No L 329/8 Official Journal of the European Communities 17. 11. 81 COMMISSION REGULATION (EEC) No 3263/81 of 16 November 1981 laying down rules covering sales by tender or at prices fixed in advance of dried figs and dried grapes held by storage agencies THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2194/81 of 27 July 1981 laying down the general rules for the system of production aid for dried figs and dried grapes(!), and in particular Article 6 (2) 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 Regula- tion (EEC) No 2923/81 (), and in particular Article 4 3) Whereas, pursuant to Article 6 (2) of Council Regula- tion (EEC) No 2194/81, if the market situation so requires it may be decided that the storage agencies shall sell at prices fixed in advance dried figs or dried grapes on terms that take account of the market trend and ensure equal access to the products and equal treatment of purchasers ; Whereas equal access to the products and equal treat- ment of purchasers can be ensured if, when the ' selling price is fixed in advance, the storage agencies accept all applications received on any one day simul- taneously until supplies are exhausted ; i Whereas, where the selling price is determined by means of an invitation to tender, these principles can be respected by giving the notice of invitation to tender appropriate publicity ; Whereas, since the object of the tendering procedure is to obtain the best price, the award must go to the highest tender; whereas there should also be provi- sion for the case in which more than one tender is submitted at the same price for the same quantity; whereas, however, the highest price can be accepted () OJ No L 214, 1. 8. 1981, p. 1. () OJ No L 106, 29. 4. 1977, p. 27. {?) OJ No L 291, 12. 10. 1981, p. 1. only if it corresponds to the actual market situation ; whereas minimum selling prices should therefore be determined in accordance with a Community proce- dure, having due regard to the tenders received ; Whereas, to ensure efficiency in the disposal of stored products, minimum sale gquantities should be laid down ; Whereas invitations to tender and applications must include sufficient information to allow proper identifi- cation of the products concerned ; Whereas the submission of an application or a tender is facilitated if prospective purchasers are permitted to inspect the products ; whereas it should consequently be provided that the parties concerned 'waive in advance their right to lodge any complaint in respect of the quality and characteristics of the product which may be assigned to them ; Whereas fulfilment of the obligations contracted must be guaranteed through the lodging of a security which can be partly or wholly forfeited depending on the gravity of the breaches involved ; whereas the addi- tional cost involved when a contract is only partly executed justifies complete forfeiture when less than 60 % of the quantity initially contracted for is taken over; Whereas it should be left to Member States to adopt their own positions as to the gravity of breaches of certain subsidiary obligations included in sale contracts, having regard to their great diversity; Whereas, so that these operations may be carried out expeditiously, it should be laid down that the rights and obligations involved in a sale contract or a tender must be exercised or fulfilled within certain time limits ; Whereas Member States should inform the Commis- sion at regular intervals of the quantities sold so ‘that the Commission may be able to assess the progress of disposal ;