CELEX: 31976R0660
Language: en
Date: 1976-03-25 00:00:00
Title: Commission Regulation (EEC) No 660/76 of 25 March 1976 authorizing the supply to the processing industries of oranges withdrawn from the market, and laying down the conditions for such supply

No L 80/ 12                           Official Journal of the European Communities                             26. 3 . 76
                                 COMMISSION REGULATION (EEC) No 660/76
                                                     of 25 March 1976
               authorizing the supply to the processing industries of oranges withdrawn from
                         the market, and laying down the conditions for such supply
THE COMMISSION OF THE EUROPEAN                                  is carried out correctly, provision should be made
COMMUNITIES,                                                    whereby certain particulars must appear in the tender,
                                                                in particular as regards the prices and quantities in
Having regard to the Treaty establishing the European           respect of which the tender is made ;
Economic Community,
                                                                Whereas tenders submitted by interested parties must
                                                                be assessed on the basis of the price offered ; whereas
Having regard to Council Regulation (EEC) No                    quantities have to be allocated as they become avail­
1035/72 of 18 May 1972 on the common organization               able and in the order in which the tenderers are listed,
of the market in fruit and vegetables ('), as last              beginning with those offering the highest prices ;
amended by Regulation (EEC) No 2482/75 (2), and in
particular Article 21 ( 1 ) and (4) thereof,
                                                                Whereas it is necessary to adopt measures ensuring
                                                                 that the product allocated is actually processed ;
Whereas certain quantities of oranges of pigmented               whereas, to this end, a processing deposit must be
varieties have been withdrawn from the market ;                  lodged, the amount of which should be calculated so
whereas, by reason of technical difficulties in                  as to ensure observation of this obligation ;
processing and preserving, these products have not
been able to be processed with a view to free distribu­          Whereas the Management Committee for Fruit and
tion to the persons visualized in Article 21 ( 1 ) (a) of        Vegetables has not delivered an opinion within the
Regulation (EEC) No 1035/72 ;                                    time limit set by its Chairman,
Whereas in order to limit the risk of destruction of
these products, it appears necessary, given the present
possibilities of processing and of the distribution of
                                                                 HAS ADOPTED THIS REGULATION :
the products of such processing, to authorize the
supply to the processing industries, up to the end of
April 1976, of pigmented oranges withdrawn from the
market ; whereas it appears necessary, moreover, to                                     Article 1
limit this supply to the anticipated withdrawals of
these products in the course of the present season ;
                                                                 Oranges of the varieties of the Sanguinello group, and
                                                                 of the Sanguigno group, withdrawn from the market
Whereas the supply to the processing industries of               under the provisions of Article 1 8 of Regulation (EEC)
products which have been the subject of intervention             No 1035/72, up to 30 April 1976 or bought in up to
should be effected in such a manner as to avoid distor­          the same date, in conformity with Article 19 of the
tion of competition between the industries                       Regulation , may be supplied, up to 25 000 metric
concerned ; whereas the tendering procedure or public            tons, to the processing industries, under the condi­
auction appear appropriate to that end ;                         tions laid down in the following Articles.
Whereas, with the same object, a minimum sale price
should be fixed, taking account of the normal price of                                  Article 2
supplies to the industry ;
                                                                  1 . Supply to the processing industries shall be
Whereas, to allow all industries the chance to make               effected by means of a standing invitation to tender or
an offer, it is necessary to give appropriate publicity to        a public auction by the agency appointed by the
 the notice to processors ;                                       Member State concerned, under conditions such that
                                                                  equality of access to the product to be transformed
                                                                  and equality of treatment as between undertakings are
Whereas the invitation to tender or notice of public              assured .
auction must state the basic conditions of the proce­
dure ; whereas to ensure that the tendering procedure
                                                                  2. The minimum sale price shall be 29-10 units of
(») OJ No L 118, 20 . 5. 1972, p. 1 .                             account per metric ton net, on leaving the warehouse
(2 OJ No L 254, 1 . 10 . 1975, p. 3.                              in which the merchandise is stored .
 ---pagebreak--- 26 . 3 . 76                        Official Journal of the European Communities                          No L 80/ 13
                         Article 3                           cate quantities of products in accordance with the
                                                             criteria laid down in paragraph 1 .
 1 . Each standing invitation to tender may consist of
several series of tenders. Public notice must be given
of invitations to tender within the framework of this                                Article 6
procedure .
                                                             Whenever a tender is not accepted, the tenderer shall
2. The invitation to tender shall give all relevant          be informed of the fact immediately by the agency
information concerning, in particular :                      appointed by the Member State concerned.
(a) the period during which products are likely to be        At the end of the period for which the invitation to
     available ;                                             tender is valid, that agency shall notify each processor
(b)  the  nature of the products to be sold ;                whose tender has not been fulfilled owing to lack of
                                                             products.
(c)  the areas in which the products are to be stored ;
(d)  the  closing date for each series of tenders ;
                                                                                     Article 7
(e)  the  agency to which tenders must be submitted.
                                                              1 . Where products are sold by public auction, the
                         Article 4                           agency must, in a notice of sale by auction, give all
                                                             information concerning :
 1 . Interested parties shall submit their tenders by        — the period during which the products are likely to
registered post with recorded delivery, by telex or by            be available ,
telegram, to the agency appointed by the Member
State concerned .                                            — the nature of the products to be sold,
                                                             — the areas in which the products are stored,
2.     The tender shall specify :
                                                             — the date, time and place of each auction.
(a) the name and address of the party concerned ;
(b) the quantity of product to which the tender refers,      2. Any other information, in particular concerning
     expressed in metric tons ;
                                                             the quantities and characteristics of the products for
                                                             sale, shall forthwith be communicated to any inter­
(c) the price offered, per net weight in metric tons on      ested party on request.
     leaving the warehouse where the product is stored,
     expressed in the currency of the Member State
     where the tender is to take place ;                                             Article 8
(d) where appropriate, additional information required       Products sold by public auction shall be allocated to
     under the notice to processors .                        the person or persons offering the most favourable
                                                             prices.
3.     A tender shall not be valid unless it is :
— in respect of at least one metric ton, and                                         Article 9
— made at least at the minimum price laid down in
     Article 2.                                              The successful tenderer or the purchaser at auction
                                                             shall, before delivery to him of the product allocated,
                                                             lodge a processing deposit of an amount of 51 units of
                         Article 5                           account per metric ton net.
1 . On the closing date for the first series of tenders,     The deposit shall be lodged either in the form of a
the agency appointed by the Member State concerned           cheque in favour of the agency appointed by the
shall classify the tenderers on the basis of the price       Member State in which supply takes place or of a
offered. Where the highest prices are equal , first place    bond complying with the criteria fixed by that
shall go to the tenderer who has bid for the largest         Member State .
quantity, or to a tenderer chosen by ballot where the
quantity of products bid for is also equal .
                                                                                     Article 10
Products shall be allocated, in order of the classifica­
tion, as quantities become available.                        1 . Processing of the product allocated shall be
                                                             supervised on the spot by the competent authority of
2. On the closing date for each subsequent series of         the Member State where processing takes place, or by
tenders that agency shall classify tenderers and alio­       any other agency appointed by it for that purpose.
 ---pagebreak---  No L 80/ 14                         Official Journal of the European Communities                           26. 3 . 76
2. Where processing takes place in a Member State                                      Article 12
other than that which sells the product, proof of               1 . When a Member State intends to apply the provi­
processing may be given only by production of the              sions of this Regulation, the agency appointed shall
control copy referred to in Article 1 of Commission            forthwith communciate to the agencies of the other
Regulation (EEC) No 2315/69 of 19 November 1969                Member States and to the Commission the invitation
on the use of Community transit documents for the
                                                               to tender provided for in Article 3 or the notice of
purpose of applying Community measures for veri­               sale by auction provided for in Article 7.
fying the use and/or destination of goods (1).
                                                               This communication must be made :
Sections 101 , 103 and 104 of the control copy shall be
completed. Section 104 shall be completed by dele­             — in respect of an invitation to tender, not less than
ting the entries not applicable and marking at the                  seven days before the closing date for the first
                                                                    series of tenders,
second indent one of the following entries :
                                                               — in respect of sale by auction, not less than seven
'destiné à la transformation au titre du règlement                  days before the date of the first sale.
(CEE) n° 660/76',
'Zur Verarbeitung gemäß Verordnung (EWG) Nr.                   The agency appointed shall, under the same condi­
660/76 bestimmt',                                              tions as those laid down in the first subparagraph,
                                                               communicate all amendments to the invitation to
 destinato alla trasformazione ai sensi del regolamento        tender or notice of public auction .
(CEE) n . 660/76',
'bestemd voor verwerking krachtens Verordening                 These amendments shall take effect only at the end of
(EEG) nr. 660/76',                                             seven days after the date of their communication .
'for processing under Regulation (EEC) No 660/76 ,             2. As soon as the communication provided for in
'bestemt til omdannelse i henhold til forordning               the first subparagraph of paragraph 1 has been made,
(EØF) nr. 660/76'.                                             there shall be published in the Official Journal of the
                                                               European Communities a notice publicising the inten­
                        Article 11
                                                               tion of the Member State concerned to apply the provi­
                                                               sions of this Regulation.
Save in cases of force majeure the deposit referred to
                                                                                       Article 13
in Article 9 shall be repaid only in respect of the quan­
tity for which the successful tenderer or the purchaser        The agency appointed by the Member State shall, as
at auction furnishes to the agency appointed by the            soon as each tender action or auction has been
Member State concerned :
                                                               completed, inform the Commission of the quantities
(a) supporting documents establishing that this quan­          of products supplied and the prices at which they
     tity has been processed, where processing takes           were supplied .
     place in the Member State which sells the
                                                                                       Article 14
     product ;
(b) proof of processing, given by the control copy             This Regulation shall enter into force on the day
     referred to in Article 10, where processing takes         following its publication in the Official Journal of
     place in another Member State.                             the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 25 March 1976 .
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                      Member of the Commission
(!) OJ No L 295, 24. 11 . 1969 , p. 14.