31976R1250

27 . 5 . 76 Official Journal of the European Communities No L 139 /45

COMMISSION REGULATION ( EEC) No 1250 / 76 of 26 May 1976 laying down conditions for invitations to tender for colza and rape seed held by the German intervention agency and by the Danish intervention agency

THE COMMISSION OF THE EUROPEAN sion of a tender ; whereas, moreover, that security COMMUNITIES, should be such as to prevent the seeds for which a tender was accepted from being offered for interven­ tion a second time ; whereas the security should there­ Having regard to the Treaty establishing the European fore be forfeited, unless the successful tenderer Economic Community, provides proof that the seeds have been placed under control at an oil mill pursuant to Article 2 of Council Regulation (EEC) No 2114/71 of 28 September 1971 on the subsidy for oil seeds (5), as amended by Regula­ Having regard to Council Regulation No 136/66/EEC tion (EEC) No 2730/71 (6), or have 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 that most nearly 1 707/73 (2), and in particular Article 26 (3) thereof, corresponds to the actual market situation may be fixed on the basis of tenders received ;

Whereas during the 1975/76 marketing year the German and the Danish intervention agencies each Whereas the contract must be awarded to the person bought in certain quantities of colza and rape seed offering the highest price ; whereas, moreover, there pursuant to Article 26 of Regulation No 136/66/ EEC ; should be rules concerning the award of the contract in the event of several tenders being made at the same price ; Whereas Commission Regulation ( EEC) No 189 /68 of 16 February 1968 on certain detailed rules for the disposal of oil seeds bought in by intervention agen­ Whereas the measures provided for in this Regulation cies (3 ), as amended by Regulation ( EEC) No are in accordance with the opinion of the Manage­ 1 594/72 (4), laid down the conditions for sale by ment Committee for Oils and Fats, 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 Community it cannot be expected that the quantities held by the German and the Danish intervention agencies can be sold in accordance with the price conditions laid HAS ADOPTED THIS REGULATION : down in Article 5 of Regulation ( EEC) No 189/68 ; whereas, therefore, special measures must be taken to dispose of these oil seeds ; Article 1

Whereas colza and rape seed can at present be marketed in the Community at a price which is closer 1 . There shall be put up for sale by tender on the to the actual market situation than the price fixed in Community market, one lot of a total quantity of accordance with the said Article 5 ; about 1 280 metric tons of colza and rape seed held by the German intervention agency, and six lots of a total quantity of about 3 550 metric tons of coiza and Whereas in order to ensure favourable selling condi­ rape seed held by the Danish intervention agency, all tions the seeds should be put up for sale in lots ; of which were bought in during the 1975/76 marketing year.

Whereas a security should be provided to ensure the 2. The provisions of Regulation (EEC) No 189/68 observance of the obligations involved in the submis­ shall apply, subject to the provisions of this Regula­ tion . (») OJ No 172, 30 . 9 . 1966, p . 3025 / 66 . (2 ) OJ No L 175, 29 . 6 . 1973 , p . 5 . (} ) 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 .

No L 139/46 Official Journal of the European Communities 27 . 5 . 76

Article2¶

The invitation to tender shall be published in the Offi­ In the light of the tenders submitted, minimum cial Journal of the European Communities not less selling prices shall be fixed in accordance with the than 10 days before the final date for the submission procedure laid down in Article 38 of Regulation No of tenders . This date shall be 14 June 1976, not later 136/66/ EEC respectively for the seeds held by the than 2 p.m . German intervention agency and for the seeds held by the Danish intervention agency. Article 3 The prices shall be fixed, ex warehouse, for oil seeds of the standard quality for which intervention prices 1 . No tender shall be accepted until it states a price are fixed . Where the oil seeds offered for sale are not per lot, delivery ex warehouse . the said standard quality, their weight shall be deter­ 2. The tender shall be valid only if it is accompa­ mined by the method described in the Annex to nied by a security of two units of account per 100 kg. Commission Regulation (EEC) No 1204/72 of 7 June 1972 laying down detailed rules for the application of The security may be provided in cash or in the form the subsidy system for oil seeds ('), as last amended by of a guarantee satisfying the criteria laid down respec­ Regulation (EEC) No 676/76 (2), and the selling price tively in the Federal Republic of Germany and in shall be increased or reduced as specified in the Denmark . Annex to Commission Regulation No 282/67/ EEC of 11 July 1967 on detailed rules for intervention for oil Article 4 seeds (3), as last amended by Regulation ( EEC) No 2645/75 (4 ). The security referred to in Article 3 (2) shall be released where : Article 6 (a) the tenderer has not withdrawn his tender before the award of the contract and the tender has been Subject to the minimum prices referred to in Article unsuccessful ; 5, the contract shall be awarded to the highest bidder. (b) the successful tenderer, save in cases of force If several tenderers tender at the same price, the majeure, has paid to the intervention agency the successful tenderer shall be chosen by lot . amount corresponding to his tender, has taken over the oil seeds awarded to him under the Article 7 tender and has given proof that the oil seeds have been placed under control of an oil mill pursuant This Regulation shall enter into force on the day to Article 2 of Regulation (EEC) No 2114/71 or following its publication in the Official Journal of have been exported. the European Communities.

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

Done at Brussels, 26 May 1976.

For the Commission P.J. LARDINOIS Member of the Commission

(') OJ No L 133 , 10 . 6 . 1972, p . 1 . 2 OJ No L 81 , 27. 3 . 1976, p. 22 . P) OJ No 151 , 13 . 7 . 1967, p . 1 . C ) OJ No L 269, 18 . 10 . 1975, p . 28