CELEX: 31978R2708
Language: en
Date: 1978-11-21 00:00:00
Title: Commission Regulation (EEC) No 2708/78 of 21 November 1978 laying down conditions for invitations to tender for colza and rape seed held by the Danish intervention agency

No L 327/6                            Official Journal of the European Communities                           22. 11 . 78
                                    COMMISSION REGULATION (EEC) No 2708/78
                                                   of 21 November 1978
               laying down conditions (or invitations to tender (or colza and rape seed held by
                                              the Danish intervention agency
THE COMMISSION OF THE EUROPEAN                                   proof that the seeds have been placed under control at
COMMUNITIES,                                                     an oil mill pursuant to Article 2 of Council Regula­
                                                                 tion (EEC) No 2114/71 of 28 September 1971 on the
                                                                 subsidy for oilseeds (5), as last amended by Regulation
 Having regard to the Treaty establishing the European           (EEC) No 851 /78 (6), or have been exported ;
 Economic Community,
                                                                 Whereas the minimum selling price that most nearly
 Having regard to Council Regulation No 136/66/EEC               corresponds to the actual market situation may be
of 22 September 1966 on the establishment of a                   determined on the basis of the tenders received ;
common organization of the market in oils and
fats (1), as last amended by Regulation (EEC) No                 Whereas the measures provided for in this Regulation
 1 562/78 (2), and in particular Article 26 (3) thereof,         are in accordance with the opinion of the Manage­
                                                                 ment Committee for Oils and Fats,
Whereas during the 1977/78 marketing year the
 Danish intervention agency bought in certain quanti­
ties of colza and rape seed pursuant to Article 26 of
 Regulation No 136/66/EEC ;                                       HAS ADOPTED THIS REGULATION :
Whereas Commission Regulation (EEC) No                                                    Article 1
 189/68 (3), as last amended by Regulation (EEC) No
 1 687/76 (4), laid down the conditions for sale by
tender on the Community market of oilseeds held by                1 . There shall be put up for sale by tender on the
intervention agencies ; whereas, in view of the present          Community market two lots of a total quantity of
situation of the market for oilseeds in the Commu­               approximately 963 tonnes of colza and rape seed held
 nity, it is unlikely that the quantities held by the            by the Danish intervention agency, which were
 Danish intervention agency can be sold in accordance            bought in during the 1977/78 marketing year.
with the price conditions laid down in Article 5 of
Regulation (EEC) No 189/68 ; whereas, therefore,                 2. The provisions of Regulation (EEC) No 189/68
special measures must be taken to dispose of these               shall apply, subject to those of this Regulation.
oilseeds ;
Whereas colza and rapeseed can at present be                                              Article 2
marketed in the Community at a price which accords
more closely with the actual market situation than the           The notice of invitation to tender shall be published
price fixed in accordance with the said Article 5 ;              in the Official Journal of the European Communities
                                                                 not less than 10 days before the final date for the
                                                                 submission of tenders. This date shall be 4 December
Whereas, in order to ensure favourable selling condi­             1978, not later than 2 p.m.
tions, the seeds should be put up for sale in lots ;
Whereas a security should be provided to ensure the                                       Article 3
observance of the obligations involved in the submis­
sion of a tender ; whereas, moreover, that security               1.   No tender shall be accepted unless it states a
should be such as to prevent the seeds for which a               price per lot, delivery ex storage depot.
tender is accepted from being offered for intervention
a second time ; whereas the security should therefore
be forfeited unless the successful tenderer provides             The costs of weighing, sampling and analysis shall be
                                                                 borne, by the intervention agency. Any other exit costs
(>) OJ   No 172, 30 . 9 . 1966, p. 3025/66.                      arising shall be borne by the purchaser.
(2) OJ   No L 185, 7. 7. 1978 , p. 1 .
(3) OJ   No L 43, 17. 2. 1968 , p. 7.                            (5) OJ No L 222, 2. 10 . 1971 , p. 2.
(4) OJ   No L 190, 14. 7. 1976, p. 1 .                           (6) OJ No L 116, 28 . 4. 1978, p. 4.
 ---pagebreak--- 22 . 11 . 78                      Official Journal of the European Communities                             No L 327/7
2. Tenders shall be valid only if accompanied by a           The price shall be fixed, ex storage depot, for oilseeds
security of two units of account per 100 kilograms.           of the standard quality for which intervention prices
                                                              are fixed . Where the oilseeds offered for sale are not
The security may be provided in cash or in the form           of the said standard quality, their weight shall be deter­
of a guarantee satisfying the criteria laid down in the       mined by the method described in the Annex to
Kingdom of Denmark.                                           Commission Regulation (EEC) No 1204/72 of 7 June
                                                              1972 laying down detailed rules for the application of
                        Article 4                             the subsidy system for oilseeds (*), as last amended by
The security referred to in Article 3 (2) shall be            Regulation (EEC) No 1856/78 (2), and the selling price
released where :                                              shall be increased or reduced as specified in the
                                                              Annex to Commission Regulation No 282/67/EEC of
(a) the tenderer has not withdrawn his tender before          11 July 1967 on detailed rules for intervention for
     the award of the contract and the tender has been        oilseeds (3), as last amended by Regulation (EEC) No
     unsuccessful ;                                           1512/78 (4).
(b) the successful tenderer, save in cases of force
     majeure, has paid to the intervention agency the                                     Article 6
     amount corresponding to his tender, has taken
     over the oilseeds awarded to him under the tender
                                                              Subject to the minimum price referred to in Article 5,
     and has given proof that the oilseeds have been          the contract shall be awarded to the highest bidder.
     placed under control at an oil mill pursuant to
     Article 2 of Regulation (EEC) No 2114/71 or have         If two or more tenderers tender at the same price, the
     been exported.                                           successful tenderer shall be chosen by lot.
                        Article 5
                                                                                          Article 7
In the light of the tenders submitted, a minimum
price for the seeds shall be fixed in accordance with         This Regulation shall enter into force on the day
the procedure laid down in Article 38 of Regulation           following its publication in the Official Journal of
No 136/ 66/ EEC .                                              the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 21 November 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President
                                                               (>) OJ No   L 133, 10. 6. 1972, p. 1 .
                                                               (2) OJ No   L 212, 2. 8. 1978, p. 8.
                                                               (3) OJ No   151 , 13 . 7. 1967, p. 1 .
                                                               (4) OJ No   L 178, 1 . 7. 1978, p. 58 .