31984R0467

24 . 2 . 84 No L 53/29 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 467/84 of 23 February 1984 amending for the third , 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 Committee for Products Processed from Fruit and COMMUNITIES, 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 1981 harvest held by storage agencies ('), and in particular Article 1 (5) thereof, Regulation (EEC) No 2108/83 is hereby amended as follows : Whereas dried grapes and dried figs are stored in bags ; whereas the minimum selling price fixed 1 . Article 4 (1 ) is replaced by the following : pursuant to the provisions of Article 5 ( 1 ) of Commis­ ' 1 . A tender shall not be valid unless it : sion Regulation (EEC) No 2108/83 (2), as last amended by Regulation (EEC) No 3335/83 (3), covers only (a) contains the details referred to in Article 8 (2) of products not put up in bags ; whereas tenderers should Regulation (EEC) No 3263/81 and in paragraph indicate whether or not the products are to be taken 5 of this Article, and over in bags ; whereas, in cases where the products are to be taken over in bags, rules for settling payment for, (b) is accompanied by a written undertaking by the or the return of, the bags should be laid down by the tenderer to the effect that he will have the competent authorities of the Member States ; products processed solely into products falling within heading No 23.07 of the Common Whereas tenderers should be permitted to request that Customs Tariff or denatured in such a way that the products be fumigated before they are taken over ; they cannot be used subsequently for human whereas this request should be made in the tender ; consumption or incorporated into products for whereas, for practical reasons, the products should human consumption.' remain in bags until fumigation, if requested, has been carried out ; 2. The following paragraphs are added to Article 4 :

' 5. In the tender shall be indicated in addition to Whereas tenderers cannot make claims in respect of the details referred to in Article 8 (2) of Regulation the quality or characteristics of a product awarded to (EEC) No 3263/81 : them ; whereas, in cases where it is evident that the whole content of a bag is unfitted for the specific use, (a) whether the products are to be taken over in such bag should be separated by the storage agency bags or in bulk ; and not delivered from stock ; (b) whether or riot fumigation is requested before Whereas, in cases where products are intended for the products leave the control of the storage processing in a Member State other than that in which agency. they are stored, they must be accompanied by specific control documents ; whereas to ensure the necessary 6. In cases where the tenderer has requested control of the products, no handlings other than those fumigation, the products shall remain in bags until indicated in the tender should be allowed before the fumigation has taken place. products are dispatched ; 7. Where fumigation has been requested or the Whereas the measures provided for in this Regulation products are to be taken over in bags in accordance are in accordance with the opinion of the Management with the tender, the tenderer shall pay for the bags or ensure that they are returned to the storage agency in accordance with the rules indicated in (') OJ No L 159 , 17. 6 . 1983, p. 5. the specific invitation to tender drawn up by the (z) OJ No L 204, 28 . 7. 1983, p . 41 . storage agency. (3) OJ No L 330, 26. 11 . 1983, p. 19 .

No L 53/30 Official Journal of the European Communities 24. 2. 84

The fees for the fumigation shall be paid in addi­ weighing on balances approved by the authorities tion to the price for the products. The fees shall be competent for verification of balances.' fixed by the competent authorities in the Member 4. The following paragraph is added to Article 8 : State in which the products are stored.' '5. In cases where products are intended for processing in a Member State other than that in 3 . The following Article 4a is inserted : which they are stored, the products shall be dispatched : 'Article 4a (a) in bulk, and/or (b) without fumigation, 1 . In cases where practically the whole content unless indicated otherwise in the tender in accord­ of a bag is unfitted for animal fodder, in particular ance with the provisions of Article 4 (5).' as determined by the smell of the products, such bag shall be separated by the storage agency and not delivered from stock. Article 2

This Regulation shall enter into force on the day 2. The storage agency shall ensure that the quan­ following its publication in the Official Journal of the tity of products delivered is determined by European Communities.

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

Done at Brussels, 23 February 1984. For the Commission Poul DALSAGER Member of the Commission