31979R0961

17 . 5 . 79 No L 121 / 17 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 961 /79 of 16 May 1979 laying down conditions for invitations to tender for colza and rape seed held by the Belgian intervention agency

THE COMMISSION OF THE EUROPEAN Whereas the minimum selling price that most closely COMMUNITIES, corresponds to the actual market situation may be determined on the basis of the tenders received ; Having regard to the Treaty establishing the European Economic Community, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ ment Committee for Oils and Fats, Having regard to Council Regulation No 136/66/ EEC 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 590/79 (2), and in particular Article 26 (3) thereof, HAS ADOPTED THIS REGULATION :

Whereas during the 1978 /79 marketing year the Article 1 Belgian intervention agency bought in certain quanti­ ties of colza and rape seed pursuant to Article 26 of Regulation No 136/ 66/ EEC ; 1 . There shall be put up for sale by tender on the Community market one lot of a total quantity of approximately 60 tonnes of colza and rape seed held Whereas Commission Regulation (EEC) No 189/ 68 (3), as last amended by Regulation (EEC) No by the Belgian intervention agency and bought in 1 687/76 (4 ), laid down the conditions for sale by during the 1978/79 marketing year. tender on the Community market of oil seeds held by intervention agencies ; whereas, in view of the present 2. The provisions of Regulation (EEC) No 189/68 situation on the Community oil seeds market, it is shall apply, subject to those of this Regulation . unlikely that the quantities held by the Belgian inter­ vention agency can be sold in accordance with the price conditions laid down in Article 5 of Regulation Article 2 (EEC) No 189/ 68 ; whereas, therefore, special measures must be taken to dispose of these oil seeds ; The notice of invitation to tender shall be published in the Official Journal of the European Communities Whereas colza and rape seed can at present be not less than 10 days before the final date for the marketed in the Community at a price which accords submission of tenders. This date shall be 29 May more closely with the actual market situation than 1979 , at 2 p.m . (local time). that fixed in accordance with the said Article 5 ;

Whereas a security should be required in order to Article 3 ensure compliance with the obligations involved in the submission of a tender ; whereas, moreover, that security should be such as to prevent the seeds sold by 1 . No tender shall be accepted unless it states a tender from being offered for intervention a second price per lot, delivery ex storage depot. time ; whereas the security should therefore be for­ feited unless the successful tenderer provides proof The costs of weighing, sampling and analysis shall be that the seeds have been placed under control at an borne by the intervention agency. Any other exit costs oil mill pursuant to Article 2 of Council Regulation arising shall be borne by the purchaser. (EEC) No 2114/71 (5), as last amended by Regulation ( EEC) No 851 /78 (6), or have been exported ; 2. Tenders shall be valid only if accompanied by a security of 2 ECU per 100 kilograms. (') OJ No 172, 30 . 9 . 1966, p. 3025/66 (2) OJ No L 78 , 30 . 3 . 1979, p. 1 . (3) OJ No L 43 , 17 . 2. 1968 , p. 7 . The security may be provided in cash or in the form (4) OJ No L 190 , 14 . 7 . 1976, p. 1 . (5 ) OJ No L 222, 2. 10 . 1971 , p. 2. of a guarantee satisfying the criteria laid down in the (6 OJ No L 116, 28 . 4. 1978 , p. 4. Kingdom of Belgium .

No L 121 / 18 Official Journal of the European Communities 17 . 5, 79

Article 4 are fixed . Where the oil seeds offered for sale are not of the said standard quality, their weight shall be deter­ The security referred to in Article 3 (2) shall be mined by the method described in the Annex to released where : Commission Regulation (EEC) No 1 204/72 ('), as last (a) the tenderer has not withdrawn his tender before amended by Regulation (EEC) No 2980/78 (2), and the the award of the contract and the tender has been selling price shall be increased or reduced as specified unsuccessful ; in the Annex to Commission Regulation No 282/ (b) the successful tenderer, save in case of force 67/EEC (3), as last amended by Regulation (EEC), No 1512/78 (4). majeure, has paid to the intervention agency the amount corresponding to his tender, has taken over the oil seeds awarded to him under the Article 6 tender and has given proof that the oil seeds have been placed under control at an oil mill pursuant Subject to the minimum price referred to in Article 5, to Article 2 of Regulation (EEC) No 2114/71 or the contract shall be awarded to the highest bidder. have been exported . If two or more tenderers tender at the same price, the Article 5 successful tenderer shall be chosen by lot. In the light of the tenders submitted, a minimum price for the seeds shall be fixed in accordance with Article 7 the procedure laid down in Article 38 of Regulation No 136/ 66 / EEC . This Regulation shall enter into force on the day The price shall be fixed, ex storage depot, for oil seeds following its publication in the Official Journal of . of the standard quality for which intervention prices the European Communities;

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

Done at Brussels, 16 May 1979 .

For the Commission Finn GUNDELACH Vice-President

(') OJ No L 133 , 10 . 6 . 1972, p. 1 . (2) OJ No L 355, 19 . 12. 1978 , p. 17. (3) OJ No 151 , 13 . 7. 1967, p. 1 . (4) OJ No L 178 , 1 . 7 . 1978 , p. 58 .