EUR-Lex - 31968R0189 - EN

ARTICLE 1

INTERVENTION AGENCIES SHALL PLACE THE OIL SEEDS IN THEIR POSSESSION ON THE MARKET AGAIN BY TENDER IN THE MANNER LAID DOWN IN THE FOLLOWING ARTICLES .

ARTICLE 2

FOR THE PURPOSES OF THIS REGULATION , " INVITATION TO TENDER " MEANS A COMPETITION IN WHICH ALL INTERESTED PARTIES ARE INVITED TO SUBMIT TENDERS , THE CONTRACT BEING AWARDED TO THE PERSONS OFFERING THE HIGHEST PRICES , SUBJECT TO OBSERVANCE OF THE MINIMUM PRICES FIXED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS .

ARTICLE 3

1 . FOR EACH TENDER , THE INVITATION TO SUBMIT TENDERS SHALL BE PUBLISHED IN PARTICULAR IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

2 . INTERESTED PARTIES SHALL TAKE PART IN THE INVITATION TO TENDER BY SUBMITTING TENDERS IN WRITING AND IN SEALED ENVELOPES .

ARTICLE 4

1 . WHEN AN INTERVENTION AGENCY ISSUES AN INVITATION TO TENDER ON THE COMMUNITY MARKET , THE MEMBER STATE TO WHICH IT BELONGS SHALL NOTIFY THE COMMISSION AT LEAST TEN DAYS BEFORE THE DATE OF PUBLICATION .

2 . WHEN THE INVITATION TO SUBMIT TENDERS IS PUBLISHED , THE TERMS OF THE INVITATION TO TENDER SHALL BE INDICATED , IN PARTICULAR THE MINIMUM PRICE TO BE OBSERVED AND THE MINIMUM QUANTITY , BELOW WHICH TENDERS MAY BE REFUSED .

3 . THE INVITATION TO SUBMIT TENDERS REFERRED TO IN PARAGRAPH 2 SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES AT LEAST TWENTY DAYS BEFORE THE FINAL DATE FIXED FOR THE SUBMISSION OF TENDERS .

ARTICLE 5

1 . IF THE SEEDS OFFERED ARE STORED :

( A ) AT AN INTERVENTION CENTRE , THEIR SELLING PRICE MAY NOT BE LOWER THAN THE INTERVENTION PRICE RULING AT THAT CENTRE ON THE DAY ON WHICH CONTRACT IS AWARDED PLUS 0 5 UNITS OF ACCOUNT PER 100 KG ;

( B ) ELSEWHERE , THEIR SELLING PRICE MAY NOT BE LOWER THAN THE INTERVENTION PRICE RULING AT THE INTERVENTION CENTRE TO WHICH THE SEEDS MAY BE FORWARDED AT THE LOWEST COST PLUS 0 5 UNITS OF ACCOUNT PER 100 KG . WHEN TRANSPORT COSTS FROM THE PLACE WHERE THE SEEDS ARE HELD IN STORE TO TWO OR MORE INTERVENTION CENTRES ARE THE SAME , THE HIGHEST INTERVENTION PRICE SHALL BE CHOSEN .

2 . WHEN THE SEEDS OFFERED ARE NOT OF THE STANDARD QUALITY FOR WHICH THE INTERVENTION PRICES ARE FIXED , THE PRICE INCREASES AND REDUCTIONS LISTED IN ANNEX I TO COMMISSION REGULATION N 282/67/EEC ( 5 ) OF 11 JULY 1967 ON DETAILED RULES FOR INTERVENTION FOR OIL SEEDS SHALL APPLY TO THEIR SELLING PRICE .

ARTICLE 6

IF THE TREND IN SEED PRICES IS SUCH THAT THE SEEDS HELD BY THE INTERVENTION AGENCY CANNOT BE DISPOSED OF IN ACCORDANCE WITH THE PRICE CONDITIONS SET OUT IN ARTICLE 5 , THESE SEEDS SHALL BE PUT UP FOR SALE EITHER ON THE COMMUNITY MARKET OR FOR EXPORT UNDER CONDITIONS TO BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 38 OF REGULATION N 136/66/EEC .

ARTICLE 7

1 . IN THE CASE OF AN INVITATION TO TENDER FOR EXPORT , THE CONDITIONS TO BE OBSERVED SHALL INCLUDE , IN PARTICULAR :

_ THE MINIMUM PRICE ,

_ THE DEPOSIT REFERRED TO IN PARAGRAPH 3 ,

_ THE MINIMUM QUANTITY , BELOW WHICH TENDERS SHALL BE REFUSED .

2 . THE MINIMUM PRICE SHALL BE FIXED AT SUCH A LEVEL THAT IT DOES NOT DISTURB OTHER EXPORTS OF THE OIL SEEDS CONCERNED .

WHEN THE SITUATION ON THE WORLD MARKET OR THE SPECIFIC NEEDS OF CERTAIN MARKETS SO REQUIRE , DIFFERENT MINIMUM PRICES MAY BE FIXED , ACCORDING TO DESTINATION .

3 . INTERVENTION AGENCIES INVITING TENDERS IN THIS WAY SHALL REQUIRE THE EXPORTER WHO SUBMITTED THE SUCCESSFUL TENDER TO LODGE A SPECIAL DEPOSIT . THIS DEPOSIT SHALL BE RELEASED WHEN PROOF IS FURNISHED THAT THE SEEDS ACQUIRED BY TENDER HAVE IN FACT BEEN EXPORTED FROM THE COMMUNITY AND , WHERE APPROPRIATE , HAVE REACHED THEIR DESTINATION .

ARTICLE 8

CUSTOMS EXPORT FORMALITIES MUST BE COMPLETED IN THE MEMBER STATE IN WHICH THE INVITATION TO TENDER IS ISSUED .

ARTICLE 9

UNSUCCESSFUL PARTICIPATION IN AN INVITATION TO TENDER SHALL BE CONSIDERED TO BE A CASE OF FORCE MAJEURE WITHIN THE MEANING OF ARTICLE 5 ( 2 ) OF COUNCIL REGULATION N 116/67/EEC OF 6 JUNE 1967 ON THE SUBSIDY FOR OIL SEEDS AND OF ARTICLE 4 ( 2 ) OF REGULATION N 142/67/EEC .

SUCH CASE OF FORCE MAJEURE MAY BE INVOKED IN RESPECT OF QUANTITIES FOR WHICH AN APPLICANT , WHEN APPLYING FOR ADVANCE FIXING OF A SUBSIDY OR REFUND , DECLARES THAT HE HAD SUBMITTED A TENDER IN A SPECIFIED INVITATION TO TENDER ON CONDITION THAT THE DOCUMENT REFERRED TO IN ARTICLE 10 IS SENT BY THE INTERESTED PARTY TO THE COMPETENT AUTHORITY FOR THE RELEASE OF THE DEPOSIT REFERRED TO IN ARTICLE 5 OF REGULATION N 116/67/EEC OR IN ARTICLE 4 OF REGULATION N 142/67/EEC .

ARTICLE 10

AFTER THE INVITATION TO TENDER , THE INTERVENTION AGENCY SHALL SEND WHOLLY OR PARTIALLY UNSUCCESSFUL TENDERERS A DOCUMENT

_ CERTIFYING THAT THEY TOOK PART IN INVITATION TO TENDER ,

_ INDICATING THE QUANTITY FOR WHICH THE INTERESTED PARTY SUBMITTED AN UNSUCCESSFUL TENDER .

ARTICLE 11

MEMBER STATES SHALL ASSIST ONE ANOTHER IN IMPLEMENTING THE PROVISIONS OF THIS REGULATION AND IN PARTICULAR ARTICLES 9 AND 10 THEREOF .

ARTICLE 12

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 16 FEBRUARY 1968 .

FOR THE COMMISSION

THE PRESIDENT

JEAN REY