CELEX: 31983R2108
Language: en
Date: 1983-07-28 00:00:00
Title: Commission Regulation (EEC) No 2108/83 of 27 July 1983 opening a standing invitation to tender for the sale of dried grapes and dried figs from the 1981 harvest intended for specific uses

28 . 7. 83                            Official Journal of the European Communities                          No L 204/41
                                   COMMISSION REGULATION (EEC) No 2108/83
                                                        of 27 July 1983
                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                                    Whereas the measures provided for in this Regulation
 COMMUNITIES,                                                     are in accordance with the opinion of the Management
                                                                   Committee for Products Processed from Fruit and
                                                                  Vegetables,
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                  HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No
 1603/83 of 14 June 1983 laying down special
 measures for the disposal of dried grapes and dried figs
 from the 1 98 1 harvest held by storage agencies ('), and                                 Article 1
 in particular Article 1 (5) thereof,
                                                                   1.    Dried grapes and dried figs bought in by storage
                                                                  agencies prior to 1 September 1982 shall be sold for
 Whereas Regulation (EEC) No 1603/83 provides for                 purpose other than human consumption and distilla­
sales of dried figs and dried grapes from the 1981                tion .
harvest to processors using them for purposes other
than human consumption ; whereas that is a new use                2.     Products shall be sold in accordance with the
for the products in question ; whereas the standing               standing invitation to tender procedure, each of the
invitation to tender procedure is the most suitable one           storage agencies being responsible for the products it
for such sales ;                                                  holds .
Whereas a processing security should be required in               3 . Articles 6 to 9, 11 to 15, 16 ( 1 ), 17 ( 1 ) and 18 to
order to guarantee that the products are used for the             21 of Regulation (EEC) No 3263/81 shall be appli­
purpose specified ;                                               cable to the sales provided for in paragraph 1 .
                                                                  4. A processing security shall be required in order
Whereas Commission Regulation (EEC) No 3263/81                    to guarantee compliance with the obligations entered
of 16 November 1981 laying down rules covering sales              into by the tenderer.
by tender or at prices fixed in advance of dried figs
and dried grapes held by storage agencies (2) lays down
provisions for sales by tender of products for human                                       Article 2
consumption ; whereas some of these provisions
should also be applied to products sold under this                1 . The storage agency shall, during the period of
Regulation ;                                                      validity of the standing invitation to tender, issue
                                                                  partial invitations to tender. Each partial invitation to
                                                                  tender shall relate to the products referred to in Article
Whereas Commission Regulation (EEC) No 1687/76                    1 which are still available .
of 30 June 1976 laying down common detailed rules
for verifying the use and/or destination of products              2. The closing date for the submission of tenders
from intervention (3), as last amended by Regulation
(EEC) No 1657/83 (4), specifies particular measures               for the first partial invitation to tender shall be 12
applicable to products from intervention intended for             August 1983 at 1 p.m . and, for the second partial invi­
                                                                  tation to tender, 5 September 1983 at 1 p.m. The
a specific use and/or destination ; whereas products              closing date for the submission of tenders for each
from storage agencies are in a similar situation to               subsequent partial invitation to tender shall be the
products covered by the abovementioned Regulation ;               fifth of each month at 1 p.m . If the fifth is a public
whereas the provisions of that Regulation should also             holiday, the closing date shall be the first working day
be applicable to products sold pursuant to this Regula­           thereafter at 1 p.m.
tion ;
                                                                  3 . Information concerning the quantities available
(') OJ   No  L 159, 17. 6. 1983, p. 5.                            and the places where the products are stored may be
0   OJ   No  L 329, 17. 11 . 1981 , p. 8 .
0   OJ   No  L 190, 14. 7. 1976, p. 1 .                           obtained by those concerned from the addresses listed
(4) OJ   No  L 162, 22. 6. 1983, p . 10 .                         in Annex I.
 ---pagebreak---  No L 204/42                         Official Journal of the European Communities                                28 . 7. 83
                        Article 3                              market price for the products and the minimum price
                                                               fixed.
The storage agency shall make the necessary arrange­
ments to enable those concerned to examine, at their           3.     The exchange rate used to convert the minimum
expense, samples of the products for sale, before              selling price referred to in paragraph 1 and the price
submitting a tender.                                           payable by the successful tenderers shall be the repre­
                                                               sentative rate in force on the closing date for the
                                                               submission of tenders for the relevant partial invitation
                                                               to tender.
                        Article 4
 1.    A tender shall not be valid unless it contains the                              Article 6
details referred to in Article 8 (2) of Regulation (EEC)
No 3263/81 and is accompanied by a written under­              1 . Where the quantity specified in a tender exceeds
taking by the tenderer to the effect that he will have         the quantity of products still available from the ware­
the products processed solely into products falling            house concerned, an award shall be made to the
within heading No 23.07 of the Common Customs                  tenderer in question for the quantity available only.
Tariff or denatured in such a way that they cannot be
used subsequently for human consumption or incor­              2.     The rights and obligations arising from the invi­
                                                               tation to tender shall not be transferrable .
porated into products for human consumption.
2.     It may be indicated in a tender that it is to be                                Article 7
regarded as having been submitted only if :
                                                               1 . Where the payment referred to in Article 20 of
(a) the award relates to the entire quantity specified in      Regulation (EEC) No 3263/81 has been made, and the
     the tender ;                                              security referred to in Article 5 (2) provided, the
(b) the award relates to the quantity specified in the         storage agency shall issue a removal voucher indicat­
     tender.                                                   ing :
                                                               (a) the quantity in respect of which the conditions
3. The tender may not be withdrawn after the                        referred to above have been satisfied ;
closing date referred to in Article 2 (2) for the submis­      (b) the warehouse where the products are being
sion of tenders for the partial invitation to tender in             stored ;
question.
                                                               (c) the time limit for taking delivery of the products ;
4.     Tenders must be submitted in writing :                  (d) the closing date for the submission of tenders
                                                                    relating to the partial invitation to tender under
— in the case of products held by the Greek storage                 which the products were sold.
     agency, to the relevant storage agency, at the head
     office of IDAGEP, 5, Acharnon Street, Athens,             2. Where the payment referred to in Article 20 of
— in the case of products held by an Italian storage           Regulation (EEC) No 3263/81 has been made but the
     agency, to the relevant storage agency, at the head       products have not been removed within the period
     office of AIMA, via Palestro, 81 , Rome.                  referred to in Article 19 ( 1 ) of that Regulation, the
                                                               storage costs shall be borne by the successful tenderer
                                                               from the day after the day referred to in paragraph 1
                        Article 5
                                                               (c)-
 1 . In the light of the tenders received for each                                     Article 8
partial invitation to tender a minimum selling price
shall be fixed in accordance with the procedure laid            1 . The provisions of Regulation (EEC) No 1687/76
down in Article 20 of Council Regulation (EEC) No              shall apply to products sold pursuant to this Regula­
                                                               tion .
 516/77 (■).
 It may be decided not to make an award.                       2. Products shall be regarded as having satisfied the
                                                               conditions relating to their use if it is established that :
 2. At the same time as the minimum selling price,             — they have been used in the manufacture of
and in accordance with the same procedure, the                      products falling within heading No 23.07 of the
amount of the processing security referred to in Article            Common Customs Tariff, or
 1 (4) shall be fixed per 100 kilograms, account being         — they have been denatured in such a way that they
taken, in particular, of the difference between the                 cannot be used subsequently for human consump­
                                                                    tion or incorporated into products for human
(>) OJ No L 73, 21 . 3. 1977, p. 1 .                                consumption.
 ---pagebreak--- 28 . 7. 83                          Official Journal of the European Communities                         No L 204/43
3. The special endorsements to be entered in                      provided the processing security referred to in
sections 104 and 106 of the control copy shall be                 Article 5 (2) of this Regulation.
those set out in Annex II .
                                                              2. Where a tender is not accepted, the security
                                                              provided in respect of that tender shall be released
                         Article 9                            immediately.
                                                              3. Except in cases of force majeure, the processing
 1 . Except in cases of force majeure, the security           security referred to in Article 5 (2) shall be forfeit in
referred to in Article 16 ( 1 ) of Regulation (EEC) No        proportion to the quantities for which the evidence
3263/81 shall be forfeit in respect of the quantity for       referred to in Regulation (EEC) No 1687/76 has not
which the tenderer :                                          been furnished within 18 months from the closing
                                                              date for the submission of tenders referred to in
(a) has withdrawn his tender after the closing date for       Article 2 (2).
     the submission of tenders referred to in Article 2
     (2); or                                                                         Article 10
(b) has not, within the time limit specified, paid the        This Regulation shall enter into force on the day
     amount specified in the tender as referred to in         following its publication in the Official Journal of the
    Article 17 ( 1 ) of Regulation (EEC) No 3263/81 or        European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 27 July 1983 .
                                                                       For the Commission
                                                                          Poul DALSAGER
                                                                   Member of the Commission
 ---pagebreak--- No L 204/44                         Official Journal of the European Communities                               28 . 7. 83
                                                         ANNEX I
                                 List of storage agencies referred to in Article 2 (3)
                                                      A. Dried grapes
             1 . K.SOS, Kanaris Street 24, Athina, Greece.
             2. Enosis Georgicon Sineterismon Iracliou Critis, Iraclio Critis, Greece .
             3 . Enosis Georgicon Sineterismon Messaras, Mires Iracliou Critis, Greece.
            4. Enosis Georgicon Sineterismon Monofatsiou, Assimi Iracliou Critis, Greece.
            5. Eleourgicos, Oinopiiticos ke Pistoticos Sineterismos Archanon Critis, Archanes Critis, Greece.
            6. Eleourgicos ke Oinopiiticos Sineterismos Casteliou Pediados Critis, Casteli Pediados Critis,
                 Greece .
            7. Eleourgicos Sineterismos Kroussonos Iracliou Critis, Iraclio Critis, Greece.
            8 . Enosis Paragogicon Sineterismon Pezon, Kalloni Iracliou Critis, Greece.
            9. Enosis Paragogicon Sineterismon, Melopotamos Critis, Greece.
          10 . Enosis Paragogicon Sineterismon, Sitia Critis, Greece.
                                                           B. Figs
          1 . Sykiki, Kritis Street 13, Kalanjata, Greece.
          2. Giat, Monfrassano Scalo, 87010 Cosenza, Italy.
                                                        ANNEX II
                 Special endorsements to be entered in sections 104 and 106 of the control copy
          Section 104 : 'For processing (Regulation (EEC) No 2108/83)'.
                          'Til forarbejdning (forordning (EØF) nr. 2108/83).
                          'Zur Verarbeitung (Verordnung (EWG) Nr. 2108/83).
                          ' Για μεταποίηση (κανονισμός (ΕΟΚ.) αριθ. 2108/83).
                          'Destiné à la transformation (règlement (CEE) n0 2108/83).
                          'Destinato alla trasformazione (regolamento (CEE) n. 2108/83).
                          'Voor verwerking (Verordening (EEG) nr. 2108/83).
          Section 106 : 'The closing date for the submission of tenders for the partial invitation to tender .