CELEX: 31978R2221
Language: en
Date: 1978-09-22 00:00:00
Title: Commission Regulation (EEC) No 2221/78 of 22 September 1978 laying down conditions for invitations to tender for colza and rape seed held by the German and Danish intervention agencies

23 . 9. 78                             Official Journal of the European Communities                         No L 260/7
                                  COMMISSION REGULATION (EEC) No 2221/78
                                                   of 22 September 1978
               laying down conditions for invitations to tender for colza and rape seed held by
                                    the German and Danish intervention agencies
THE COMMISSION OF THE EUROPEAN                                   sion of a tender ; whereas, moreover, that security
COMMUNITIES,                                                     should be such as to prevent the seeds for which a
                                                                 tender is accepted from being offered for intervention
                                                                 a second time ; whereas the security should therefore
Having regard to the Treaty establishing the European            be forfeited unless the successful tenderer provides
Economic Community,                                              proof that the seeds have been placed under control at
                                                                 an oil mill pursuant to Article 2 of Council Regula­
                                                                 tion (EEC) No 2114/71 of 28 September 1971 on the
Having regard to Council Regulation No 136/66/EEC                subsidy for oilseeds (5), as last amended by Regulation
of 22 September 1966 on the establishment of a                   (EEC) No 851 /78 (6), or have been exported ;
common organization of the market in oils and
fats (*), as last amended by Regulation (EEC) No
 1 562/78 (2), and in particular Article 26 (3) thereof,         Whereas the minimum selling price that most nearly
                                                                 corresponds to the actual market situation may be
                                                                 determined on the basis of the tenders received ;
Whereas during the 1977/78 marketing year the
German and Danish intervention agencies bought in                Whereas the contract should be awarded to the
certain quantities of colza and rape seed pursuant to            tenderer offering the highest price ; whereas, more­
Article 26 of Regulation No 136/66/EEC ;                         over, there should be rules concerning the award of
                                                                 the contract in the event of several tenders being
                                                                 made at the same price ;
Whereas Commission Regulation (EEC) No 189/68 of
 16 February 1968 on certain detailed rules for the
disposal of oilseeds bought in by intervention agen­             Whereas the measures provided for in this Regulation
cies (3), as last amended by Regulation (EEC) No                 are in accordance with the opinion of the Manage­
 1687/76 (4), laid down the conditions for sale by               ment Committee for Oils and Fats,
tender on the Community market of seeds held by
intervention agencies ; whereas, in view of the present
situation of the market for seeds in the Community, it
is unlikely that the quantities held by the German
and Danish intervention agencies can be sold in accor­
dance with the price conditions laid down in Article 5           HAS ADOPTED THIS REGULATION :
of Regulation (EEC) No 189/68 ; whereas, therefore,
special measures must be taken to dispose of these
oilseeds ;
                                                                                          Article 1
Whereas colza and rapeseed can at present be
marketed in the Community at a price which accords
more closely with the actual market situation than the            1 . There shall be put up for sale by tender on the
price fixed in accordance with the said Article 5 ;              Community market two lots of a total quantity of
                                                                 approximately 1 092 tonnes of colza and rapeseed
                                                                 held by the German intervention agency and two lots
Whereas, in order to ensure favourable selling condi­            of a total quantity of approximately 963 tonnes of
tions, the seeds should be put up for sale in lots ;             colza and rapeseed held by the Danish intervention
                                                                 agency, which were bought in during the 1977/78
                                                                 marketing year.
Whereas a security should be provided to ensure the
observance of the obligations involved in the submis­
                                                                 2. The provisions of Regulation (EEC) No 189/68
(!) OJ   No 172, 30. 9. 1966, p. 3025/66.                        shall apply, subject to those of this Regulation.
(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.
C)  OJ   No L 190, 14. 7. 1976, p. 1 .                           (') OJ No L 116, 28 . 4. 1978, p. 4.
 ---pagebreak--- No L 260/8                        Official Journal of the European Communities                              23 . 9 . 78
                        Article 2                                                     Article 5
The notice of invitation to tender shall be published        In the light of the tenders submitted, there shall be
in the Official Journal of the European Communities          fixed in accordance with the procedure laid down in
not less than 10 days before the final date for the          Article 38 of Regulation No 136/66/EEC a minimum
submission of tenders. This date shall be 6 October
                                                             price for the seeds held by the German intervention
1978, not later than 2 p.m.                                  agency and a minimum price for those held by the
                                                             Danish intervention agency.
                        Article 3
                                                             The prices shall be fixed, ex storage depot, for oilseeds
1 . No tender shall be accepted unless it states a           of the standard quality for which intervention prices
price per lot, delivery ex storage depot.                    are fixed. Where the oilseeds offered for sale are not
The costs of weighing, sampling and analysis shall be        of the said standard qudity, their weight shall be deter­
borne by the intervention agency. Any other exit costs       mined by the method described in the Annex to
arising shall be borne by the purchaser.                     Commission Regulation (EEC) No 1204/72 of 7 June
                                                              1972 laying down detailed rules for the application of
2. Tenders shall be valid only if accompanied by a           the subsidy system for oilseeds ('), as last amended by
security of two units of account per 100 kilograms.          Regulation (EEC) No 1856/78 (2), and the selling price
The security may be provided in cash or in the form          shall be increased or reduced as specified in the
                                                             Annex to Commission Regulation No 282/67/EEC of
of a guarantee satisfying the criteria laid down in the
                                                              11 July 1967 on detailed rules for intervention for
Federal Republic of Germany and in the Kingdom of
Denmark.                                                     oilseeds (3), as last amended by Regulation (EEC) No
                                                              1512/78 (4).
                        Article 4
                                                                                      Article 6
The security referred to in Article 3 (2) shall be
released where :                                             Subject to the minimum prices referred to in Article
(a) the tenderer has not withdrawn his tender before         5, the contract shall in each case be awarded to the
    the award of the contract and the tender has been        highest bidder.
    unsuccessful ;
(b) the successful tenderer, save in cases of force
                                                              If two or more tenderers tender at the same price, the
                                                             successful tenderer shall be chosen by lot.
     majeure, has paid to the intervention agency the
    amount corresponding to his tender, has taken
    over the oilseeds awarded to him under the tender                                 Article 7
    and has given proof that the oilseeds have been
    placed under control at an oil mill pursuant to          This Regulation shall enter into force on the day
    Article 2 of Regulation (EEC) No 2114/71 or have         following its publication in the Official Journal of
    been exported.                                            the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 22 September 1978 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                            Vice-President
                                                             (») OJ No L 133, 10. 6. 1972, p. 1 .
                                                             $ OJ No L 212, 2. 8. 1978, p. 8.
                                                             (3) OJ No 151 , 13. 7. 1967, p. 1 .
                                                             (<) OJ No L 178, 1 . 7. 1978, p. 58.