CELEX: 31979R0961
Language: en
Date: 1979-05-16 00:00:00
Title: Commission Regulation (EEC) No 961/79 of 16 May 1979 laying down conditions for invitations to tender for colza and rape seed held by the Belgian intervention agency

17 . 5 . 79                               Official Journal of the European Communities                         No L 121 / 17
                                      COMMISSION REGULATION (EEC) No 961 /79
                                                           of 16 May 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 on the
                                                                     Community market one lot of a total quantity of
Whereas Commission Regulation (EEC) No                               approximately 60 tonnes of colza and rape seed held
 189/68 (3), as last amended by Regulation (EEC) No                  by the Belgian intervention agency and bought in
 1 687/76 (4), laid down the conditions for sale by                  during the 1978/79 marketing year.
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
Whereas colza and rape seed can at present be                        in the Official Journal of the European Communities
                                                                     not less than 10 days before the final date for the
marketed in the Community at a price which accords
more closely with the actual market situation than                   submission of tenders. This date shall be 29 May
that fixed in accordance with the said Article 5 ;                    1979 , at 2 p.m . (local time).
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
(')  OJ   No 172, 30 . 9 . 1966, p. 3025/66                          security of 2 ECU per 100 kilograms.
(2)  OJ   No L 78 , 30 . 3 . 1979, p. 1 .
(3)  OJ   No L 43 , 17 . 2. 1968 , p. 7 .
(4)  OJ   No L 190 , 14 . 7 . 1976, p. 1 .                           The security may be provided in cash or in the form
(5 ) OJ   No L 222, 2. 10 . 1971 , p. 2.                             of a guarantee satisfying the criteria laid down in the
(6   OJ   No L 116, 28 . 4. 1978 , p. 4.                             Kingdom of Belgium .
 ---pagebreak--- No L 121 / 18                     Official Journal of the European Communities                               17 . 5, 79
                       Article 4                             are fixed. Where the oil seeds offered for sale are not
                                                             of the said standard quality, their weight shall be deter­
The security referred to in Article 3 (2) shall be           mined by the method described in the Annex to
released where :
                                                             Commission Regulation (EEC) No 1 204/72 ('), as last
(a) the tenderer has not withdrawn his tender before         amended by Regulation (EEC) No 2980/78 (2), and the
    the award of the contract and the tender has been        selling price shall be increased or reduced as specified
    unsuccessful ;                                           in the Annex to Commission Regulation No 282/
(b) the successful tenderer, save in case of force           67/EEC (3), as last amended by Regulation (EEC), No
     majeure, has paid to the intervention agency the         1512/78 (4).
    amount corresponding to his tender, has taken
    over the oil seeds awarded to him under the
                                                                                         Article 6
    tender and has given proof that the oil seeds have
    been placed under control at an oil mill pursuant
    to Article 2 of Regulation (EEC) No 2114/71 or           Subject to the minimum price referred to in Article 5,
    have been exported .                                     the contract shall be awarded to the highest bidder.
                       Article 5
                                                             If two or more tenderers tender at the same price, the
                                                             successful tenderer shall be chosen by lot.
In the light of the tenders submitted, a minimum
price for the seeds shall be fixed in accordance with                                    Article 7
the procedure laid down in Article 38 of Regulation
No 136/ 66/ EEC .
                                                             This Regulation shall enter into force on the day
The price shall be fixed, ex storage depot, for oil seeds    following its publication in the Official Journal of .
of the standard quality for which intervention prices        the European Communities;
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 16 May 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.
                                                             (3) OJ No   151 , 13 . 7. 1967, p. 1 .
                                                             (4) OJ No  L 178 , 1 . 7 . 1978 , p. 58 .