COMMISSION REGULATION (EC) No 3173/93 of 18 November 1993 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of boneless beef held by certain intervention agencies and intended for export to certain destinations, repeating Regulations (EEC) No 618/92 and (EEC) No 2582/93
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 organization of the market in the beef and veal sector (1), as last amended by Regulation (EEC) No 125/93 (2), and in particular Article 7 (3) thereof,
Whereas Commission Regulation (EEC) No 2539/84 of 5 September 1984 laying down detailed rules for certain sales of frozen beef held by the intervention agencies (3), as last amended by Regulation (EEC) No 1759/93 (4), has provided for the possibility of applying a two-stage procedure when selling beef from intervention stocks; whereas Commission Regulation (EEC) No 2824/85 of 9 October 1985 laying down detailed rules for the sale of frozen boned beef from intervention stocks for export either in the same state or after cutting and/or repacking (5), as amended by Regulation (EEC) No 251/93 (6) provided for repackaging under certain conditions;
Whereas certain intervention agencies hold large stocks of intervention meat; whereas an extension of the period of storage for the meat bought in should be avoided on account of the ensuing high costs; whereas part of that meat should be put up for sale in accordance with Regulations (EEC) No 2539/84 and (EEC) No 2824/85 for import into the Republics resulting from the dissolution of the USSR;
Whereas, in view of the urgency and the specific nature of the operation and of the need for controls, special detailed rules must be laid down in particular as regards the minimum quantity which may be purchased during the operation;
Whereas it is necessary to lay down a time limit for the export of the said meat; whereas this time limit should be fixed by taking into account Article 5 (b) of Commission Regulation (EEC) No 2377/80 of 4 September 1980 on special detailed rules for the application of the system of import and export licences in the beef and veal sector (7), as last amended by Regulation (EEC) No 2867/93 (8);
Whereas in order to ensure that beef sold is exported to the intended destination, the lodging of a security, as specified in Article 5 (2) (a) of Regulation (EEC) No 2539/84, should be required;
Whereas, in order to ensure a smoother functioning of the export operations, provision should be made for derogations from certain provisions relating to the release of the security;
Whereas it is appropriate to specify that, in view of the prices which have been fixed in the context of these said, exports should not be eligible for the refunds periodically fixed in the beef and veal sector;
Whereas products held by intervention agencies and intended for export are subject to the provision of Commission Regulation (EEC) No 3002/92 (9), as last amended by Regulation (EEC) No 1938/93 (10);
Whereas Commission Regulations (EEC) No 618/92 (11) and (EEC) No 2582/93 (12) should be repealed;
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. A sale shall be organized of approximately:
- 10 000 tonnes of boneless beef held by the Irish intervention agency bought in before 1 January 1993,
- 10 000 tonnes of boneless beef held by the intervention agency of the United Kingdom and bought in between 1 January 1991 and 1 January 1992.
2. This meat must be imported into one or more Republics resulting from the dissolution of the USSR (see Annex IV).
3. Subject to the provisions of this Regulation, the sale shall take place in accordance with the provisions of Regulations (EEC) No 2539/84 and (EEC) No 2824/85.
4. The qualities and the minimum prices referred to in Article 3 (1) of Regulation (EEC) No 2539/84 are given in Annex I hereto.
5. An offer or purchase application shall be valid only if it relates to:
- a total minimum quantity of 5 000 tonnes expressed in product weight,
- a lot comprising all the cuts referred to in Annex II in the percentages stated therein and shall contain a single price per tonne expressed in ecus of the lot made up in this fashion.
6. Only those tenders shall be taken into consideration which reach the intervention agencies concerned not later than 12 noon on 25 November 1993.
7. Particulars of the quantities and the places where the products are stored shall be available to interested parties at the addresses given in Annex III.
Article 2
The products referred to in Article 1 must be exported within five months from the date of conclusion of the contract of sale with the intervention agency.
Article 3
1. The security provided for in Article 5 (1) of Regulation (EEC) No 2539/84 shall be ECU 30 per 100 kilograms.
2. The security provided for in Article 5 (2) (a) of Regulation (EEC) No 2539/84 shall be ECU 265 per 100 kilograms of boneless beef.
Article 4
1. No export refund shall be granted on meat sold under this Regulation.
Removal orders as referred to in Article 3 (1) (b) of Regulation (EEC) No 3002/92, export declarations and, where appropriate T 5 control copies shall bear the following:
Productos de intervención sin restitución [Reglamento (CE) no 3173/93];
Interventionsvarer uden restitution [Forordning (EF) nr. 3173/93];
Interventionserzeugnis ohne Erstattung [Verordnung (EG) Nr. 3173/93];
Proionta paremvaseos choris epistrofi [Kanonismos (EK) arith. 3173/93];
Intervention products without refund [Regulation (EC) No 3173/93];
Produits d'intervention sans restitution [Règlement (CE) no 3173/93];
Prodotti d'intervento senza restituzione - [Regolamento (CE) n. 3173/93];
Produkten uit interventievoorraden zonder restitutie - [Verordening (nr. 3173/93];
Produtos de intervençao sem restituiçao [Regulamento (CE) nº 3173/93].
2. With regard to the security provided for in Article 3 (2) compliance with paragraph 1 shall constitute a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (1).
However, by derogation from Article 15 of Regulation (EEC) No 3002/92 part of the security shall be released when it is established that the products have reached one of the destinations referred to in Article 11 (1) (a), (b) or (c) of that Regulation. That part shall be equivalent to the amount of the security initially lodged less ECU 165 per 100 kg product weight.
Article 5
Regulations (EEC) No 618/92 and (EEC) No 2582/93 are hereby repeated.
Article 6
This Regulation shall enter into force on 25 November 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 November 1993.