31983R3335

26 . 11 . 83 No L 330 / 19 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3335/83

of 25 November 1983

amending for the second time Regulation (EEC) No 2108/83 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 bought and thus the amount of security required ; COMMUNITIES , whereas to remedy that situation, the security should

be fixed in advance of the invitation to tender ;

Having regard to the Treaty establishing the European Whereas products intended for processing under this Economic Community, Regulation are normally bought in large quantities ;

whereas a trader wanting to buy a small quantity

should not be excluded from buying ; whereas in such Having regard to Council Regulation (EEC) No cases the system described above cannot be applied ; 1603/83 of 14 June 1983 laying down special whereas the amount of security in such cases must be measures for the disposal of dried grapes and dried figs fixed at the level corresponding to that applicable to from the 1981 harvest held by storage agencies ('), and products which have not deteriorated during storage ; in particular Article 1 (5) thereof,

Whereas if a pruchaser does not process a certain

quantity of the products bought, the security or a part Whereas Article 5 (2) of Commission Regulation thereof will be withheld ; whereas when the products (EEC) No 2108 /83 (2), as amended by Regulation (EEC) are in such conditions that processing is not reason­ No 3015/83 (3), provides that a processing security ably feasible, in particular due to the duration of shall be fixed taking into consideration, in particular storage or transport, the processor should be allowed to the difference between the market price and the destroy the products ; whereas it would not be justified minimum price ; whereas as a consequence of the age in such cases to withhold securities ; whereas the of the products concerned, some of the products products should be considered as having complied removed from storage are in a condition such that with the requirements provided when they have been processing into products for human consumption is destroyed ; rendered difficult ; whereas, however, other products

have not deteriorated to any significant extent from Whereas the measures provided for in this Regulation storage ; whereas when it is established that the quan­ are in accordance with the opinion of the Management tity of products removed from storage consists both of Committee for Products Processed from Fruit and products having deteriorated and other products, the Vegetables, security can be fixed taking that fact into considera­

tion ; whereas it would be possible to meet such a

requirement only if products are bought in large quan­

tities ;

HAS ADOPTED THIS REGULATION :

Whereas in such cases the security should not be

released by instalments because the security is fixed at Article 1

a flat rate based on the different characteristics of all

products bought ; whereas Article 13 (5) of Commis­ Regulation (EEC) No 2108 /83 is hereby amended as sion Regulation (EEC) No 1687/76 of 30 June 1976 follows :

laying down common detailed rules for verifying the

use and/or destination of products from interven­ 1 . The figure '25 000' in Article 1 (5) is replaced by tion (4), as last amended by Regulation (EEC) No '5 000'. 1657/83 Q, should not apply to these securities ;

2. Article 5 (2) is replaced by the following :

Whereas under the present circumstances it is difficult '2. The processing security referred to in Article for traders to estimate the market price of the products 1 (4) shall be :

(a) 20 ECU per 100 kilograms net when the quan­ (') OJ No L 159, 17. 6 . 1983 , p. 5. (2) OJ No L 204, 28 . 7 . 1983 , p. 41 . tity bought amounts to 5 000 tonnes or more ;

3) OJ No L 296, 28 . 10 . 1983, p. 12. (b) 50 ECU per 100 kilograms net when the quan­ (4) OJ No L 190, 14. 7. 1976, p. 1 . O OJ No L 162, 22. 6 . 1983 , p . 10 . tity bought is less than 5 000 tonnes.'

No L 330/20 Official Journal of the European Communities 26. 11 . 83

3 . The following paragraph 4 is added to Article 5 : However, the provisions of Article 13 (5) of that

Regulation shall not apply to products sold under

Article5¶

4 . The authorities of the Member State where 5. The following paragraph 4 is added to Article 8 : the products are stored shall in respect of purchases '4. Products shall be considered as having amounting to 5 000 tonnes or more, establish that complied with the provisions of paragraph 2 in at least 70 % of the products removed from storage cases where it is established that they have been have deteriorated as a consequence of storage so destroyed in accordance with the wishes of the that processing into products for human consump­ purchaser.' tion is rendered difficult.'

Article2¶

This Regulation shall enter into force on the day

4. The following subparagraph is added to Article 8 following its publication in the Official Journal of the

( 1 ): European Communities.

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

States .

Done at Brussels, 25 November 1983 .

For the Commission

Poul DALSAGER

Member of the Commission