31978R2708

No L 327/6 Official Journal of the European Communities 22. 11 . 78

COMMISSION REGULATION (EEC) No 2708 /78 of 21 November 1978 laying down conditions (or invitations to tender (or colza and rape seed held by the Danish intervention agency

THE COMMISSION OF THE EUROPEAN proof that the seeds have been placed under control at COMMUNITIES, 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 the Treaty establishing the European (EEC) No 851 /78 (6), or have been exported ; Economic Community, Whereas the minimum selling price that most nearly corresponds to the actual market situation may be Having regard to Council Regulation No 136/66/EEC determined on the basis of the tenders received ; of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No Whereas the measures provided for in this Regulation 1 562/78 (2), and in particular Article 26 (3) thereof, are in accordance with the opinion of the Manage­ ment Committee for Oils and Fats,

Whereas during the 1977/78 marketing year the Danish intervention agency bought in certain quanti­ ties of colza and rape seed pursuant to Article 26 of HAS ADOPTED THIS REGULATION : Regulation No 136/66/EEC ;

Whereas Commission Regulation (EEC) No Article 1 189/68 (3), as last amended by Regulation (EEC) No 1 687/76 (4), laid down the conditions for sale by tender on the Community market of oilseeds held by 1 . There shall be put up for sale by tender on the intervention agencies ; whereas, in view of the present Community market two lots of a total quantity of situation of the market for oilseeds in the Commu­ approximately 963 tonnes of colza and rape seed held nity, it is unlikely that the quantities held by the by the Danish intervention agency, which were Danish intervention agency can be sold in accordance bought in during the 1977/78 marketing year. with the price conditions laid down in Article 5 of Regulation (EEC) No 189/68 ; whereas, therefore, 2. The provisions of Regulation (EEC) No 189/68 special measures must be taken to dispose of these shall apply, subject to those of this Regulation. oilseeds ;

Article 2 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 The notice of invitation to tender shall be published price fixed in accordance with the said Article 5 ; in the Official Journal of the European Communities not less than 10 days before the final date for the submission of tenders . This date shall be 4 December Whereas, in order to ensure favourable selling condi­ 1978, not later than 2 p.m. tions, the seeds should be put up for sale in lots ;

Whereas a security should be provided to ensure the Article 3 observance of the obligations involved in the submis­ sion of a tender ; whereas, moreover, that security 1 . No tender shall be accepted unless it states a should be such as to prevent the seeds for which a price per lot, delivery ex storage depot. tender is accepted from being offered for intervention a second time ; whereas the security should therefore The costs of weighing, sampling and analysis shall be be forfeited unless the successful tenderer provides borne, by the intervention agency. Any other exit costs arising shall be borne by the purchaser. (>) 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. (4) OJ No L 190, 14. 7. 1976, p. 1 . (6) OJ No L 116, 28 . 4. 1978, p. 4.

22 . 11 . 78 Official Journal of the European Communities No L 327/ 7

2. Tenders shall be valid only if accompanied by a The price shall be fixed, ex storage depot, for oilseeds security of two units of account per 100 kilograms. of the standard quality for which intervention prices are fixed . Where the oilseeds offered for sale are not The security may be provided in cash or in the form of the said standard quality, their weight shall be deter­ of a guarantee satisfying the criteria laid down in the mined by the method described in the Annex to Kingdom of Denmark. Commission Regulation (EEC) No 1204/72 of 7 June 1972 laying down detailed rules for the application of Article 4 the subsidy system for oilseeds (*), as last amended by Regulation (EEC) No 1856/78 (2), and the selling price The security referred to in Article 3 (2) shall be shall be increased or reduced as specified in the released where : Annex to Commission Regulation No 282/67/EEC of (a) the tenderer has not withdrawn his tender before 11 July 1967 on detailed rules for intervention for the award of the contract and the tender has been oilseeds (3), as last amended by Regulation (EEC) No unsuccessful ; 1512/78 (4). (b) the successful tenderer, save in cases of force majeure, has paid to the intervention agency the Article 6 amount corresponding to his tender, has taken over the oilseeds awarded to him under the tender Subject to the minimum price referred to in Article 5, and has given proof that the oilseeds have been the contract shall be awarded to the highest bidder. placed under control at an oil mill pursuant to Article 2 of Regulation (EEC) No 2114/71 or have If two or more tenderers tender at the same price, the been exported. successful tenderer shall be chosen by lot.

Article 5 Article 7 In the light of the tenders submitted, a minimum price for the seeds shall be fixed in accordance with This Regulation shall enter into force on the day the procedure laid down in Article 38 of Regulation following its publication in the Official Journal of No 136/ 66/ EEC . the European Communities.

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

Done at Brussels, 21 November 1978 .

For the Commission

Finn GUNDELACH Vice-President

(>) OJ No L 133, 10 . 6. 1972, p. 1 . (2) OJ No L 212, 2. 8 . 1978, p. 8 . (3) OJ No 151 , 13 . 7. 1967, p. 1 . (4) OJ No L 178 , 1 . 7. 1978 , p. 58 .