21. 12. 82 Official Journal of the European Communities No L 360/19 COMMISSION REGULATION (EEC) No 3418/82 of 20 December 1982 on the procedure for sale of oil seeds held by the intervention agencies THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 1413/82 (), and in particular Articles 26 (3) and 27 (5) thereof, Having regard to Council Regulation No 142/67/EEC of 21 June 1967 on export refunds on colza, rape and sunflower seeds(}), as last amended by the Act of Accession of Greece, and in particular Article 6 thereof, Having regard to Council Regulation (EEC) No 878/77 of 26 April 1977 on the exchange rates to be applied in agriculture (%), as last amended by Regulation (EEC) No 2792/82 (%), and in particular Article 4 (3) thereof, Whereas under Council Regulation No 724/67/ EEC (), as last amended by Regulation (EEC) No 2382/79 (), oil seeds held by intervention agencies must be sold by tender; Whereas, since the purpose of sale by tender is to obtain the best price, contracts must be awarded to the tenderers quoting the highest prices, provided that the tenders in question correspond to the actual market situation ; whereas, for this reason, sale prices should be determined on the basis of the tenders, provided that these tenders are no lower than the intervention prices ; whereas, however, provision should be made, in special cases, for selling oil seeds held by interven- tion agencies at a price other than the one referred to above, to be fixed in accordance with Community rules ; Whereas, in both cases, buyers can be given equal access to the products and equal treatment by giving ) OJ No 172, 30. 9. 1966, p. 3025/66. ) O] No L 162, 12, 6. 1982, p. 6. % O] No 125, 26. 6. 1967, p. 2461/67. % OJ No L 106, 29. 4. 1977, p. 27. % OJ No L 295, 21. 10. 1982, p. 6. 9 OJ No 252, 19. 10. 1967, p. 10. ) O No L 274, 31. 10. 1979, p. 7. suitable publicity to the notice of invitation to, tender ; whereas, in the case of the former, agencies should, in order to comply with those principles, be required to accept tenders until all the quantities available have been sold ; whereas, in order to achieve that aim in the case of the latter, tenders should be submitted within a period to be fixed; Whereas the notices of invitation to tender and the tenders should contain all the necessary information for identifying the products in question ; Whereas provisions should be made to cover cases in which several tenders are submitted quoting the same price ; Whereas compliance with the terms of the contract should be guaranteed by lodging a security ; whereas rules should be laid down concerning the security in question and the conditions under which it may be forfeited, in whole or in part; whereas the extra costs incurred following an incomplete sale justify forfeiture of all the security when the contract is fulfilled in respect of less than 70 % of the amount originally set out therein ; Whereas under Article 4 (2) of Council Regulation (EEC) No 1134/68 (), the sums specified are payable on the basis of the exchange rate applicable when the transaction, or part of the transaction, was carried out ; whereas, under Article 6 of that Regulation, the time when a transaction is carried out is considered as being the date on which occurs the event, as defined by Community rules or, in the absence of and pending adoption of such rules, by the rules of the Member State concerned, in which the amount involved in the transaction becomes due and payable; whereas, however, the above rules may be waived pursuant to Article 4 (3) of Regulation (EEC) No 878/77; Whereas, for the transactions in question to be conducted rapidly, provision should be made for ful- filling the rights and obligations arising from the sales contract or sale by tender within certain periods ; Whereas Commission Regulation (EEC) No 189/68 (°) should be repealed ; () OJ No L 188, 1. 8. 1968, p. 1. () OJ No L 43, 7. 2. 1968, p. 7.