CELEX: 31982R0283
Language: en
Date: 1982-02-06 00:00:00
Title: Commission Regulation (EEC) No 283/82 of 5 February 1982 laying down conditions for invitations to tender for colza and rape seed held by the Danish intervention agency

6 . 2. 82                          Official Journal of the European Communities                          No L 29 /7
                                COMMISSION REGULATION (EEC) No 283/82
                                                 of 5 February 1982
              laying down conditions for invitations to tender for colza and rape seed held by
                                          the Danish intervention agency
THE COMMISSION OF THE EUROPEAN                                No 2114/71 (*), as last amended by Regulation (EEC)
COMMUNITIES,                                                  No 851 /78 (*), or have been exported ;
                                                             Whereas the minimum selling price that most closely
Having regard to the Treaty establishing the European         corresponds to the actual market situation may be
Economic Community,                                           determined on the basis of the tenders received ;
                                                             Whereas the measures provided for in this Regulation
Having regard to Council Regulation No 136/66/EEC             are in accordance with the opinion of the Management
of 22 September 1966 on the establishment of a                Committee for Oils and Fats,
common organization of the market in oils and fats ('),
as last amended by Regulation (EEC) No 3454/80 (2),
and in particular Article 26 (3) thereof,                     HAS ADOPTED THIS REGULATION :
Whereas during the 1981 /82 marketing year the                                        Article 1
 Danish intervention agency bought in certain quanti­
 ties of colza and rape seed pursuant to Article 26 of        1 . There shall be put up for sale by tender 1 5 lots of
 Regulation No 136/66/EEC ;                                   a total quantity of approximately 20 371 tonnes of
                                                              colza and rape seed held by the Danish intervention
                                                              agency and bought in during the 1981 /82 marketing
 Whereas Commission Regulation (EEC) No 189/68 (3),           year.
 as last amended by Regulation (EEC) No 1528/81 (4),
 laid down the conditions for sale by tender on the           2. The provisions of Regulation (EEC) No 189/68
 Community market of oil seeds held by intervention           shall apply, subject to those of this Regulation.
 agencies ; whereas, in view of the present situation on
 the Community oils seeds market, it is unlikely that
 the quantities held by the Danish intervention agency                                Article 2
 can be sold in accordance with the price conditions
 laid down in Article 5 of Regulation (EEC) No                The notice of invitation to tender shall be published
  189/68 ; whereas, therefore, special measures must be        in the Official Journal of the European Communities
 taken to dispose of these oils seeds ;                        not less than 10 days before the final date for the
                                                               submission of tenders. This date shall be 24 February
                                                               1982 at 2 p.m . (local time).
  Whereas colza and rape seed can at present be
  marketed in the Community at a price which accords
  more closely with the actual market situation than that                             Article 3
  fixed in accordance with the said Article 5 ;
                                                               1 . No tender shall be accepted unless it states a
                                                               price per lot, delivery ex storage depot.
  Whereas a security should be required in order to
  ensure compliance with the obligations involved in           The costs of weighing, sampling and analysis shall be
  the submission of a tender ; whereas, moreover, that         borne by the intervention agency. Any other exist
  security should be such as to prevent the seeds sold by      costs arising shall be borne by the purchaser.
  tender from being offered for intervention a second
  time ; whereas the security should therefore be               2. Tenders shall be valid only if accompanied by a
  forfeited unless the successful tenderer provides proof       security of 5 ECU per 100 kilograms.
  that the seeds have been placed under control at an oil
  mill pursuant to Article 2 of Council Regulation (EEC)       The security may be provided in cash or in the form
                                                                of a guarantee satisfying the criteria laid down in
                                                                Denmark.
  (') OJ No 172, 30. 9. 1966, p. 3025/66.
   2 OJ No L 360, 31 . 12. 1980, p. 16.
  0 OJ No L 43, 17. 2. 1968, p. 7.                              0 OJ No L 222, 2. 10. 1971 , p. 2.
  M OJ No L 149, 6. 6. 1981 , p. 24.                            («) OJ No L 116, 28. 4. 1978, p. 4.
 ---pagebreak--- No L 29/8                          Official Journal of the European Communities                              6. 2. 82
                        Article 4                            Commission Regulation (EEC) No 1 204/72 ('), as last
                                                             amended by Regulation (EEC) No 3699/81 (2), and the
The security referred to in Article 3 (2) shall be           selling price shall be increased or reduced as specified
released where :
                                                             in the Annex to Commission Regulation No 282/
(a) the tenderer has not withdrawn his tender before         67/EEC (3), as last amended by Regulation (EEC) No
    the award of the contract and the tender has been        1983/81 (4).
    unsuccessful ;
(b) the successful tenderer, save in case of force                                     Article 6
    majeure, has paid to the intervention agency the         If no sale takes place a new notice of invitation to
    amount corresponding to his tender, has taken            tender shall be published in the Official Journal of
    over the oil seeds awarded to him under the tender
                                                             the European Communities not less than 10 days
    and has given proof that the oil seeds have been         before the second expiry date for the submission of
    placed under control at an oil mill pursuant to          tenders. The latter shall be 17 March 1982, at 2 p.m.
    Article 2 of Regulation (EEC) No 2114/71 or have         (local time).
    been exported.
                                                                                       Article 7
                        Article 5
                                                             Subject to the minimum price referred to in Article 5,
In the light of the tender submitted, a minimum price        the contract shall be awarded to the highest bidder.
for the seeds shall be fixed in accordance with the
procedure laid down in Article 38 of Regulation No           If two or more tenderers tender at the same price, the
 136/66/EEC .                                                successful tenderer shall be chosen by lot.
The price shall be fixed, ex storage depot, for oil seeds                              Article 8
of the standard quality for which intervention prices
are fixed. Where the oil seeds offered for sale are not      This Regulation shall enter into force on the day follo­
of the said standard quality, their weight shall be          wing its publication in the Official Journal of the
determined by the method described in the Annex to           European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 5 February 1982.
                                                                       For the Commission
                                                                          Poul DALSAGER
                                                                   Member of the Commission
                                                              (») OJ No  L 133, 10.   6. 1972, p. 1 .
                                                              (2) OJ No  L 369, 24.   12 . 1981 , p. 32.
                                                               3  OJ No  151 , 13. 7. 1967, p. 1 .
                                                              (4) OJ No  L 193, 16.   7. 1981 , p. 21 .