COMMISSION REGULATION (EC) No 1028/98 of 15 May 1998 on the sale by tender of beef held by certain intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organisation of the market in beef and veal (1), as last amended by Regulation (EC) No 2634/97 (2), and in particular Article 7(3) thereof,
Whereas the application of intervention measures in respect of beef has created stocks in several Member States; whereas, in order to prevent an excessive prolongation of storage, part of these stocks should be sold by tender;
Whereas the sale should be made subject to the rules laid down by Commission Regulation (EEC) No 2173/79 (3), as last amended by Regulation (EC) No 2417/95 (4), subject to certain special exceptions which are necessary;
Whereas, with a view to ensuring a regular and uniform tendering procedure, measures should be taken in addition to those laid down in Article 8(1) of Regulation (EEC) No 2173/79;
Whereas provision should be made for derogations from Article 8(2)(b) of Regulation (EEC) No 2173/79, in view of the administrative difficulties which application of this point creates in the Member States concerned;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. The sale shall take place of:
- approximately 100 tonnes of bone-in hindquarters held by the Belgian intervention agency,
- approximately 100 tonnes of bone-in hindquarters held by the Danish intervention agency,
- approximately 100 tonnes of bone-in hindquarters held by the German intervention agency,
- approximately 100 tonnes of bone-in hindquarters held by the Spanish intervention agency,
- approximately 100 tonnes of bone-in hindquarters held by the French intervention agency,
- approximately 100 tonnes of bone-in hindquarters held by the Italian intervention agency,
- approximately 100 tonnes of bone-in hindquarters held by the Irish intervention agency,
- approximately 100 tonnes of bone-in hindquarters held by the Dutch intervention agency,
- approximately 100 tonnes of bone-in hindquarters held by the Austrian intervention agency,
- approximately 100 tonnes of bone-in hindquarters held by the Swedish intervention agency,
- approximately 400 tonnes of boneless beef held by the French intervention agency,
- approximately 500 tonnes of boneless beef held by the Irish intervention agency,
- approximately 500 tonnes of boneless beef held by the United Kingdom intervention agency.
Detailed information concerning quantities is given in Annex I.
2. Subject to the provisions of this Regulation the products referred to in paragraph 1 shall be sold in accordance with Regulation (EEC) No 2173/79, in particular Titles II and III thereof.
Article 2
1. Notwithstanding Articles 6 and 7 of Regulation (EEC) No 2173/79, the provisions of and Annexes to this Regulation shall serve as a general notice of invitation to tender.
The intervention agencies concerned shall draw up a notice of invitation to tender which shall include the following:
(a) the quantities of beef offered for sale; and
(b) the deadline and place for submitting tenders.
2. Interested parties may obtain the details of the quantities available and the places where the products are stored from the addresses listed in Annex II to this Regulation. The intervention agencies shall, in addition, display the notice referred to in paragraph 1 at their head offices and may publish it in other ways.
3. For each product mentioned in Annex I the intervention agencies concerned shall sell first the meat which has been stored the longest.
4. Only tenders which reach the intervention agencies concerned by 12 noon on 25 May 1998 shall be considered.
5. Notwithstanding Article 8(1) of Regulation (EEC) No 2173/79, a tender must be submitted to the intervention agency concerned in a closed envelope, bearing the reference to the Regulation concerned. The closed envelope must not be opened by the intervention agency before the expiry of the tender deadline referred to in paragraph 4.
6. Notwithstanding Article 8(2)(b) of Regulation (EEC) No 2173/79, tenders shall not indicate in which cold store or stores the products are held.
Article 3
1. Member States shall provide the Commission with information concerning the tenders received not later than the working day following the deadline set for the submission of tenders.
2. After the tenders received have been examined a minimum selling price shall be set for each product or the sale will not proceed.
Article 4
The security provided for in Article 15(1) of Regulation (EEC) No 2173/79 shall be ECU 120 per tonne.
Article 5
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, 15 May 1998.