virgin olive oil; Whereas in order to reflect best the market situation, the amount of aid should be determined by a tendering procedure opened in accordance with certain rules and in respect of market sectors requiring it; whereas participants in the tendering procedure must be operators offering substantial guarantees; Whereas the information that must appear in tenders and the conditions in which they are to be presented and examined must be specified; whereas, in particular, in order to be able to have an effect on the market situation, tenders must be submitted for a long storage period and in respect of a minimum quantity in relation to the situation in the sector; whereas performance of the tender must be guaranteed by lodging a security under the conditions laid down in Commission Regulation (EEC) No 2220/85 (¥, as last amended by Regulation (EC) No 3403/93 (%), the amount and duration of which must be related to the likelihood of fluctuations in prices on the market and the number of days’ storage conferring enti- tlement to the aid which have actually been completed,; 0J OJ L 210, 28. 7. 1998, p. 32. O] L 142, 2. 6. 1997, p. 30. O] L 205, 3. 8. 1985, p. 5. OJ L 310, 14. 12. 1993, p. 4. Whereas successful tenders shall be those which do not exceed a maximum amount of aid per day of storage, to be determined in relation to the market in olive oil; whereas, however, the representativeness of tenders and compliance with the maximum quantities set under the procedure must be ensured for each category or region specified; Whereas the main points to be included in the contract should be specified; whereas, in order to prevent short- comings on the market, the Commission must be able to adjust the term of the contract in the light mainly of the harvest forecasts for the marketing year following that in which the contract was concluded; Whereas in order to ensure that the scheme is properly administered, it is necessary to indicate the conditions in which an advance on aid may be granted, the checks on compliance with entitlement to the aid which are essen- tial, certain procedures for calculating the aid and the information to be notified to the Commission by the Member States; Whereas Commission Regulation (EEC) No 314/88 (°), as amended by Regulation (EEC) No 3788/89 ("), and Commission Regulation (EC) No 94/98 (%), as last amended by Regulation (EC) No 2367/98 (°), on private storage before 1 March 1998 must be repealed; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats, HAS ADOPTED THIS REGULATION: Article 1 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, up to 31 October 2001 acting in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC, open invita- tions to tender for a limited period. During a tendering procedure for a limited period, partial invitations to tender shall be opened. 31, 3. 2. 1988, p. 16. 367, 16. 12. 1989, p. 44. 9, 15. 1. 1998, p. 25. 293, 31. 10. 1998, p. 64. 0000 e i aliale