31978R2221

23 . 9 . 78 No L 260/7 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2221 /78 of 22 September 1978 laying down conditions for invitations to tender for colza and rape seed held by the German and Danish intervention agencies

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 is accepted from being offered for intervention a second time ; whereas the security should therefore Having regard to the Treaty establishing the European be forfeited unless the successful tenderer provides Economic Community, 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 subsidy for oilseeds (5), as last amended by Regulation Having regard to Council Regulation No 136/66/EEC (EEC) No 851 /78 (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 1 562/78 (2), and in particular Article 26 (3) thereof, corresponds to the actual market situation may be determined on the basis of the tenders received ;

Whereas during the 1977/78 marketing year the German and Danish intervention agencies bought in Whereas the contract should be awarded to the certain quantities of colza and rape seed pursuant to tenderer offering the highest price ; whereas, more­ Article 26 of Regulation No 136/66/EEC ; over, there 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 oilseeds bought in by intervention agen­ Whereas the measures provided for in this Regulation cies (3), as last amended by Regulation (EEC) No are in accordance with the opinion of the Manage­ 1687/76 (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 is unlikely that the quantities held by the German and Danish intervention agencies can be sold in accor­ dance with the price conditions laid down in Article 5 HAS ADOPTED THIS REGULATION : of Regulation (EEC) No 189/68 ; whereas, therefore, special measures must be taken to dispose of these oilseeds ;

Article 1 Whereas colza and rapeseed can at present be marketed in the Community at a price which accords more closely with the actual market situation than the 1 . There shall be put up for sale by tender on the price fixed in accordance with the said Article 5 ; Community market two lots of a total quantity of approximately 1 092 tonnes of colza and rapeseed held by the German intervention agency and two lots Whereas, in order to ensure favourable selling condi­ of a total quantity of approximately 963 tonnes of tions, the seeds should be put up for sale in lots ; colza and rapeseed held by the Danish intervention agency, which were bought in during the 1977/78 marketing year. Whereas a security should be provided to ensure the observance of the obligations involved in the submis­ 2. The provisions of Regulation (EEC) No 189/68 shall apply, subject to those of this Regulation. (!) OJ No 172, 30. 9. 1966, p. 3025/66. (2) OJ No L 185, 7. 7. 1978, p. 1 . (3) OJ No L 43, 17. 2. 1968, p. 7. (5) OJ No L 222, 2. 10. 1971 , p. 2. C) OJ No L 190, 14. 7. 1976, p. 1 . (') OJ No L 116, 28 . 4. 1978, p. 4.

No L 260/8 Official Journal of the European Communities 23 . 9 . 78

Article2¶

The notice of invitation to tender shall be published In the light of the tenders submitted, there shall be in the Official Journal of the European Communities fixed in accordance with the procedure laid down in not less than 10 days before the final date for the Article 38 of Regulation No 136/66/EEC a minimum submission of tenders . This date shall be 6 October price for the seeds held by the German intervention 1978, not later than 2 p.m. agency and a minimum price for those held by the Danish intervention agency. Article 3 The prices shall be fixed, ex storage depot, for oilseeds 1 . No tender shall be accepted unless it states a of the standard quality for which intervention prices price per lot, delivery ex storage depot. are fixed. Where the oilseeds offered for sale are not of the said standard qudity, their weight shall be deter­ The costs of weighing, sampling and analysis shall be mined by the method described in the Annex to borne by the intervention agency. Any other exit costs Commission Regulation (EEC) No 1204/72 of 7 June arising shall be borne by the purchaser. 1972 laying down detailed rules for the application of 2. Tenders shall be valid only if accompanied by a the subsidy system for oilseeds ('), as last amended by security of two units of account per 100 kilograms. Regulation (EEC) No 1856/78 (2), and the selling price shall be increased or reduced as specified in the The security may be provided in cash or in the form Annex to Commission Regulation No 282/67/EEC of of a guarantee satisfying the criteria laid down in the 11 July 1967 on detailed rules for intervention for Federal Republic of Germany and in the Kingdom of oilseeds (3), as last amended by Regulation (EEC) No Denmark. 1512/78 (4).

Article 4 Article 6 The security referred to in Article 3 (2) shall be released where : Subject to the minimum prices referred to in Article 5, the contract shall in each case be awarded to the (a) the tenderer has not withdrawn his tender before the award of the contract and the tender has been highest bidder. unsuccessful ; If two or more tenderers tender at the same price, the (b) the successful tenderer, save in cases of force successful tenderer shall be chosen by lot. majeure, has paid to the intervention agency the amount corresponding to his tender, has taken over the oilseeds awarded to him under the tender Article 7 and has given proof that the oilseeds have been placed under control at an oil mill pursuant to This Regulation shall enter into force on the day Article 2 of Regulation (EEC) No 2114/71 or have following its publication in the Official Journal of been exported. the European Communities.

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

Done at Brussels, 22 September 1978 .

For the Commission

Finn GUNDELACH Vice-President

(») OJ No L 133, 10 . 6. 1972, p. 1 . $ OJ No L 212, 2. 8. 1978, p. 8. (3) OJ No 151 , 13. 7. 1967, p. 1 . (<) OJ No L 178, 1 . 7. 1978, p. 58 .