CELEX: 31976R0945
Language: en
Date: 1976-04-26 00:00:00
Title: Commission Regulation (EEC) No 945/76 of 26 April 1976 laying down conditions for invitations to tender for colza and rape seed held by the Danish intervention agency

No L 109/ 14                               Official Journal of the European Communities                            27. 4. 76
                                        COMMISSION REGULATION ( EEC) No 945/76
                                                           of 26 April 1976
                laying down conditions for invitations to tender for colza and rape seed held by
                                                   the Danish intervention agency
 THE COMMISSION OF THE EUROPEAN                                       from being offered for intervention a second time ;
 COMMUNITIES,                                                         whereas, therefore, the deposit should be forfeited, in
                                                                      particular, where the successful tenderer fails to
                                                                      furnish proof that the seeds have been placed under
 Having regard to the Treaty establishing the European                control at an oil mill as provided for in Article 2 of
 Economic Community,                                                  Council Regulation (EEC) No 2114/71 of 28
                                                                      September 1971 on the subsidy for oil seeds (5), as
 Having regard to Council Regulation No 136/66/ EEC                   amended by Regulation (EEC) No 2730/71 (6), or have
 of 22 September 1966 on the establishment of a                       been exported ;
 common organization of the market in oils and
 fats (!), as last amended by Regulation (EEC) No                     Whereas the minimum selling price which corres­
 1707/73 (2), and in particular Article 26 (3) thereof,               ponds nearest to the real market situation shall be
                                                                      fixed on the basis of tenders received ;
 Whereas pursuant to Article 26 of Regulation No                      Whereas the contract should be awarded to the person
 136/66/ EEC, the Danish intervention agency bought                   offering the highest price ; whereas, moreover, rules
 certain quantities of colza and rape seed during the                 governing the award of the contract in the event of
 1975/76 marketing year ;                                             several tenders of the same amount being lodged,
                                                                      should be made ;
Whereas Commission Regulation (EEC) No 189/68 of
 16 February 1968 on certain detailed rules for the                   Whereas the measures provided for in this Regulation
 disposal of oil seeds bought in by intervention agen­                are in accordance with the opinion of the Manage­
 cies (3), as amended by Regulation (EEC) No                          ment Committee for Oils and Fats,
 1594/72 (4), laid down the conditions for sale by invita­
 tion to 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
                                                                      HAS ADOPTED THIS REGULATION :
 Community the quantities held by the Danish inter­
vention agency cannot be expected to be sold in accor­
 dance with the price conditions laid down in Article 5
 of Regulation (EEC) No 189/68 ; whereas, therefore,                                            Article 1
 special measures should be taken for the disposal of
 these oil seeds ;
                                                                       1 . The total quantity of about 7 000 metric tons of
                                                                      c<3lza and rape seed bought in during the 1975/76
Whereas it is impossible at present to market colza                   marketing year and held by the Danish intervention
and rape seed in the Community on the basis of a                      agency shall be offered for sale by tender on the
price that is more closely related to the real market                 Community market in seven lots .
situation than the price fixed in accordance with
Article 5 of Regulation (EEC) No 189/ 68 ;                            2. Subject to the provisions of this Regulation the
                                                                      provisions of Regulation (EEC) No 189/68 shall apply.
Whereas in order to ensure favourable conditions for
sale, the seeds should be put up for sale in lots ;
                                                                                                Article 2
Whereas a deposit should be provided to ensure obser­
vance of the obligations arising, from the submission                 The invitation to tender shall be published in the Offi­
of a tender ; whereas further, this deposit should                    cial Journal of the European Communities not less
prevent seeds for which a tender has been accepted                    than 10 days before the final date for the submission
                                                                      of tenders . This shall be not later than 2 p.m . on 14
(■)  OJ   No 172, 30 . 9 . 1966, p . 3025/66 .
                                                                      May 1976.
(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 169 , 27 . 7 . 1972, p . 18 .                           6) OJ No L 282, 23 . 12. 1971 , p . 18 .
 ---pagebreak--- 27. 4. 76                         Official Journal of the European Communities                           No L 109/ 15
                        Article 3                            procedure laid down in Article 38 of Regulation (EEC)
                                                             No 136/ 66/ EEC.
 1 . Only tenders lodged for lots shall be accepted.
The said price shall be for delivery ex warehouse.           The price shall be fixed, ex warehouse, for oil seeds of
                                                             the standard quality for which intervention prices are
2. The tender shall be valid only if it is accompa­          fixed . Where the oil seeds offered for sale are not of
nied by a deposit of two units of account per 100 kg.
                                                             the said standard quality, their weight shall be deter­
This deposit shall be provided in cash or in the form        mined by the method described in the Annex to
of a guarantee complying with criteria laid down by          Commission Regulation (EEC) No 1204/72 of 7 June
Denmark .                                                    1972 laying down detailed rules for the application of
                                                             the subsidy system for oil seeds (*), as last amended by
                        Article 4                            Regulation (EEC) No 676/76 (2) and the selling price
                                                             shall be increased or reduced as specified in the
The deposit referred to in Article 3 (2) shall be            Annex to Commission Regulation No 282/67/EEC of
released provided :                                          11 July 1967 on detailed rules for intervention for oil
(a) the tenderer has not withdrawn his tender before         seeds (3), as last amended by Regulation (EEC) No
     the award of the contract and his tender has been       2645/75 (4).
     unsuccessful ;
                                                                                         Article 6
(b) the successful tenderer, except in case of force
     majeure, has paid the intervention agency the           Subject to the minimum price referred to in Article 5,
     amount corresponding to his tender, has taken           the contract for each lot shall be awarded to the
     over the oil seeds awarded to him under the
                                                             highest bidder.
     contract and has furnished proof that the oil seeds
     have been placed under control at an oil mill           If several tenderers tender the same amount, the
     pursuant to Article 2 of Regulation (EEC) No            successful tenderer shall be chosen by lot.
     2.1M/71 or have been exported.
                                                                                         Article 7
                        Article 5
                                                             This Regulation shall enter into force on the third day
In the light of the tenders submitted, a minimum             following its publication in the Official Journal of
selling price 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, 26 April 1976.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission
                                                             (') OJ  No  L 133, 10 . 6 . 1972, p. 1 .
                                                             P   OJ  No  L 81 , 27 . 3 . 1976, p. 22.
                                                             (3) OJ  No  151 , 13 . 7. 1967, p. 1 .
                                                             C)  OJ  No  L 269 , 18 . 10 . 1975, p . 28