CELEX: 31976R1250
Language: en
Date: 1976-05-26 00:00:00
Title: Commission Regulation (EEC) No 1250/76 of 26 May 1976 laying down conditions for invitations to tender for colza and rape seed held by the German intervention agency and by the Danish intervention agency

27 . 5 . 76                                 Official Journal of the European Communities                              No L 139 /45
                                       COMMISSION REGULATION ( EEC) No 1250/76
                                                            of 26 May 1976
               laying down conditions for invitations to tender for colza and rape seed held by
                     the German intervention agency and by the Danish intervention agency
THE COMMISSION OF THE EUROPEAN                                        sion of a tender ; whereas, moreover, that security
COMMUNITIES,                                                          should be such as to prevent the seeds for which a
                                                                      tender was accepted from being offered for interven­
                                                                      tion a second time ; whereas the security should there­
Having regard to the Treaty establishing the European                 fore    be forfeited,  unless      the    successful tenderer
Economic Community,                                                   provides proof that the seeds have been placed under
                                                                      control at an oil mill pursuant to Article 2 of Council
                                                                      Regulation (EEC) No 2114/71 of 28 September 1971
Having regard to Council Regulation No 136/66/EEC                     on the subsidy for oil seeds (5), as amended by Regula­
of 22 September 1966 on the establishment of a                        tion (EEC) No 2730/71 (6), or have been exported ;
common organization of the market in oils and
fats ('), as last amended by Regulation (EEC) No                      Whereas the minimum selling price that most nearly
 1 707/73 (2), and in particular Article 26 (3) thereof,
                                                                      corresponds to the actual market situation may be
                                                                      fixed on the basis of tenders received ;
Whereas during the 1975/76 marketing year the
German and the Danish intervention agencies each                      Whereas the contract must be awarded to the person
bought in certain quantities of colza and rape seed                   offering the highest price ; whereas, moreover, there
pursuant to Article 26 of Regulation No 136/66/ EEC ;                 should be rules concerning the award of the contract
                                                                      in the event of several tenders being made at the same
                                                                       price ;
Whereas Commission Regulation (EEC) No 189/68 of
 16 February 1968 on certain detailed rules for the
disposal of oil seeds bought in by intervention agen­                 Whereas the measures provided for in this Regulation
cies (3 ), as amended by Regulation (EEC) No                          are in accordance with the opinion of the Manage­
 1 594/72 (4), laid down the conditions for sale by                    ment Committee for Oils and Fats,
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
cannot be expected that the quantities held by the
German and the Danish intervention agencies can be
sold in accordance with the price conditions laid                      HAS ADOPTED THIS REGULATION :
down in Article 5 of Regulation ( EEC) No 189/68 ;
whereas, therefore, special measures must be taken to
dispose of these oil seeds ;
                                                                                               Article 1
Whereas colza and rape seed can at present be
marketed in the Community at a price which is closer                   1 . There shall be put up for sale by tender on the
to the actual market situation than the price fixed in                 Community market, one lot of a total quantity of
accordance with the said Article 5 ;                                  about 1 280 metric tons of colza and rape seed held
                                                                      by the German intervention agency, and six lots of a
                                                                       total quantity of about 3 550 metric tons of coiza and
Whereas in order to ensure favourable selling condi­                   rape seed held by the Danish intervention agency, all
tions the seeds should be put up for sale in lots ;                   of which were bought in during the 1975/76
                                                                       marketing year.
Whereas a security should be provided to ensure the
observance of the obligations involved in the submis­                  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 .
(} ) OJ   No L 43 , 17 . 2 . 1968 , p . 7 .                           (5) OJ No L 222, 2. 10 . 1971 , p. 2 .
(4)  OJ   No L 169 , 27 . 7 . 1972, p . 18 .                          ( 6) OJ No L 282, 23 . 12 . 1971 , p . 18 .
 ---pagebreak--- No L 139/46                        Official Journal of the European Communities                              27 . 5 . 76
                        Article 2                                                        Article 5
The invitation to tender shall be published in the Offi­     In the light of the tenders submitted, minimum
cial Journal of the European Communities not less            selling prices shall be fixed in accordance with the
than 10 days before the final date for the submission        procedure laid down in Article 38 of Regulation No
of tenders. This date shall be 14 June 1976, not later        136/66/ EEC respectively for the seeds held by the
than 2 p.m .                                                 German intervention agency and for the seeds held by
                                                             the Danish intervention agency.
                        Article 3
                                                             The prices shall be fixed, ex warehouse, for oil seeds
1 . No tender shall be accepted until it states a price      of the standard quality for which intervention prices
                                                             are fixed . Where the oil seeds offered for sale are not
per lot, delivery ex warehouse .
                                                             the said standard quality, their weight shall be deter­
2. The tender shall be valid only if it is accompa­          mined by the method described in the Annex to
nied by a security of two units of account per 100 kg.       Commission Regulation (EEC) No 1204/72 of 7 June
                                                              1972 laying down detailed rules for the application of
The security may be provided in cash or in the form
                                                             the subsidy system for oil seeds ('), as last amended by
of a guarantee satisfying the criteria laid down respec­
                                                             Regulation (EEC) No 676/76 (2), and the selling price
tively in the Federal Republic of Germany and in
Denmark .
                                                             shall be increased or reduced as specified in the
                                                             Annex to Commission Regulation No 282/67/ EEC of
                                                              11 July 1967 on detailed rules for intervention for oil
                        Article 4
                                                             seeds (3), as last amended by Regulation (EEC) No
The security referred to in Article 3 (2) shall be           2645/75 (4).
released where :
                                                                                          Article 6
(a) the tenderer has not withdrawn his tender before
    the award of the contract and the tender has been        Subject to the minimum prices referred to in Article
    unsuccessful ;                                           5, the contract shall be awarded to the highest bidder.
(b) the successful tenderer, save in cases of force           If several tenderers tender at the same price, the
     majeure, has paid to the intervention agency the        successful tenderer shall be chosen by lot.
    amount corresponding to his tender, has taken
    over the oil seeds awarded to him under the
                                                                                          Article 7
    tender and has given proof that the oil seeds have
    been placed under control of an oil mill pursuant        This Regulation shall enter into force on the day
    to Article 2 of Regulation (EEC) No 2114/71 or            following its publication in the Official Journal of
    have been exported.                                       the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 26 May 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 .
                                                             P)  OJ  No  151 , 13 . 7 . 1967, p . 1 .
                                                              C) OJ  No  L 269, 18 . 10 . 1975, p . 28