CELEX: 31976R3110
Language: en
Date: 1976-12-20 00:00:00
Title: Commission Regulation (EEC) No 3110/76 of 20 December 1976 authorizing the supply to the processing industries of oranges withdrawn from the market, laying down the conditions for such supply and amending Regulation (EEC) No 1687/76

No L 351 /24                          Official Journal of the European Communities                             21 . 12. 76
                                 COMMISSION REGULATION (EEC) No 3110/76
                                                   of 20 December 1976
              authorizing the supply to the processing industries of oranges withdrawn from
              the market, laying down the conditions for such supply and amending Regula­
                                                  tion (EEC) No 1687/76
THE COMMISSION OF THE EUROPEAN                                   Whereas the notice of invitation to tender or of public
COMMUNITIES,                                                     auction must state the basic terms of each such opera­
                                                                 tion ; whereas, in order to ensure that the invitation to
                                                                 tender is conducted in a proper manner, provision
Having regard to the Treaty establishing the European            should be made whereby certain particulars must
Economic Community,                                              appear in the tender, in particular as regards the prices
                                                                 and quantities in respect of which the tender is made ;
Having regard to Council Regulation (EEC) No
1035/72 of 18 May 1972 on the common organization                Whereas the tenders submitted must be assessed on
of the market in fruit and vegetables ('), as last               the basic    of the price offered ; whereas quantities
amended by Regulation (EEC) No 796/76 (2), and in                should be    allocated as they become available and in
particular Article 21 ( 1 ) and (4) thereof,                     the order   in which the tenderers are ranked, begin­
                                                                 ning with    those offering the highest prices ;
Whereas, in view of the size of the harvest, it is to be
expected that considerable quantities of oranges of              Whereas it is necessary to adopt measures ensuring
pigmented varieties will be withdrawn from the                   that the products allocated are actually processed ;
market ; whereas, by reason of technical difficulties in         whereas, to this end, a processing security must be
processing and preserving, these products cannot be              lodged, the amount of which should be calculated so
processed with a view to their free distribution to the          as to ensure observation of this obligation ;
persons referred to in Article 21 ( 1 ) (a) of Regulation
(EEC) No 1035/72 ;
                                                                 Whereas Regulation (EEC) No 1687/76 of 30 June
                                                                  1976 (3), as last amended by Regulation (EEC) No
Whereas, in order to limit the risk of destruction of            2054/76 (4) lays down detailed rules for verifying the
these products, it appears necessary, given the avail­           use and/or destination of products from intervention ;
able facilities for processing and the distribution of           whereas it is therefore necessary to adapt the Annex to
the products of such processing, to authorize the                that Regulation ;
supply to the processing industries of pigmented
oranges withdrawn from the market up to the end of
April 1 977 ; whereas it appears necessary, moreover, to         Whereas the Management Committee for Fruit and
limit the quantity which may be so supplied to that              Vegetables has not delivered an opinion within the
which it is anticipated will be withdrawn in the course          time limit set by its chairman,
of the present marketing year ;
Whereas the supply to the processing industries of
products which have been the subject of intervention             HAS ADOPTED THIS REGULATION :
should be effected in such a manner as to avoid distor­
tion of competition between the industries
concerned ; whereas a sale by tender or by public
auction appears appropriate to that end ;
                                                                                            Article 1
Whereas, to this same end, a minimum sale price
should be fixed, regard being had to the normal price            Oranges of the varieties of the Sanguinello group, and
of supplies to the industry ;                                    of the Sanguigno group, withdrawn from the market
                                                                  under Article 18 of Regulation (EEC) No 1035/72 on
                                                                 or before 30 April 1977, or bought in on or before
Whereas, in order to ensure that all those concerned              that date under Article 19 of the Regulation, may be
have an opportunity to tender or bid, it is necessary to          supplied, subject to an overall limit of 25 000 metric
give appropriate publicity to the notice to processors ;          tons, to the processing industries.
(') OJ No L 118 , 20 . 5. 1972, p. 1 .                           (3) OJ No L 190, 14. 7. 1976, p. 1 .
( 2) OJ No L 93, 8 . 4. 1976, p. 6.                              (4) OJ No L 228 , 20 . 8 . 1976, p. 17.
 ---pagebreak--- 21 . 12. 76                         Official Journal of the European Communities                          No L 351 /25
                         Article 2                             shall rank the tenderers on the basis of the price
                                                               offered .
1 . Supply to the processing industries shall be
effected by means of a standing invitation to tender or       Where the highest price is offered by more than one
a public auction, by the agency appointed by the               tenderer, first place shall go to that one of them who
Member State concerned and under conditions such
                                                               has bid for the largest quantity, or if the quantity bid
that equality of access to the product to be processed         for is equal, then to one chosen by lot.
and equality of treatment as between processors are
ssured.
                                                               Products shall be allocated, in accordance with the
2. The minimum sale price shall be 31-40 units of              ranking order, as quantities become available .
account per metric ton net, ex storage depot.
                                                               2. On the closing date for each subsequent series of
                                                               tenders the aforesaid agency shall rank tenderers and
                         Article 3                            allocate quantities of products in accordance with the
                                                              criteria laid down in paragraph 1 .
 1.    Each standing invitation to tender may comprise
several series of tenders.
                                                                                       Article 6
Public notice must be given of invitations to tender
under this procedure.
                                                              Whenever a tender is not accepted, the tenderer shall
2. The notice of invitation to tender shall give all          be informed of the fact immediately by the agency
relevant information concerning, in particular :              appointed by the Member State concerned .
(a) the period during which products are likely to be         At the end of the period for which the invitation to
     available ;                                              tender is valid, that agency shall notify each processor
                                                              whose tender has not been satisfied owing to lack of
(b)  the  nature of the products to be sold ;
                                                               products.
(c) the   areas in which the products will be stored ;
(d)  the  closing date for each series to tenders ;
(e) the   agency to which tenders must be submitted .                                  Article 7
                                                               1 . Where products are sold by public auction, the
                         Article 4
                                                              agency must, in a notice of sale by auction , give all
                                                              information concerning :
1 . Tenderers shall submit their tenders by regis­
tered post with recorded delivery, by telex or by tele­       — the period during which the products are likely to
gram, to the agency appointed by the Member State                  be available ,
concerned.
                                                              — the nature of the products to be sold,
2.     Every tender shall specify :                           — the areas in which the products will be stored,
(a) the name and address of the party concerned ;             — the date, time and place of each auction .
(b) the quantity of product to which the tender
     relates, expressed in metric tons ;                      2. Any other information , in particular concerning
(c) the price offered, per metric ton net ex-storage          the quantities and characteristics of the products for
     depot, expressed in the currency of the Member           sale, shall forthwith be communicated to any inte­
     State where the award of contracts is to take place ;    rested party on request.
(d) any additional information required by the notice
     to processors .                          "
                                                                                       Article 8
3.     A tender shall be valid unless it is :
                                                              Products sold by public auction shall be allocated to
— in respect of at least one metric ton, and                  the person or persons offering the best prices .
— made at least at the minimum price laid down in
     Article 2 .
                                                                                       Article 9
                         Article 5
                                                               Every sucessful tenderer or purchaser at auction shall
1 . On the closing date for the first series of tenders,       lodge a processing security in an amount of 53 units
the agency appointed by the Member State concerned            of account per metric ton net.
 ---pagebreak--- No L 351 /26                       Official Journal of the European Communities                                 21 . 12. 76
                        Article 10                                                     Article 13
Processing of the products allocated shall be super­          In the Annex to Regulation (EEC) No 1687/76, in the
vised on the spot by the competent authority of the
                                                              part headed ' II. Products subject to a use and/or desti­
Member State where it takes place.                            nation other than that mentioned under I', there is
                                                              added after paragraph 12, a further paragraph as
                        Article 11
                                                              follows, together with the appropriate footnote refer­
                                                              ence :
1.    When a Member State intends to have recourse
to the provisions of this Regulation the agency                   ' 13 . Commission Regulation (EEC) No 3110/76
appointed shall forthwith communicate to the agen­                       authorizing the supply to the processing
cies of the other Member States and to the Commis­
                                                                         industries of oranges withdrawn from the
sion the notice of invitation to tender provided for in                  market, laying down the conditions for such
Article 3 or the notice of sale by auction provided for                  supply and amending Regulation (EEC) No
in Article 7 .
                                                                         1687/76 (4) ;
This communication must be made :
                                                                         — Section 104 : 'for processing (Regulation
— in respect of an invitation to tender, not less than                                     (EEC) No 3110/76)'
    seven days before the closing date for the first                                        destine a la transformation
    series of tenders,
                                                                                           (Règlement         (CEE)       n0
— in respect of sale by auction, not less than seven                                       3110/76)'
    days before the date of the first sale .
                                                                                            zur Verarbeitung bestimmt
The agency appointed shall communicate as provided                                         (Verordnung (EWG) Nr
in the first subparagraph hereof all amendments to                                         3110/76)'
the notice of invitation to tender or notice of public                                      destinato    alla    trasforma­
auction .
                                                                                           zione (Regolamento (CEE)
Such amendments shall take effect only on the expiry                                       n . 3110/76)'
of seven days from the date of their communication .                                       bestemd     om      te    worden
2. As soon as the communication provided for in                                            verwerkt          (Verordening
the first subparagraph of paragraph 1 has been made,                                       (EEG) nr. 3110/76)'
there shall be published in the Official Journal of the                                     til              forarbejdning
 European Communities a notice publicizing the inten­                                      (Forordning        (EØF)       nr
tion of the Member State concerned to have recourse                                        3110/76)'.
to the provisions of this Regulation .
                                                              (4) OJ No L 351 , 21 . 12. 1976, p. 24.'
                        Article 12
The agency appointed by the Member State shall,                                        Article 14
 immediately upon the completion of each sale by
 tender or by auction, inform the Commission of the           This Regulation shall enter into force on the day
 quantities of products supplied and the prices at            following its publication in the Official Journal of
which they were supplied .                                     the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 20 December 1976 .
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                     Member of the Commission