31981R1215

****

( 1 ) OJ NO L 256 , 1 . 10 . 1980 , P . 61 .

COMMISSION REGULATION ( EEC ) NO 1215/81

OF 6 MAY 1981

LAYING DOWN DETAILED RULES FOR THE IMPLEMENTATION OF REGULATION ( EEC ) NO 2511/80 ON MEASURES TO ENCOURAGE THE USE OF FLAX FIBRES FOR THE 1980/81 AND 1981/82 MARKETING YEARS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2511/80 OF 30 SEPTEMBER 1980 ON MEASURES TO ENCOURAGE USE OF FLAX FIBRES FOR THE 1980/81 AND 1981/82 MARKETING YEARS ( 1 ), AND IN PARTICULAR ARTICLE 1 ( 4 ) THEREOF ,

WHEREAS , IN THE INTERESTS OF GOOD ADMINISTRATION , THE CAMPAIGNS FOR PROMOTING USE OF FLAX FIBRES TO BE DECIDED UPON BY THE COMMISSION SHOULD BE CARRIED OUT UNDER A DETAILED PROGRAMME AND WITHIN A GIVEN PERIOD ;

WHEREAS , TO THE SAME END , PROVISION SHOULD BE MADE FOR THE PRACTICAL EXECUTION OF THE SAID CAMPAIGNS UNDER PROCEDURES WHICH ARE FITTED TO THE TECHNICAL CHARACTERISTICS OF THE CAMPAIGNS IN QUESTION ; WHEREAS ASSESSMENT OF THE VARIOUS PROPOSALS PUT FORWARD UNDER THE PROCEDURES ADOPTED SHOULD BE CARRIED OUT ON THE BASIS OF CRITERIA WHICH AFFORD THE BEST POSSIBLE CHOICE ;

WHEREAS THE MEMBER STATES SHOULD BE INFORMED OF THE COMMISSION ' S SELECTION ;

WHEREAS THE NECESSARY PROVISIONS SHOULD BE MADE FOR THE PROPER EXECUTION OF THE CAMPAIGNS ENVISAGED ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR FLAX AND HEMP ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . FOR EACH MARKETING YEAR CONCERNED , THE COMMISSION SHALL , ON THE BASIS OF THE GENERAL PROGRAMME REFERRED TO IN ARTICLE 1 ( 3 ) OF REGULATION ( EEC ) NO 2511/80 , ADOPT A DETAILED PROGRAMME OF THE MEASURES REFERRED TO IN PARAGRAPH 1 OF THE SAID ARTICLE . THAT PROGRAMME SHALL BE CARRIED OUT DURING A MAXIMUM PERIOD OF 12 MONTHS AS FROM THE DATE THE CONTRACTS REFERRED TO IN ARTICLE 3 ( 2 ) ARE CONCLUDED .

2 . FOR THE PURPOSES OF DRAWING UP THE DETAILED PROGRAMME , THE COMMISSION SHALL CONSULT THE MANAGEMENT COMMITTEE FOR FLAX AND HEMP IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 13 OF REGULATION ( EEC ) NO 1308/70 .

ARTICLE 2

1 . OPEN OR RESTRICTED INVITATIONS TO TENDER SHALL BE ISSUED IN RESPECT OF THE MEASURES REFERRED TO IN THE FIRST INDENT OF ARTICLE 1 ( 2 ) OF REGULATION ( EEC ) NO 2511/80 AND INCLUDED IN THE DETAILED PROGRAMME . THE OPEN INVITATIONS TO TENDER SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

2 . THE MEASURES REFERRED TO IN THE SECOND INDENT OF ARTICLE 1 ( 2 ) OF REGULATION ( EEC ) NO 2511/80 AND INCLUDED IN THE DETAILED PROGRAMME SHALL BE CARRIED OUT BY MEANS OF DIRECT AGREEMENT OR AS A RESULT OF RESTRICTED INVITATIONS TO TENDER .

ARTICLE 3

1 . FOR THE PURPOSES OF ASSESSING THE TENDERS SUBMITTED BY THOSE CONCERNED THE COMMISSION SHALL TAKE INTO ACCOUNT :

- THEIR QUALITY AND COST ,

- THE EXTENT TO WHICH THEY MEET THE OBJECTIVES OF THE VARIOUS MEASURES ENVISAGED ,

- THE CONTRACTOR ' S DEGREE OF SPECIALIZATION AND EXPERIENCE IN THE FIELD COVERED BY THE MEASURE ENVISAGED .

THE COMMISSION SHALL ALSO TAKE ACCOUNT OF :

( A ) THE PROFESSIONAL AND FINANCIAL GUARANTEES PUT FORWARD BY THE TENDERER , IN THE CASE OF TENDERS CONCERNING THE CAMPAIGNS PROVIDED FOR IN THE FIRST INDENT OF ARTICLE 1 ( 2 ) OF REGULATION ( EEC ) NO 2511/80 ,

( B ) IN THE CASE OF TENDERS CONCERNING THE MEASURES PROVIDED FOR IN THE SECOND INDENT OF ARTICLE 1 ( 2 ) OF REGULATION ( EEC ) NO 2511/80 ,

- THE POSSIBLE MARKET FOR THE PRODUCTS CONCERNED ,

- THE FORECAST TIMETABLE FOR THE RESULTS ANTICIPATED ,

- RESEARCH WORK ALREADY CARRIED OUT OR IN PROGRESS IN THE FIELD IN QUESTION .

2 . THE COMMISSION SHALL SELECT TENDERS AND SHALL CONCLUDE THE RELEVANT CONTRACTS . IT SHALL INFORM THE MANAGEMENT COMMITTEE FOR FLAX AND HEMP ACCORDINGLY .

ARTICLE 4

THE COMMISSION SHALL PAY THE PRICE AGREED IN THE CONTRACT IN INSTALMENTS ON THE BASIS OF THE STATE OF PROGRESS OF THE WORK PROVIDED FOR . THE PROVISION OF A SECURITY TO GUARANTEE PERFORMANCE OF THE CONTRACT MAY BE REQUIRED .

THE BALANCE SHALL BE PAID AND THE SECURITY , WHERE APPROPRIATE , RELEASED ONLY WHERE THE COMMISSION FINDS THAT THE OBLIGATIONS UNDER THE CONTRACT HAVE BEEN COMPLIED WITH .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE ON THE 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 , 6 MAY 1981 .

FOR THE COMMISSION

POUL DALSAGER

MEMBER OF THE COMMISSION