31976R3110

No L 351 / 24 21 . 12 . 76 Official Journal of the European Communities

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REGULATION ( EEC) No 3110/76 of 20 December 1976 authorizing the supply to the processing industries of oranges withdrawn from the market, laying down the conditions for such supply and amending Regula­ tion (EEC) No 1687/76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considerable quantities of oranges of Whereas it is necessary to adopt measures ensuring pigmented varieties will be withdrawn from the that the products allocated are actually processed ; market ; whereas, by reason of technical difficulties in whereas, to this end, a processing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 Oranges of the varieties of the Sanguinello group, and should be fixed, regard being had to the normal price of the Sanguigno group, withdrawn from the market of supplies to the industry ; 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.

21 . 12. 76 No L 351 /25 Official Journal of the European Communities

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 ranking order, as quantities become available . 2. The minimum sale price shall be 31-40 units of 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 ; 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 . 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 the quantities and characteristics of the products for (c) the price offered, per metric ton net ex-storage sale, shall forthwith be communicated to any inte­ depot, expressed in the currency of the Member rested party on request. State where the award of contracts is to take place ; (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 .

No L 351 /26 21 . 12 . 76 Official Journal of the European Communities

Article10¶

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 verwerkt (Verordening 2. As soon as the communication provided for in (EEG) nr. 3110/76)' the first subparagraph of paragraph 1 has been made, 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 Article 14 The agency appointed by the Member State shall, 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