COMMISSION REGULATION (EC) No 361/1999 of 18 February 1999 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of beef held by certain intervention agencies and intended for supplying the Canary Islands and repealing Regulations (EC) No 2509/98 and (EC) No 2319/98
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 1633/98 (2), and in particular Article 7(3) thereof,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands with regard to certain agricultural products (3), as last amended by Regulation (EC) No 2348/96 (4), and in particular Article 3(2) thereof,
Whereas certain intervention agencies hold substantial stocks of beef bought into intervention; whereas an extension of the storage period should be avoided on account of the ensuing high costs;
Whereas Commission Regulation (EC) No 1319/98 (5) establishing a forecast balance for the supply to the Canary Islands of live bovine animals and beef and veal products fixes the forecast supply balance for frozen meat of bovine animals for the period 1 July 1998 to 30 June 1999; whereas, in the light of traditional trade patterns, beef should be released from intervention for the purpose of supplying the Canary Islands during that period;
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 (6), as last amended by Regulation (EC) No 2417/95 (7), provides for the possibility of a two-stage procedure for the sale of beef from intervention;
Whereas, in order to ensure that the tendering procedure is consistent and uniform, measures should be adopted in addition to those laid down in Commission Regulation (EEC) No 2173/79 (8), as last amended by Regulation (EC) No 2417/95;
Whereas Article 3 of Commission Regulation (EC) No 2790/94 of 16 November 1994 laying down common detailed rules for the implementation of Council Regulation (EEC) No 1601/92 concerning specific measures for the Canary Islands with regard to certain agricultural products (9), as last amended by Regulation (EEC) No 825/98 (10), provides for the use of aid certificates issued by the competent Spanish authorities for supplies from the Community; whereas, in order to improve the operation of the abovementioned arrangements, certain derogations from that Regulation should be laid down, in particular, with regard to the application for and the issue of aid certificates;
Whereas the sale should be conducted in accordance with Commission Regulations (EEC) No 2539/84, (EEC) No 3002/92 (11), as last amended by Regulation (EC) No 770/96 (12), and (EC) No 2790/94, subject to certain special exceptions on account of the particular use to which the products in question are to be put;
Whereas it is necessary to provide for the lodging of a security to guarantee that the beef arrives at the intended destination;
Whereas Commission Regulations (EC) No 2509/98 (13) and (EC) No 2319/98 (14) 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. The sale shall take place of intervention products bought in under Article 6 of Regulation (EEC) No 805/68, of approximately:
- 1 500 tonnes of boneless beef held by the Irish intervention agency,
- 200 tonnes of bone-in beef held by the Spanish intervention agency.
2. This meat shall be sold for delivery to the Canary Islands pursuant to Regulation (EC) No 1319/98.
3. Subject to the provisions of this Regulation, the sale shall take place in accordance with Regulations (EEC) No 2539/84, (EEC) No 3002/92 and (EC) No 2790/94.
4. The qualities and the minimum prices referred to in Article 3(1) of Regulation (EEC) No 2539/84 are set out in Annex I hereto.
5. The intervention agencies shall sell first those products in each product group which have been in storage longest.
Particulars of the quantities and places where the products are stored shall be made available to interested parties at the addresses given in Annex II.
6. Only those tenders shall be taken into consideration which reach the intervention agencies concerned no later than 12 noon on 25 February 1999.
7. 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 6.
Article 2
1. The tender or the purchase application shall be submitted by an operator entered in the register referred to in Article 5(1) of Regulation (EC) No 2790/94 or by an operator duly authorised by the aforementioned operator to act on his behalf.
2. After receiving a tender or purchase application, the intervention agency shall only conclude the contract after having checked with the competent Spanish agencies referred to in Annex III that the quantity concerned is available within the forecast supply balance.
3. The Spanish agency shall immediately reserve for the applicant the quantity requested until receipt of the application for the relevant aid certificate. Notwithstanding Article 6(1) of Regulation (EC) No 2790/94, the certificate application must be accompanied only by the original purchase invoice issued by the seller intervention agency or by a certified copy thereof.
The application for the aid certificate shall be submitted not later than 14 days after the date on which the purchase invoice is made out.
4. Notwithstanding Article 3(1) of Regulation (EC) No 2790/94, the aid shall not be granted for meat sold pursuant to this Regulation.
5. Notwithstanding Article 3(4)(b) of Regulation (EC) No 2790/94, box 24 of the aid certificate application and the aid certificate shall contain the entry: 'aid certificate for use in the Canary Islands - no aid to be paid`.
Article 3
Notwithstanding Article 4(2) of Regulation (EEC) No 2539/84, purchase applications may be submitted from the 10th working day following the date referred to in Article 1(6).
Article 4
The security provided for in Article 5(1) of Regulation (EEC) No 2539/84 shall be:
- EUR 3 000 per tonne for boneless beef,
- EUR 1 400 per tonne for bone-in beef.
Delivery of the products concerned to the Canary Islands not later than 30 June 1999 shall be a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (15). Proof of compliance with this requirement must be provided not later than two months after completion of formalities with the competent authorities in the Canary Islands for the delivery concerned.
Article 5
The removal order referred to in Article 3(1)(b) of Regulation (EEC) No 3002/92 and the T 5 control copy shall contain the entry:
Carne de intervención destinada a las islas Canarias - Sin ayuda [Reglamento (CE) n° 361/1999]
Interventionskød til De Kanariske Øer - uden støtte (forordning (EF) nr. 361/1999)
Interventionsfleisch für die Kanarischen Inseln - ohne Beihilfe (Verordnung (EG) Nr. 361/1999)
ÊñÝáò áðü ôçí ðáñÝìâáóç ãéá ôéò Êáíáñßïõò ÍÞóïõò - ÷ùñßò åíéó÷ýóåéò [Êáíïíéóìüò (ÅÊ) áñéè. 361/1999]
Intervention meat for the Canary Islands - without the payment of aid (Regulation (EC) No 361/1999)
Viandes d'intervention destinées aux îles Canaries - Sans aide [règlement (CE) n° 361/1999]
Carni in regime d'intervento destinate alle isole Canarie - senza aiuto [regolamento (CE) n. 361/1999]
Interventievlees voor de Canarische Eilanden - zonder steun (Verordening (EG) nr. 361/1999)
Carne de intervenção destinada às ilhas Canárias - sem ajuda [Regulamento (CE) n.° 361/1999]
Kanariansaarille osoitettu interventioliha - ilman tukea (Asetus (EY) N:o 361/1999)
Interventionskött för Kanarieöarna - utan bidrag (Förordning (EG) nr 361/1999).
Article 6
Regulations (EC) No 2509/98 and (EC) No 2319/98 are hereby repealed.
Article 7
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, 18 February 1999.