CELEX: 31984R0467
Language: en
Date: 1984-02-24 00:00:00
Title: Commission Regulation (EEC) No 467/84 of 23 February 1984 amending for the third 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

24. 2. 84                           Official Journal of the European Communities                            No L 53/29
                                 COMMISSION REGULATION (EEC) No 467/84
                                                  of 23 February 1984
              amending for the third , 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                                 Committee for Products Processed from Fruit and
 COMMUNITIES,                                                  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                                Article 1
from the 1981 harvest held by storage agencies ('), and
in particular Article 1 (5) thereof,                           Regulation (EEC) No 2108/83 is hereby amended as
                                                               follows :
Whereas dried grapes and dried figs are stored in
bags ; whereas the minimum selling price fixed                 1 . Article 4 (1 ) is replaced by the following :
pursuant to the provisions of Article 5 ( 1 ) of Commis­
sion Regulation (EEC) No 2108/83 (2), as last amended              '1.    A tender shall not be valid unless it :
by Regulation (EEC) No 3335/83 (3), covers only
products not put up in bags ; whereas tenderers should             (a) contains the details referred to in Article 8 (2) of
indicate whether or not the products are to be taken                    Regulation (EEC) No 3263/81 and in paragraph
                                                                        5 of this Article, and
over in bags ; whereas, in cases where the products are
to be taken over in bags, rules for settling payment for,          (b) is accompanied by a written undertaking by the
or the return of, the bags should be laid down by the                   tenderer to the effect that he will have the
competent authorities of the Member States ;                            products processed solely into products falling
                                                                        within heading No 23.07 of the Common
Whereas tenderers should be permitted to request that                   Customs Tariff or denatured in such a way that
the products be fumigated before they are taken over ;                  they cannot be used subsequently for human
whereas this request should be made in the tender ;                     consumption or incorporated into products for
whereas, for practical reasons, the products should                     human consumption.'
remain in bags until fumigation, if requested, has been
carried out ;                                                  2. The following paragraphs are added to Article 4 :
                                                                   ' 5.   In the tender shall be indicated in addition to
Whereas tenderers cannot make claims in respect of
the quality or characteristics of a product awarded to             the details referred to in Article 8 (2) of Regulation
them ; whereas, in cases where it is evident that the              (EEC) No 3263/81 :
whole content of a bag is unfitted for the specific use,           (a) whether the products are to be taken over in
such bag should be separated by the storage agency                      bags or in bulk ;
and not delivered from stock ;
                                                                   (b) whether or riot fumigation is requested before
Whereas, in cases where products are intended for                       the products leave the control of the storage
processing in a Member State other than that in which                   agency.
they are stored, they must be accompanied by specific
control documents ; whereas to ensure the necessary                6. In cases where the tenderer has requested
control of the products, no handlings other than those             fumigation, the products shall remain in bags until
indicated in the tender should be allowed before the               fumigation has taken place.
products are dispatched ;
                                                                   7. Where fumigation has been requested or the
Whereas the measures provided for in this Regulation               products are to be taken over in bags in accordance
are in accordance with the opinion of the Management               with the tender, the tenderer shall pay for the bags
                                                                   or ensure that they are returned to the storage
                                                                   agency in accordance with the rules indicated in
(') OJ No L 159 , 17. 6 . 1983, p. 5.                              the specific invitation to tender drawn up by the
(z) OJ No L 204, 28 . 7. 1983, p . 41 .
(3) OJ No L 330, 26. 11 . 1983, p. 19 .                            storage agency.
 ---pagebreak--- No L 53/30                         Official Journal of the European Communities                            24. 2. 84
    The fees for the fumigation shall be paid in addi­          weighing on balances approved by the authorities
    tion to the price for the products. The fees shall be        competent for verification of balances.'
    fixed by the competent authorities in the Member
    State in which the products are stored.'                 4.     The following paragraph is added to Article 8 :
                                                                '5. In cases where products are intended for
                                                                 processing in a Member State other than that in
3 . The following Article 4a is inserted :
                                                                which they are stored, the products shall be
                                                                dispatched :
    'Article 4a
                                                                (a) in bulk, and/or
                                                                 (b) without fumigation,
    1 . In cases where practically the whole content
                                                                 unless indicated otherwise in the tender in accord­
    of a bag is unfitted for animal fodder, in particular
    as determined by the smell of the products, such             ance with the provisions of Article 4 (5).'
    bag shall be separated by the storage agency and
    not delivered from stock.                                                        Article 2
                                                             This Regulation shall enter into force on the day
    2. The storage agency shall ensure that the quan­        following its publication in the Official Journal of the
    tity of products delivered is determined by              European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 23 February 1984.
                                                                       For the Commission
                                                                         Poul DALSAGER
                                                                   Member of the Commission