31976R2677

No L 302/ 14 Official Journal of the European Communities 4. 11 . 76

COMMISSION REGULATION ( EEC) No 2677/76 of 3 November 1976 laying down conditions for invitations to tender for colza and rape seed held by the German, Danish and British intervention agencies

THE COMMISSION OF THE EUROPEAN be forfeited unless the successful tenderer provides COMMUNITIES , proof that the seeds have been placed under control at an oil mill pursuant to Article 2 of Council Regula­ tion (EEC) No 2114/71 of 28 September 1971 on the Having regard to the Treaty establishing the European subsidy for oil seeds (5), as amended by Regulation Economic Community, (EEC) No 2730/71 (6), or have been exported ;

Having regard to Council Regulation No 136/66/EEC Whereas the minimum selling price that most nearly of 22 September 1966 on the establishment of a corresponds to .the actual market situation may be common organization of the market in oils and determined on the basis of the tenders received ; fats ('), as last amended by Regulation (EEC) No 1 707/73 (2), and in particular Article 26 (3) thereof, Whereas the contract should be awarded to the tenderer offering the highest price ; whereas, more­ Whereas during the 1975/76 and 1976/77 marketing over, there should be rules concerning the award of years the ; German , Danish and British intervention the contract in the event of several tenders being agencies each bought in certain quantities of colza made at the same price ; and rape seed pursuant to Article 26 of Regulation No 136/ 66 / EEC, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas Commission Regulation ( EEC) No 189/ 68 of ment Committee for Oils and Fats, 16 February 1968 on certain detailed rules for the disposal of oil seeds bought in by intervention agen­ cies (3), as last amended by Regulation ( EEC) No 1 687/ 76 (4), laid down the conditions for sale by HAS ADOPTED THIS REGULATION : 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 is unlikely that the quantities held by the German, Article 1 Danish and British intervention agencies can be sold in accordance with the price conditions laid down in 1 . . There, shall be put up for sale by tender on the Article 5 of Regulation ( EEC) No 189 /68 ; whereas, Community* market : therefore, special measures must be taken to dispose of these oil seeds ; — one lot of a total quantity of approximately 1 280 metric tons of colza and rape seed held by the German intervention agency, and six lots of a total Whereas colza and rape seed can at present be marketed in the Community at a price which accords quantity of approximately 3 550 metric tons of more closely with the actual market situation than the colza and rape seed held by the Danish interven­ price fixed in accordance with the said Article 5 ; tion agency, all of which were bought in during the 1975/76 marketing year ; Whereas, in order to ensure favourable selling condi­ — eight lots of a total quantity of approximately tions, the seeds should be put up for sale in lots ; 4 970 metric tons of colza and rape seed held by the German intervention agency and two lots of a total quantity of approximately 110 metric tons of Whereas a security should be provided to ensure the colza and rape seed held by the British interven­ observance of the obligations involved in the submis­ tion agency, all of which were bought in during sion of a tender ; whereas , moreover, that security the 1976/ 77 marketing year. should be such as to prevent the seeds for which a tender is accepted from being offered for intervention 2. The provisions of Regulation ( EEC) No 189 /68 a second time ; whereas the security should therefore 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 . (3 ) OJ No L 43 , 17. 2. 1968 , p . 7. (5) OJ No L 222, 2. 10 . 1971 , p . 2. (4 ) OJ No L 190, 14. 7. 1976, p . 1 . (6) OJ No L 282, 23 . 12. 1971 , p. 18 .

4 . 11 . 76 Official Journal of the European Communities No L 302/ 15

Article 2 procedure laid down in Article 38 of Regulation No 136/66/EEC for, respectively, the seeds held by the The notice of invitation to tender shall be published German intervention agency, the seeds held by the in the Official Journal of the European Communities Danish intervention agency, and the seeds held by the not less than 10 days before the final date for the British intervention agency. submission of tenders . This date shall be 16 November 1976, not later than 2 p.m . The prices shall be fixed, ex storage depot, for oil Article 3 seeds of the standard quality for which intervention prices are fixed. Where the oil seeds offered for sale 1 . No tender shall be accepted unless it states a are not of the said standard quality, their weight shall price per lot, delivery ex storage depot. be determined by the method described in the Annex to Commission Regulation (EEC) No 1204/72 of 7 2. Tenders shall be valid only if accompanied by a June 1972 laying down detailed rules for the applica­ security of two units of account per 100 kg. tion of the subsidy system for oil seeds ('), as last The security may be provided in cash or in the form amended by Regulation (EEC) No 676/76 (2), and the of a guarantee satisfying the criteria laid down in selling price shall be increased or reduced as specified respectively, the Federal Republic of Germany, in the Annex to Commission Regulation No 282/ Denmark and the United Kingdom . 67/ EEC of 11 July 1967 on detailed rules for interven­ tion for oil seeds (3), as last amended by Regulation Article 4 (EEC) No 1702/76 (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 in each case be awarded to the (b) the successful tenderer, save in cases of force highest bidder. majeure, has paid to the intervention agency the amount corresponding to his tender, has taken over the oil seeds awarded to him under the If two or more tenderers tender at the same price, the tender and has given proof that the oil seeds have successful tenderer shall be chosen by lot. been placed under control at an oil mill pursuant to Article 2 of Regulation (EEC) No 2114/71 or have been exported . Article 7

Article 5 This Regulation shall enter into force on the day In the light of the tenders submitted, minimum following its publication in the Official Journal of selling prices 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, 3 November 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. (3) OJ No 151 , 13 . 7. 1967, p. 1 . (4) OJ No L 191 , 15. 7 . 1976, p . 14.