31976R0660

No L 80/ 12 Official Journal of the European Communities 26 . 3 . 76

COMMISSION REGULATION ( EEC) No 660 / 76 of 25 March 1976 authorizing the supply to the processing industries of oranges withdrawn from the market, and laying down the conditions for such supply

THE COMMISSION OF THE EUROPEAN is carried out correctly, provision should be made COMMUNITIES, whereby certain particulars must appear in the tender, in particular as regards the prices and quantities in respect of which the tender is made ; Having regard to the Treaty establishing the European Economic Community, Whereas tenders submitted by interested parties must be assessed on the basis of the price offered ; whereas Having regard to Council Regulation (EEC) No quantities have to be allocated as they become avail­ 1035/72 of 18 May 1972 on the common organization able and in the order in which the tenderers are listed, of the market in fruit and vegetables ('), as last beginning with those offering the highest prices ; amended by Regulation (EEC) No 2482/75 (2), and in particular Article 21 ( 1 ) and (4) thereof, Whereas it is necessary to adopt measures ensuring that the product allocated is actually processed ; Whereas certain quantities of oranges of pigmented whereas, to this end, a processing deposit must be varieties have been withdrawn from the market ; lodged, the amount of which should be calculated so whereas, by reason of technical difficulties in as to ensure observation of this obligation ; processing and preserving, these products have not been able to be processed with a view to free distribu­ Whereas the Management Committee for Fruit and tion to the persons visualized in Article 21 ( 1 ) (a) of Vegetables has not delivered an opinion within the Regulation (EEC) No 1035/72 ; time limit set by its Chairman ,

Whereas in order to limit the risk of destruction of these products, it appears necessary, given the present possibilities of processing and of the distribution of HAS ADOPTED THIS REGULATION : the products of such processing, to authorize the supply to the processing industries, up to the end of April 1976, of pigmented oranges withdrawn from the market ; whereas it appears necessary, moreover, to Article 1 limit this supply to the anticipated withdrawals of these products in the course of the present season ; Oranges of the varieties of the Sanguinello group, and of the Sanguigno group, withdrawn from the market Whereas the supply to the processing industries of under the provisions of Article 1 8 of Regulation (EEC) products which have been the subject of intervention No 1035/72, up to 30 April 1976 or bought in up to should be effected in such a manner as to avoid distor­ the same date, in conformity with Article 19 of the tion of competition between the industries Regulation , may be supplied, up to 25 000 metric concerned ; whereas the tendering procedure or public tons, to the processing industries, under the condi­ auction appear appropriate to that end ; tions laid down in the following Articles.

Whereas, with the same object, a minimum sale price should be fixed, taking account of the normal price of Article 2 supplies to the industry ; 1 . Supply to the processing industries shall be Whereas, to allow all industries the chance to make effected by means of a standing invitation to tender or an offer, it is necessary to give appropriate publicity to a public auction by the agency appointed by the the notice to processors ; Member State concerned, under conditions such that equality of access to the product to be transformed and equality of treatment as between undertakings are Whereas the invitation to tender or notice of public assured . auction must state the basic conditions of the proce­ dure ; whereas to ensure that the tendering procedure 2. The minimum sale price shall be 29-10 units of (») OJ No L 118 , 20 . 5 . 1972, p. 1 . account per metric ton net, on leaving the warehouse (2 OJ No L 254, 1 . 10 . 1975, p. 3. in which the merchandise is stored .

26 . 3 . 76 Official Journal of the European Communities No L 80/ 13

Article 3 cate quantities of products in accordance with the criteria laid down in paragraph 1 . 1 . Each standing invitation to tender may consist of several series of tenders. Public notice must be given of invitations to tender within the framework of this Article 6 procedure . Whenever a tender is not accepted, the tenderer shall 2. The invitation to tender shall give all relevant be informed of the fact immediately by the agency 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 (b) the nature of the products to be sold ; whose tender has not been fulfilled owing to lack of products. (c) the areas in which the products are to be stored ; (d) the closing date for each series of tenders ; Article 7 (e) the agency to which tenders must be submitted.

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 . Interested parties shall submit their tenders by — the period during which the products are likely to registered post with recorded delivery, by telex or by be available , telegram, to the agency appointed by the Member State concerned . — the nature of the products to be sold, — the areas in which the products are stored, 2. The tender shall specify : — the date, time and place of each auction. (a) the name and address of the party concerned ; 2. Any other information, in particular concerning (b) the quantity of product to which the tender refers, the quantities and characteristics of the products for expressed in metric tons ; sale, shall forthwith be communicated to any inter­ (c) the price offered, per net weight in metric tons on ested party on request. leaving the warehouse where the product is stored, expressed in the currency of the Member State where the tender is to take place ; Article 8

(d) where appropriate, additional information required Products sold by public auction shall be allocated to under the notice to processors . the person or persons offering the most favourable prices. 3 . A tender shall not be valid unless it is :

— in respect of at least one metric ton, and Article 9 — made at least at the minimum price laid down in Article 2. The successful tenderer or the purchaser at auction shall, before delivery to him of the product allocated, lodge a processing deposit of an amount of 51 units of Article 5 account per metric ton net.

1 . On the closing date for the first series of tenders, The deposit shall be lodged either in the form of a the agency appointed by the Member State concerned cheque in favour of the agency appointed by the shall classify the tenderers on the basis of the price Member State in which supply takes place or of a offered. Where the highest prices are equal , first place bond complying with the criteria fixed by that shall go to the tenderer who has bid for the largest Member State . quantity, or to a tenderer chosen by ballot where the quantity of products bid for is also equal . Article 10 Products shall be allocated, in order of the classifica­ tion , as quantities become available . 1 . Processing of the product allocated shall be supervised on the spot by the competent authority of 2. On the closing date for each subsequent series of the Member State where processing takes place, or by tenders that agency shall classify tenderers and alio­ any other agency appointed by it for that purpose.

No L 80 / 14 Official Journal of the European Communities 26 . 3 . 76

2. Where processing takes place in a Member State Article 12 other than that which sells the product, proof of 1 . When a Member State intends to apply the provi­ processing may be given only by production of the sions of this Regulation, the agency appointed shall control copy referred to in Article 1 of Commission forthwith communciate to the agencies of the other Regulation (EEC) No 2315/69 of 19 November 1969 Member States and to the Commission the invitation on the use of Community transit documents for the to tender provided for in Article 3 or the notice of purpose of applying Community measures for veri­ sale by auction provided for in Article 7. fying the use and/or destination of goods (1). This communication must be made : Sections 101 , 103 and 104 of the control copy shall be — in respect of an invitation to tender, not less than completed. Section 104 shall be completed by dele­ seven days before the closing date for the first ting the entries not applicable and marking at the series of tenders, second indent one of the following entries : — in respect of sale by auction, not less than seven 'destiné à la transformation au titre du règlement days before the date of the first sale. (CEE) n° 660/76', The agency appointed shall, under the same condi­ 'Zur Verarbeitung gemäß Verordnung (EWG) Nr. tions as those laid down in the first subparagraph, 660/76 bestimmt', communicate all amendments to the invitation to destinato alla trasformazione ai sensi del regolamento tender or notice of public auction . (CEE) n . 660/76', These amendments shall take effect only at the end of 'bestemd voor verwerking krachtens Verordening seven days after the date of their communication . (EEG) nr. 660/76', 'for processing under Regulation (EEC) No 660/76 , 2. As soon as the communication provided for in the first subparagraph of paragraph 1 has been made, 'bestemt til omdannelse i henhold til forordning there shall be published in the Official Journal of the (EØF) nr. 660/76'. European Communities a notice publicising the inten­ tion of the Member State concerned to apply the provi­ Article 11 sions of this Regulation. Save in cases of force majeure the deposit referred to Article 13 in Article 9 shall be repaid only in respect of the quan­ tity for which the successful tenderer or the purchaser The agency appointed by the Member State shall, as at auction furnishes to the agency appointed by the soon as each tender action or auction has been Member State concerned : completed, inform the Commission of the quantities (a) supporting documents establishing that this quan­ of products supplied and the prices at which they tity has been processed, where processing takes were supplied . place in the Member State which sells the Article 14 product ; (b) proof of processing, given by the control copy This Regulation shall enter into force on the day referred to in Article 10, where processing takes following its publication in the Official Journal of place in another Member State. the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 25 March 1976 .

For the Commission

P.J. LARDINOIS Member of the Commission

(!) OJ No L 295, 24. 11 . 1969 , p. 14.