CELEX: 31979R1170
Language: en
Date: 1979-06-14 00:00:00
Title: Commission Regulation (EEC) No 1170/79 of 14 June 1979 laying down conditions for invitations to tender for colza and rape seed held by the Belgian intervention agency

No L 147/38                            Official Journal of the European Communities                              15. 6. 79
                                  COMMISSION REGULATION (EEC) No 1170/79
                                                       of 14 June 1979
               laying down conditions for invitations to tender for colza and rape seed held by
                                              the Belgian intervention agency
THE COMMISSION OF THE EUROPEAN                                   Whereas the minimum selling price that most closely
COMMUNITIES,                                                     corresponds to the actual market situation may be
                                                                 determined on the basis of the tenders received ;
Having regard to the Treaty establishing the European
Economic Community,                                              Whereas the measures provided for in this Regulation
                                                                 are in accordance with the opinion of the Manage­
                                                                 ment Committee for Oils and Fats,
Having regard to Council Regulation No 136/66/EEC
of 22 September 1966 on the establishment of a
common organization of the market in oils and
fats (*), as last amended by Regulation (EEC) No
590/79 (2), and in particular Article 26 (3) thereof,             HAS ADOPTED THIS REGULATION :
Whereas during the 1978/79 marketing year the
Belgian intervention agency bought in certain quanti­                                     Article 1
ties of colza and rape seed pursuant to Article 26 of
Regulation No 136/66/EEC ;
                                                                  1.    There shall be put up for sale by tender one lot
                                                                  of a total quantity of approximately 60 tonnes of colza
Whereas Commission Regulation (EEC) No                            and  rape seed held by the Belgian intervention agency
 189/68 (3), as last amended by Regulation (EEC) No               and   bought in during the 1978 /79 marketing year.
 1 687/76 (4), laid down the conditions for sale by
tender on the Community market of oil seeds held by
intervention agencies ; whereas, in view of the present           2. The provisions of Regulation (EEC) No 189/68
situation on the Community oil seeds market, it is                shall apply, subject to those of this Regulation.
unlikely that the quantities held by the Belgian inter­
vention agency can be sold in accordance with the
price conditions laid down in Article 5 of Regulation                                     Article 2
(EEC) No 189/68 ; whereas, therefore, special
measures must be taken to dispose of these oil seeds ;
                                                                  The notice of invitation to tender shall   be published
                                                                  in the Official Journal of the European    Communities
Whereas colza and rape seed can at present be                     not less than 10 days before the final      date for the
 marketed in the Community at a price which accords               submission of tenders. This date shall      be 25 June
 more closely with the actual market situation than               1979, at 2 p.m . (local time).
 that fixed in accordance with the said Article 5 ;
Whereas a security should be required in order to                                         Article 3
 ensure compliance with the obligations involved in
 the submission of a tender ; whereas, moreover, that
 security should be such as to prevent the seeds sold by          1.    No tender shall be accepted unless it states a
 tender from being offered for intervention a second              price per lot, delivery ex storage depot.
 time ; whereas the security should therefore be for­
 feited unless the successful tenderer provides proof             The costs of weighing, sampling and analysis shall be
 that the seeds have been placed under control at an              borne by the intervention agency. Any other exit costs
 oil mill pursuant to Article 2 of Council Regulation             arising shall be borne by the purchaser.
 (EEC) No 2114/71 (5), as last amended by Regulation
 (EEC) No 851 /78 (6), or have been exported ;
                                                                  2. Tenders shall be valid only if accompanied by a
P)  OJ   No 172, 30. 9. 1966, p. 3025/66.                         security of 5 ECU per 100 kilograms.
(2) OJ   No L 78, 30 . 3. 1979, p. 1 .
(}) OJ   No L 43, 17. 2. 1968, p. 7.                              The security may be provided in cash or in the form
(<) OJ   No L 190, 14. 7. 1976, p. 1 .
(*) OJ   No L 222, 2. 10. 1971 , p. 2.                            of a guarantee satisfying the criteria laid down in the
(4) OJ   No L 116, 28 . 4. 1978, p. 4.                            Kingdom of Belgium.
 ---pagebreak--- 15. 6. 79                           Official Journal of the European Communities                        No L 147/39
                       Article 4                              Commission Regulation (EEC) No 1 204/72 ('), as last
                                                              amended by Regulation (EEC) No 2980/78 (2), and the
The security referred to in Article 3 (2) shall be            selling price shall be increased or reduced as specified
released where :
                                                              in the Annex to Commission Regulation No 282/
(a) the tenderer has not withdrawn his tender before          67/EEC (3), as last amended by Regulation (EEC) No
    the award of the contract and the tender has been          1512/78 (4).
    unsuccessful ;               <
(b) the successful tenderer, save in case of force                                     Article 6
     majeure, has paid to the intervention agency the          If no sale takes place a new notice of invitation to
    amount corresponding to his tender, has taken             tender shall be published in the Official Journal of
    over the oil seeds awarded to him under the
                                                               the European Communities not less than 10 days
    tender and has given proof that the oil seeds have        before the second expiry date for the submission of
    been placed under control at an oil mill pursuant         tenders. The latter shall be 16 July 1979, at 2 p.m.
    to Article 2 of Regulation (EEC) No 2114/71 or            (local time).
    have been exported.
                                                                                        Article 7
                       Article 5
                                                              Subject to the minimum price referred to in Article 5,
In the light of the tenders submitted, a minimum               the contract shall be awarded to the highest bidder.
price for the seeds shall be fixed in accordance with
the procedure laid down in Article 38 of Regulation            If two or more tenderers tender at the same price, the
No 136/ 66/ EEC.                                              successful tenderer shall be chosen by lot.
The price shall be fixed, ex storage depot, for oil seeds                               Article 8
of the standard quality for which intervention prices
are fixed. Where the oil seeds offered for sale are not       This Regulation shall enter into force on the day
of the said standard quality, their weight shall be deter­     following its publication in the Official Journal of
mined by the method described in the Annex to                  the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 14 June 1979.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President
                                                               (>) OJ No L 133, 10. 6. 1972, p. 1 .
                                                               (2) OJ No L 355, 19 . 12. 1978, p. 17.
                                                               (») OJ No 151 , 13. 7. 1967, p. 1 .
                                                               (♦) OJ No L 178, 1 . 7. 1978, p. 58 .