31982R0283

6 . 2 . 82 Official Journal of the European Communities No L 29 /7

COMMISSION REGULATION (EEC) No 283/82

of 5 February 1982

laying down conditions for invitations to tender for colza and rape seed held by the Danish intervention agency

THE COMMISSION OF THE EUROPEAN No 2114/71 (*), as last amended by Regulation (EEC) COMMUNITIES, No 851 /78 (*), or have been exported ;

Whereas the minimum selling price that most closely Having regard to the Treaty establishing the European corresponds to the actual market situation may be Economic Community, determined on the basis of the tenders received ;

Whereas the measures provided for in this Regulation Having regard to Council Regulation No 136/66/EEC are in accordance with the opinion of the Management of 22 September 1966 on the establishment of a Committee for Oils and Fats, common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 3454/80 (2), and in particular Article 26 (3) thereof, HAS ADOPTED THIS REGULATION :

Whereas during the 1981 /82 marketing year the Article 1 Danish intervention agency bought in certain quanti­ ties of colza and rape seed pursuant to Article 26 of 1 . There shall be put up for sale by tender 1 5 lots of Regulation No 136/66/EEC ; a total quantity of approximately 20 371 tonnes of colza and rape seed held by the Danish intervention agency and bought in during the 1981 /82 marketing Whereas Commission Regulation (EEC) No 189/68 (3), year. as last amended by Regulation (EEC) No 1528/81 (4), laid down the conditions for sale by tender on the 2. The provisions of Regulation (EEC) No 189/68 Community market of oil seeds held by intervention shall apply, subject to those of this Regulation. agencies ; whereas, in view of the present situation on the Community oils seeds market, it is unlikely that the quantities held by the Danish intervention agency Article 2 can be sold in accordance with the price conditions laid down in Article 5 of Regulation (EEC) No The notice of invitation to tender shall be published 189/68 ; whereas, therefore, special measures must be in the Official Journal of the European Communities taken to dispose of these oils seeds ; not less than 10 days before the final date for the submission of tenders. This date shall be 24 February 1982 at 2 p.m . (local time). Whereas colza and rape seed can at present be marketed in the Community at a price which accords Article 3 more closely with the actual market situation than that fixed in accordance with the said Article 5 ; 1 . No tender shall be accepted unless it states a price per lot, delivery ex storage depot. Whereas a security should be required in order to The costs of weighing, sampling and analysis shall be ensure compliance with the obligations involved in the submission of a tender ; whereas, moreover, that borne by the intervention agency. Any other exist costs arising shall be borne by the purchaser. security should be such as to prevent the seeds sold by tender from being offered for intervention a second 2. Tenders shall be valid only if accompanied by a time ; whereas the security should therefore be security of 5 ECU per 100 kilograms. forfeited unless the successful tenderer provides proof that the seeds have been placed under control at an oil The security may be provided in cash or in the form mill pursuant to Article 2 of Council Regulation (EEC) of a guarantee satisfying the criteria laid down in Denmark . (') OJ No 172, 30 . 9. 1966, p . 3025/66 . 2 OJ No L 360, 31 . 12. 1980, p. 16. 0 OJ No L 43, 17. 2. 1968 , p. 7. 0 OJ No L 222, 2. 10 . 1971 , p. 2. M OJ No L 149, 6. 6. 1981 , p. 24. («) OJ No L 116, 28 . 4. 1978, p. 4.

No L 29/8 Official Journal of the European Communities 6 . 2 . 82

Article 4 Commission Regulation (EEC) No 1 204/72 ('), as last amended by Regulation (EEC) No 3699/81 (2), and the The security referred to in Article 3 (2) shall be selling price shall be increased or reduced as specified released where : in the Annex to Commission Regulation No 282/ (a) the tenderer has not withdrawn his tender before 67/EEC (3), as last amended by Regulation (EEC) No the award of the contract and the tender has been 1983/81 (4). unsuccessful ; Article 6 (b) the successful tenderer, save in case of force majeure, has paid to the intervention agency the If no sale takes place a new notice of invitation to amount corresponding to his tender, has taken tender shall be published in the Official Journal of over the oil seeds awarded to him under the tender the European Communities not less than 10 days and has given proof that the oil seeds have been before the second expiry date for the submission of placed under control at an oil mill pursuant to tenders. The latter shall be 17 March 1982, at 2 p.m. Article 2 of Regulation (EEC) No 2114/71 or have (local time). been exported.

Article 7 Article 5 Subject to the minimum price referred to in Article 5, In the light of the tender submitted, a minimum price the contract shall be awarded to the highest bidder. for the seeds shall be fixed in accordance with the procedure laid down in Article 38 of Regulation No If two or more tenderers tender at the same price, the 136/66/EEC . successful tenderer shall be chosen by lot.

The price shall be fixed, ex storage depot, for oil seeds Article 8 of the standard quality for which intervention prices are fixed. Where the oil seeds offered for sale are not This Regulation shall enter into force on the day follo­ of the said standard quality, their weight shall be wing its publication in the Official Journal of the determined by the method described in the Annex to European Communities.

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

Done at Brussels, 5 February 1982. For the Commission Poul DALSAGER Member of the Commission

(») OJ No L 133, 10. 6. 1972, p. 1 . (2) OJ No L 369, 24. 12 . 1981 , p. 32. 3 OJ No 151 , 13 . 7. 1967, p. 1 . (4) OJ No L 193, 16. 7. 1981 , p. 21 .