Regulation (EEC) No 3389/73 of the Commission of 13 December 1973 laying down the procedure and conditions for the sale of tobacco held by intervention agencies

• Published date: 15 December 1973
• Subject Matter: Tobacco
• Official Gazette Publication: Official Journal of the European Communities, L 345, 15 December 1973,Gazzetta ufficiale delle Comunità europee, L 345, 15 dicembre 1973,Journal officiel des Communautés européennes, L 345, 15 décembre 1973

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Regulation (EEC) No 3389/73 of the Commission of 13 December 1973 laying down the procedure and conditions for the sale of tobacco held by intervention agencies

Official Journal L 345 , 15/12/1973 P. 0047 - 0049
Finnish special edition: Chapter 3 Volume 5 P. 0184
Greek special edition: Chapter 03 Volume 10 P. 0055
Swedish special edition: Chapter 3 Volume 5 P. 0184
Spanish special edition: Chapter 03 Volume 7 P. 0097
Portuguese special edition Chapter 03 Volume 7 P. 0097

REGULATION (EEC) No 3389/73 OF THE COMMISSION of 13 December 1973 laying down the procedure and conditions for the sale of tobacco held by intervention agencies

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community;

Having regard to Council Regulation (EEC) No 727/70 (1) of 21 April 1970 on the common organization of the market in raw tobacco, as last amended by the Act (2) concerning the Conditions of Accession and the Adjustments to the Treaties, and in particular Articles 7 (4) and 15 thereof;

Whereas Article 3 of Council Regulation (EEC) No 327/71 (3) of 15 February 1971 laying down certain general rules relating to contracts for first processing and market preparation, to storage contracts and to the disposal of tobacco held by intervention agencies provides that such tobacco is to be sold on price terms determined on the basis of norm prices and premiums, of the costs of first processing and market preparation, and of market trends and demand;

Whereas, since tobacco is not by nature a homogeneous product, it should be put up for sale in complete lots made up by the intervention agency concerned;

Whereas the invitations to tender and sales by auction required to enable intervention agencies to dispose of the stocks held by them should not, however, interfere with the normal marketing arrangements provided for in Articles 3 and 4 of Regulation (EEC) No 727/70 ; whereas each proposed remarketing operation must therefore be subject to examination at Community level, in particular as regards the minimum selling price;

Whereas the contract should be awarded to the tenderer offering the most favourable terms;

Whereas all tenderers should be required to give security for performance of the obligations arising out of their participation in the invitation to tender ; whereas, in the case of an invitation to tender with a view to exportation, the purpose of the security should also be to guarantee that the tobacco purchased is actually exported from the Community ; whereas purchasers of tobacco at sales by public auctions should also be required to give such security;

Whereas, to take account of administrative facilities currently existing in the Member States, it should be provided that the customs formalities on exportation are to be carried out in the Member State where the contracts are awarded;

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