CELEX: 31981R1322
Language: en
Date: 1981-05-19 00:00:00
Title: Commission Regulation (EEC) No 1322/81 of 18 May 1981 on the sale for export to Poland of colza held by the French intervention agency

19 . 5 . 81                         Official Journal of the European Communities                        No L 132/ 19
                                  COMMISSION REGULATION (EEC) No 1322/81
                                                     of 18 May 1981
                 on the sale for export to Poland of colza held by the French intervention agency
THE COMMISSION OF THE EUROPEAN                                 agency, shall be put up for sale by tender for export to
 COMMUNITIES,                                                  Poland ; this seed shall be from intervention during
                                                               the 1980/81 marketing year.
 Having regard to the Treaty establishing the European
 Economic Community,                                           2. The consignments of colza must be withdrawn
                                                               not later than 20 June 1981 . Export must be carried
 Having regard to Council Regulation No 136/66/EEC             out before 10 July 1981 .
of 22 September 1966 on the establishment of a
common organization of the market in oils and
 fats (1), as last amended by the Act of Accession of
                                                                                       Article 2
Greece, and in particular Article 26 (3) thereof,
Whereas the European Council, at its meeting in                 1 . A notice of sale shall be posted by the Societe
 Luxembourg on 1 and 2 December 1980, agreed to                interprofessionelle des oleagineux, hereinafter referred
assist Poland to purchase certain quantities of agricul­       to as 'SIDO', at its headquarters, 174 Avenue Victor
tural products within the Community ;                          Hugo, F-75116 Paris (telephone 727 15 80) not later
                                                               than 19 May 1981 . This notice shall state the quanti­
Whereas the Community has stocks of colza held by              ties and places where the consignments of colza are
the French intervention agency ; whereas Community             stored .
exporters should be allowed to obtain supplies from
 that intervention agency for export to Poland ;               2.     Tenders shall be submitted in writing to SIDO.
                                                               The time limit for submission of tenders shall be 25
Whereas the sale of colza provided for by Commis­              May 1981 at 2 a.m . (local time).
sion Regulation (EEC) No 3383/80 (2), as last amended
by Regulation (EEC) No 1088/81 (3), has not had the
results anticipated ; whereas it is /therefore necessary to                            Article 3
provide for sale by tender of the' said seed, with a view
to fixing a minimum sale price a posteriori ;
                                                                1 . Applications may be made for one or several
Whereas, in order to ensure that the said products             consignments.
reach their destination, the sale must be made subject
to the applicant submitting a purchase agreement by            2. Only tenders which state a price per consign­
the Polish authorities, and to provision of a security ;       ment, ex store at the place of storage shall be
                                                               accepted.
Whereas, in view of the special nature of this sale, it
should be laid down that the product in question may           The cost of weighing, taking samples and analysis
not be eligible for the export refund ;                        shall be borne by the intervention agency. Other with­
                                                               drawal costs shall be borne by the purchaser.
Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Manage­
ment Committee for Oils and Fats,                              3.     Applications to purchase shall be valid only if
                                                               they are accompanied by :
                                                               (a) a security of 5 ECU per 1 00 kilograms ;
HAS ADOPTED THIS REGULATION :                                  (b) an undertaking by the applicant to export the seed
                                                                    purchased to Poland ;
                          Article 1
                                                               (c) a copy of a purchase agreement from the compe­
                                                                    tent Polish authorities made out in favour of the
                                                                    applicant showing the quantity of colza applied
 1.     19 consignments of colza of a total quantity of             for.
some 25 000 tonnes, held by the French intervention
(!) OJ No 172, 30 . 9 . 1966, p. 3025/66.                      The French administration shall take all the necessary
(2) OJ No L 355, 30 . 12. 1980 , p. 40 .                       steps to ensure that purchasers comply with the under­
P) OJ No L 113 , 25. 4. 1981 , p. 15.                          takings referred to at point (b).
 ---pagebreak--- No L 132/20                               Official Journal of the European Communities                            19 . 5. 81
The security shall be in cash or in the form of a                    If several tenders are made at the same price, the
guarantee provided by an establishment which                        award shall be made to the party tendering for the
complies with the criteria fixed by France.                         greatest quantity.
The security shall be released where no sale results
from the application.                                                If several tenders cover the same price and quantity,
The security shall also be released when a contract of               the award shall be made by drawing lots.
sale is concluded.
4.    When the contract of sale is concluded, the                                           Article 6
purchaser shall provide the intervention agency in
question with a guarantee that the contract will be                  1 . Final payment shall be made not later than the
executed .                                                          day following completion of withdrawal of the
                                                                    consignments of colza referred to in Article 1 .
The guarantee shall amount to 42 ECU per 100 kilo­
grams and shall be provided by an establishment
which complies with the criteria fixed by France.                   2.     If withdrawal is not completed within the time
                                                                    limit laid down :
The guarantee shall be released when the purchaser
provides proof that the colza in question has been                  (a) the colza shall remain stored at the purchaser's
                                                                         risk ;
imported into Poland.
                                                                    (b) the purchaser shall pay the intervention agency in
                             Article 4                                   question a storage charge calculated on the basis
                                                                         of the quantity to be withdrawn and equal to 0-5
Taking into account tenders received, a minimum sale                     ECU per 100 kilograms for each 30 day period or
price shall be fixed pursuant to the procedure laid                      fraction of such period of additional storage.
down in Article 38 of Regulation No 136/66/EEC.
This price shall be fixed ex store for seed of standard                                     Article 7
quality for which intervention prices are fixed. If the
seed offered for sale is not of the said standard quality,
the weight shall be determined in accordance with the               The colza in question shall not qualify for export
                                                                     refunds .
method defined in the Annex to Commission Regula­
tion (EEC) No 1 204/72 (*), as last amended by Regula­
tion (EEC) No 1202/81 (2), and the sale price shall be
                                                                                            Article 8
weighted by the increases or reductions referred to in
the Annex to Commission Regulation No 282/
67/EEC (3), as last amended by Regulation (EEC) No                   Regulation (EEC) No 3383/80 is hereby repealed.
1743/80 (4).
                                                                                            Article 9
                             Article 5
Subject to the minimum price referred to in Article 4,              This Regulation shall enter into force on the day of its
the tenderer who offers the highest price shall be                   publication in the Official Journal of the European
successful .                                                         Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 18 May 1981 .
                                                                                For the Commission
                                                                                  Poul DALSAGER
                                                                           Member of the Commission
0)  OJ No    L 133,  10 . 6. 1972, p. 1 .
(2) OJ No    L 122,  6. 5. 1981 , p. 19.
(3) OJ No    L 151 , 13. 7. 1967, p. 1 .
(4) OJ No    L 171 , 4. 7. 1980, p . 11 .