CELEX: 31976R2677
Language: en
Date: 1976-11-04 00:00:00
Title: Commission Regulation (EEC) No 2677/76 of 3 November 1976 laying down conditions for invitations to tender for colza and rape seed held by the German, Danish and British intervention agencies

No L 302/ 14                                Official Journal of the European Communities                               4. 11 . 76
                                     COMMISSION REGULATION (EEC) No 2677/76
                                                         of 3 November 1976
               laying down conditions for invitations to tender for colza and rape seed held by
                                 the German, Danish and British intervention agencies
THE COMMISSION OF THE EUROPEAN                                        be forfeited unless the successful tenderer provides
COMMUNITIES,                                                           proof that the seeds have been placed under control at
                                                                       an oil mill pursuant to Article 2 of Council Regula­
Having regard to the Treaty establishing the European                  tion (EEC) No 2114/71 of 28 September 1971 on the
Economic Community,                                                    subsidy for oil seeds (5), as amended by Regulation
                                                                      (EEC) No 2730/71 (6), or have been exported ;
Having regard to Council Regulation No 136/66/EEC                     Whereas the minimum selling price that most nearly
of 22 September 1966 on the establishment of a                         corresponds to .the actual market situation may be
common organization of the market in oils and                          determined on the basis of the tenders received ;
fats ('), as last amended by Regulation (EEC) No
1 707/73 (2), and in particular Article 26 (3) thereof,
                                                                      Whereas       the  contract  should     be awarded  to   the
                                                                       tenderer offering the highest price ; whereas, more­
Whereas during the 1975/76 and 1976/77 marketing                       over, there should be rules concerning the award of
years the ; German , Danish and British intervention                   the contract in the event of several tenders being
agencies each bought in certain quantities of colza                    made at the same price ;
and rape seed pursuant to Article 26 of Regulation No
136/ 66 / EEC,
                                                                       Whereas the measures provided for in this Regulation
                                                                       are in accordance with the opinion of the Manage­
Whereas Commission Regulation (EEC) No 189/68 of                       ment Committee for Oils and Fats,
16 February 1968 on certain detailed rules for the
disposal of oil seeds bought in by intervention agen­
cies (3), as last amended by Regulation (EEC) No
1 687/ 76 (4), laid down the conditions for sale by                    HAS ADOPTED THIS REGULATION :
tender on the Community market of seeds held by
intervention agencies ; whereas, in view of the present
situation of the market for seeds in the Community, it
is unlikely that the quantities held by the German,                                              Article 1
Danish and British intervention agencies can be sold
in accordance with the price conditions laid down in                    1 . . There, shall be put up for sale by tender on the
Article 5 of Regulation ( EEC) No 189/68 ; whereas,                    Community* market :
therefore, special measures must be taken to dispose
of these oil seeds ;                                                   — one lot of a total quantity of approximately 1 280
                                                                             metric tons of colza and rape seed held by the
Whereas colza and rape seed can at present be                                German intervention agency, and six lots of a total
marketed in the Community at a price which accords                           quantity of approximately 3 550 metric tons of
more closely with the actual market situation than the                       colza and rape seed held by the Danish interven­
price fixed in accordance with the said Article 5 ;                          tion agency, all of which were bought in during
                                                                             the 1975/76 marketing year ;
Whereas, in order to ensure favourable selling condi­                  — eight lots of a total quantity of approximately
tions, the seeds should be put up for sale in lots ;                         4 970 metric tons of colza and rape seed held by
                                                                             the German intervention agency and two lots of a
                                                                             total quantity of approximately 110 metric tons of
Whereas a security should be provided to ensure the                          colza and rape seed held by the British interven­
observance of the obligations involved in the submis­                        tion agency, all of which were bought in during
sion of a tender ; whereas, moreover, that security                          the 1976/77 marketing year.
should be such as to prevent the seeds for which a
tender is accepted from being offered for intervention
a second time ; whereas the security should therefore                  2. The provisions of Regulation (EEC) No 189/68
                                                                       shall apply, subject to the provisions of this Regula­
                                                                       tion .
(')  OJ  No  172, 30 . 9 . 1966, p. 3025/66 .
(2 ) OJ  No  L 175, 29 . 6 . 1973 , p . 5 .
(3 ) OJ  No  L 43 , 17. 2. 1968 , p . 7.                               (5) OJ No L 222, 2. 10 . 1971 , p . 2.
(4 ) OJ  No  L 190, 14. 7. 1976, p . 1 .                               (6) OJ No L 282, 23 . 12. 1971 , p. 18 .
 ---pagebreak--- 4 . 11 . 76                        Official Journal of the European Communities                         No L 302/ 15
                         Article 2                            procedure laid down in Article 38 of Regulation      No
                                                              136/66/EEC for, respectively, the seeds held by      the
The notice of invitation to tender shall be published         German intervention agency, the seeds held by        the
in the Official Journal of the European Communities           Danish intervention agency, and the seeds held by    the
not less than 10 days before the final date for the           British intervention agency.
submission     of   tenders . This  date   shall be   16
November 1976, not later than 2 p.m .
                                                              The prices shall be fixed, ex storage depot, for oil
                         Article 3                            seeds of the standard quality for which intervention
                                                              prices are fixed. Where the oil seeds offered for sale
 1.    No tender shall be accepted unless it states a         are not of the said standard quality, their weight shall
price per lot, delivery ex storage depot.                     be determined by the method described in the Annex
                                                              to Commission Regulation (EEC) No 1204/72 of 7
2. Tenders shall be valid only if accompanied by a            June 1972 laying down detailed rules for the applica­
security of two units of account per 100 kg.                  tion of the subsidy system for oil seeds ('), as last
The security may be provided in cash or in the form           amended by Regulation (EEC) No 676/76 (2), and the
of a guarantee satisfying the criteria laid down in           selling price shall be increased or reduced as specified
respectively, the Federal Republic of Germany,                in the Annex to Commission Regulation No 282/
Denmark and the United Kingdom .                              67/EEC of 11 July 1967 on detailed rules for interven­
                                                              tion for oil seeds (3), as last amended by Regulation
                         Article 4                            (EEC) No 1702/76 (4).
The security referred to in Article 3 (2) shall be
released where :
                                                                                         Article 6
(a) the tenderer has not withdrawn his tender before
     the award of the contract and the tender has been
     unsuccessful ;                                           Subject to the minimum prices referred to in Article
                                                              5 , the contract shall in each case be awarded to the
(b) the successful tenderer, save in cases of force           highest bidder.
     majeure, has paid to the intervention agency the
     amount corresponding to his tender, has taken
     over the oil seeds awarded to him under the              If two or more tenderers tender at the same price, the
     tender and has given proof that the oil seeds have       successful tenderer shall be chosen by lot.
     been placed under control at an oil mill pursuant
     to Article 2 of Regulation (EEC) No 2114/71 or
     have been exported .                                                                Article 7
                         Article 5
                                                              This Regulation shall enter into force on the day
In the light of the tenders submitted, minimum                following its publication in the Official Journal of
selling prices shall be fixed in accordance with the          the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 3 November 1976 .
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission
                                                              (!) OJ  No L 133, 10 . 6 . 1972, p. 1 .
                                                              (2) OJ  No L 81 , 27. 3 . 1976, p. 22.
                                                              (3) OJ  No 151 , 13 . 7. 1967, p. 1 .
                                                              (4) OJ  No L 191 , 15. 7 . 1976, p . 14.