31976R0945

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 amended by Regulation (EEC) No 2730/71 (6), or have Having regard to Council Regulation No 136/ 66/ EEC been exported ; 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 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 The invitation to tender shall be published in the Offi­ vance of the obligations arising, from the submission cial Journal of the European Communities not less of a tender ; whereas further, this deposit should than 10 days before the final date for the submission prevent seeds for which a tender has been accepted of tenders . This shall be not later than 2 p.m . on 14 May 1976 . (■) OJ No 172, 30 . 9 . 1966, p . 3025/66 . (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 .

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 seeds (3), as last amended by Regulation (EEC) No (a) the tenderer has not withdrawn his tender before 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