31983R2108

28 . 7. 83 No L 204/41 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2108/83 of 27 July 1983 opening a standing invitation to tender for the sale of dried grapes and dried figs from the 1981 harvest intended for specific uses

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables, Having regard to the Treaty establishing the European Economic Community,

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 1603/83 of 14 June 1983 laying down special measures for the disposal of dried grapes and dried figs Article 1 from the 1 98 1 harvest held by storage agencies ('), and in particular Article 1 (5) thereof, 1 . Dried grapes and dried figs bought in by storage agencies prior to 1 September 1982 shall be sold for Whereas Regulation (EEC) No 1603/83 provides for purpose other than human consumption and distilla­ sales of dried figs and dried grapes from the 1981 tion . harvest to processors using them for purposes other than human consumption ; whereas that is a new use 2. Products shall be sold in accordance with the for the products in question ; whereas the standing standing invitation to tender procedure, each of the invitation to tender procedure is the most suitable one storage agencies being responsible for the products it for such sales ; holds .

3 . Articles 6 to 9, 11 to 15, 16 ( 1 ), 17 ( 1 ) and 18 to Whereas a processing security should be required in 21 of Regulation (EEC) No 3263/81 shall be appli­ order to guarantee that the products are used for the cable to the sales provided for in paragraph 1 . purpose specified ;

4. A processing security shall be required in order Whereas Commission Regulation (EEC) No 3263/81 to guarantee compliance with the obligations entered of 16 November 1981 laying down rules covering sales into by the tenderer. by tender or at prices fixed in advance of dried figs and dried grapes held by storage agencies (2) lays down provisions for sales by tender of products for human Article 2 consumption ; whereas some of these provisions should also be applied to products sold under this 1 . The storage agency shall, during the period of Regulation ; validity of the standing invitation to tender, issue partial invitations to tender. Each partial invitation to tender shall relate to the products referred to in Article Whereas Commission Regulation (EEC) No 1687/76 1 which are still available . of 30 June 1976 laying down common detailed rules for verifying the use and/or destination of products 2. The closing date for the submission of tenders from intervention (3), as last amended by Regulation for the first partial invitation to tender shall be 12 (EEC) No 1657/83 (4), specifies particular measures August 1983 at 1 p.m . and, for the second partial invi­ applicable to products from intervention intended for tation to tender, 5 September 1983 at 1 p.m. The a specific use and/or destination ; whereas products closing date for the submission of tenders for each from storage agencies are in a similar situation to subsequent partial invitation to tender shall be the products covered by the abovementioned Regulation ; fifth of each month at 1 p.m . If the fifth is a public whereas the provisions of that Regulation should also holiday, the closing date shall be the first working day be applicable to products sold pursuant to this Regula­ thereafter at 1 p.m . tion ; 3 . Information concerning the quantities available (') OJ No L 159, 17. 6. 1983, p. 5. and the places where the products are stored may be 0 OJ No L 329, 17. 11 . 1981 , p. 8 . obtained by those concerned from the addresses listed 0 OJ No L 190, 14. 7. 1976, p. 1 . in Annex I. (4) OJ No L 162, 22. 6. 1983, p . 10 .

No L 204/42 Official Journal of the European Communities 28 . 7 . 83

Article 3 market price for the products and the minimum price fixed . The storage agency shall make the necessary arrange­ ments to enable those concerned to examine, at their 3 . The exchange rate used to convert the minimum expense, samples of the products for sale, before selling price referred to in paragraph 1 and the price submitting a tender. payable by the successful tenderers shall be the repre­ sentative rate in force on the closing date for the submission of tenders for the relevant partial invitation to tender. Article 4

1 . A tender shall not be valid unless it contains the Article 6 details referred to in Article 8 (2) of Regulation (EEC) 1 . Where the quantity specified in a tender exceeds No 3263/81 and is accompanied by a written under­ the quantity of products still available from the ware­ taking by the tenderer to the effect that he will have house concerned, an award shall be made to the the products processed solely into products falling within heading No 23.07 of the Common Customs tenderer in question for the quantity available only. Tariff or denatured in such a way that they cannot be 2. The rights and obligations arising from the invi­ used subsequently for human consumption or incor­ tation to tender shall not be transferrable . porated into products for human consumption.

2. It may be indicated in a tender that it is to be Article 7 regarded as having been submitted only if : 1 . Where the payment referred to in Article 20 of (a) the award relates to the entire quantity specified in Regulation (EEC) No 3263/81 has been made, and the the tender ; security referred to in Article 5 (2) provided, the (b) the award relates to the quantity specified in the storage agency shall issue a removal voucher indicat­ tender . ing : (a) the quantity in respect of which the conditions 3 . The tender may not be withdrawn after the referred to above have been satisfied ; closing date referred to in Article 2 (2) for the submis­ (b) the warehouse where the products are being sion of tenders for the partial invitation to tender in stored ; question. (c) the time limit for taking delivery of the products ; 4. Tenders must be submitted in writing : (d) the closing date for the submission of tenders relating to the partial invitation to tender under — in the case of products held by the Greek storage which the products were sold. agency, to the relevant storage agency, at the head office of IDAGEP, 5, Acharnon Street, Athens, 2. Where the payment referred to in Article 20 of Regulation (EEC) No 3263/81 has been made but the — in the case of products held by an Italian storage products have not been removed within the period agency, to the relevant storage agency, at the head referred to in Article 19 ( 1 ) of that Regulation, the office of AIMA, via Palestro, 81 , Rome . storage costs shall be borne by the successful tenderer from the day after the day referred to in paragraph 1 (c)- Article 5

Article 8 1 . In the light of the tenders received for each partial invitation to tender a minimum selling price shall be fixed in accordance with the procedure laid 1 . The provisions of Regulation (EEC) No 1687/76 down in Article 20 of Council Regulation (EEC) No shall apply to products sold pursuant to this Regula­ tion . 516/77 (■). 2. Products shall be regarded as having satisfied the It may be decided not to make an award. conditions relating to their use if it is established that : 2. At the same time as the minimum selling price, — they have been used in the manufacture of and in accordance with the same procedure, the products falling within heading No 23.07 of the amount of the processing security referred to in Article Common Customs Tariff, or 1 (4) shall be fixed per 100 kilograms, account being — they have been denatured in such a way that they taken, in particular, of the difference between the cannot be used subsequently for human consump­ tion or incorporated into products for human (>) OJ No L 73, 21 . 3 . 1977, p. 1 . consumption.

28 . 7 . 83 Official Journal of the European Communities No L 204/43

3. The special endorsements to be entered in provided the processing security referred to in sections 104 and 106 of the control copy shall be Article 5 (2) of this Regulation. those set out in Annex II . 2. Where a tender is not accepted, the security provided in respect of that tender shall be released Article 9 immediately.

3. Except in cases of force majeure, the processing security referred to in Article 5 (2) shall be forfeit in 1 . Except in cases of force majeure, the security referred to in Article 16 ( 1 ) of Regulation (EEC) No proportion to the quantities for which the evidence referred to in Regulation (EEC) No 1687/76 has not 3263/81 shall be forfeit in respect of the quantity for which the tenderer : been furnished within 18 months from the closing date for the submission of tenders referred to in Article 2 (2). (a) has withdrawn his tender after the closing date for the submission of tenders referred to in Article 2 Article 10 (2); or (b) has not, within the time limit specified, paid the This Regulation shall enter into force on the day amount specified in the tender as referred to in following its publication in the Official Journal of the European Communities. Article 17 ( 1 ) of Regulation (EEC) No 3263/81 or

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

Done at Brussels, 27 July 1983 . For the Commission Poul DALSAGER Member of the Commission

No L 204/44 28 . 7. 83 Official Journal of the European Communities

ANNEX I

List of storage agencies referred to in Article 2 (3)

A. Dried grapes 1 . K.SOS, Kanaris Street 24, Athina, Greece. 2. Enosis Georgicon Sineterismon Iracliou Critis, Iraclio Critis, Greece . 3 . Enosis Georgicon Sineterismon Messaras, Mires Iracliou Critis, Greece. 4. Enosis Georgicon Sineterismon Monofatsiou, Assimi Iracliou Critis, Greece. 5. Eleourgicos, Oinopiiticos ke Pistoticos Sineterismos Archanon Critis, Archanes Critis, Greece . 6 . Eleourgicos ke Oinopiiticos Sineterismos Casteliou Pediados Critis, Casteli Pediados Critis, Greece . 7. Eleourgicos Sineterismos Kroussonos Iracliou Critis, Iraclio Critis, Greece . 8 . Enosis Paragogicon Sineterismon Pezon, Kalloni Iracliou Critis, Greece . 9 . Enosis Paragogicon Sineterismon, Melopotamos Critis, Greece . 10 . Enosis Paragogicon Sineterismon, Sitia Critis, Greece .

B. Figs 1 . Sykiki, Kritis Street 13, Kalanjata, Greece. 2. Giat, Monfrassano Scalo, 87010 Cosenza, Italy.

ANNEX II

Special endorsements to be entered in sections 104 and 106 of the control copy

Section 104 : 'For processing (Regulation (EEC) No 2108 /83)'. 'Til forarbejdning (forordning (EØF) nr. 2108/83). 'Zur Verarbeitung (Verordnung (EWG) Nr. 2108 /83). ' Για μεταποίηση (κανονισμός ( ΕΟΚ.) αριθ. 2108/83). ' Destiné à la transformation (règlement (CEE) n0 2108 /83). 'Destinato alla trasformazione (regolamento (CEE) n . 2108 /83). 'Voor verwerking (Verordening (EEG) nr. 2108 /83). Section 106 : 'The closing date for the submission of tenders for the partial invitation to tender .