CELEX: 31983R3335
Language: en
Date: 1983-11-26 00:00:00
Title: Commission Regulation (EEC) No 3335/83 of 25 November 1983 amending for the second time Regulation (EEC) No 2108/83 opening a standing invitation to tender for the sale of dried grapes and dried figs from the 1981 harvest intended for specific uses

26. 11 . 83                             Official Journal of the European Communities                          No L 330/ 19
                                   COMMISSION REGULATION (EEC) No 3335/83
                                                     of 25 November 1983
               amending for the second time Regulation (EEC) No 2108/83 opening a standing
               invitation to tender for the sale of dried grapes and dried figs from the 1981
                                              harvest intended for specific uses
THE COMMISSION OF THE EUROPEAN                                     bought and thus the amount of security required ;
 COMMUNITIES,                                                      whereas to remedy that situation, the security should
                                                                   be fixed in advance of the invitation to tender ;
 Having regard to the Treaty establishing the European             Whereas products intended for processing under this
 Economic Community,                                               Regulation are normally bought in large quantities ;
                                                                   whereas a trader wanting to buy a small quantity
                                                                   should not be excluded from buying ; whereas in such
 Having regard to Council Regulation (EEC) No                      cases the system described above cannot be applied ;
 1603/83 of 14 June 1983 laying down special                       whereas the amount of security in such cases must be
measures for the disposal of dried grapes and dried figs           fixed at the level corresponding to that applicable to
 from the 1981 harvest held by storage agencies ('), and           products which have not deteriorated during storage ;
in particular Article 1 (5) thereof,
                                                                   Whereas if a pruchaser does not process a certain
                                                                   quantity of the products bought, the security or a part
Whereas Article 5 (2) of Commission Regulation
                                                                   thereof will be withheld ; whereas when the products
(EEC) No 2108 /83 (2), as amended by Regulation (EEC)
                                                                   are in such conditions that processing is not reason­
No 3015/83 (3), provides that a processing security                ably feasible, in particular due to the duration of
shall be fixed taking into consideration, in particular
                                                                   storage or transport, the processor should be allowed to
the difference between the market price and the
                                                                   destroy the products ; whereas it would not be justified
minimum price ; whereas as a consequence of the age                in such cases to withhold securities ; whereas the
of the products concerned, some of the products
                                                                   products should be considered as having complied
removed from storage are in a condition such that
                                                                   with the requirements provided when they have been
processing into products for human consumption is                  destroyed ;
rendered difficult ; whereas, however, other products
have not deteriorated to any significant extent from
storage ; whereas when it is established that the quan­            Whereas the measures provided for in this Regulation
tity of products removed from storage consists both of             are in accordance with the opinion of the Management
                                                                   Committee for Products Processed from Fruit and
products having deteriorated and other products, the
security can be fixed taking that fact into considera­             Vegetables,
tion ; whereas it would be possible to meet such a
requirement only if products are bought in large quan­
tities ;
                                                                   HAS ADOPTED THIS REGULATION :
Whereas in such cases the security should not be
released by instalments because the security is fixed at                                    Article 1
a flat rate based on the different characteristics of all
products bought ; whereas Article 13 (5) of Commis­                Regulation (EEC) No 2108 /83 is hereby amended as
sion Regulation (EEC) No 1687/76 of 30 June 1976                   follows :
laying down common detailed rules for verifying the
use and/or destination of products from interven­
tion (4), as last amended by Regulation (EEC) No                   1 . The figure '25 000' in Article 1 (5) is replaced by
                                                                       '5 000'.
 1657/83 Q, should not apply to these securities ;
                                                                   2. Article 5 (2) is replaced by the following :
Whereas under the present circumstances it is difficult                '2.     The processing security referred to in Article
for traders to estimate the market price of the products
                                                                        1 (4) shall be :
(') OJ   No L 159, 17.  6 . 1983 , p. 5.                               (a) 20 ECU per 100 kilograms net when the quan­
(2) OJ   No L 204, 28 . 7 . 1983 , p. 41 .                                  tity bought amounts to 5 000 tonnes or more ;
(3) OJ   No L 296, 28 . 10 . 1983, p. 12.
(4) OJ   No L 190, 14.  7. 1976, p. 1 .                                (b) 50 ECU per 100 kilograms net when the quan­
O   OJ   No L 162, 22.  6 . 1983 , p . 10 .                                 tity bought is less than 5 000 tonnes.'
 ---pagebreak--- No L 330/20                         Official Journal of the European Communities                           26. 11 . 83
3 . The following paragraph 4 is added to Article 5 :             However, the provisions of Article 13 (5) of that
                                                                  Regulation shall not apply to products sold under
                                                                 Article 5 (2) (a) of this Regulation .'
     4.    The authorities of the Member State where          5. The following paragraph 4 is added to Article 8 :
    the products are stored shall in respect of purchases
    amounting to 5 000 tonnes or more, establish that            '4. Products shall be considered as having
    at least 70 % of the products removed from storage           complied with the provisions of paragraph 2 in
    have deteriorated as a consequence of storage so             cases where it is established that they have been
    that processing into products for human consump­             destroyed in accordance with the wishes of the
    tion is rendered difficult.'                                  purchaser.'
                                                                                      Article 2
                                                              This Regulation shall enter into force on the day
4. The following subparagraph is added to Article 8           following its publication in the Official Journal of the
    ( 1 ):                                                    European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 25 November 1983 .
                                                                       For the Commission
                                                                          Poul DALSAGER
                                                                    Member of the Commission