COMMISSION REGULATION (EC) No 3082/94 of 16 December 1994 on the sale of beef at prices fixed at a flat rate in advance held by certain intervention agencies and intended for supplying the Canary Islands and repealing Regulation (EC) No 2497/94
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 beef and veal (1), as last amended by Regulation (EC) No 1884/94 (2), and in particular Article 7 (3) thereof;
Whereas 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 Commission Regulation (EEC) No 1974/93 (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 for that beef should be avoided on account of the ensuing high costs;
Whereas Commission Regulation (EC) No 2883/94 of 28 November 1994, establishing a forecast balance for the supply to the Canary Islands of agricultural products covered by the specific measures provided for in Articles 2, 3, 4 and 5 of Council Regulation (EEC) No 1601/92 (5), lays down the forecast supply balance for frozen meat of bovine animals for the period 1 July 1994 to 30 June 1995; whereas, in the light of traditional trade patterns, it is appropriate to release intervention beef for the purpose of supplying the Canary Islands during that period;
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 (6), as amended by Regulation (EC) No 2883/94, 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 provided for, in particular, with regard to the application for and the issue of aid certificates;
Whereas for the purpose of purchase and control procedures, it is appropriate to apply certain provisions of Commission Regulation (EEC) No 2173/79 of 4 October 1979 on detailed rules of application for the disposal of beef bought in by intervention agencies and repealing Regulation (EEC) No 216/69 (7), as last amended by Regulation (EEC) No 1759/93 (8), and Commission Regulation (EEC) No 3002/92 of 16 October 1992 laying down common detailed rules for verifying the use and/or destination of products from intervention (9), as last amended by Regulation (EEC) No 1938/93 (10);
Whereas it is necessary to provide for the lodging of a security to guarantee that the beef arrives at the intended destination;
Whereas Commission Regulation (EC) No 2497/94 (11) 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:
- 1 500 tonnes of boneless beef held by the Irish intervention agency,
- 200 tonnes of boneless beef held by the Italian intervention agency.
2. This meat shall be sold for delivery to the Canary Islands.
3. The qualities and selling prices of the products are given in Annex I hereto.
Article 2
1. Subject to the provisions of this Regulation, the sale shall take place in accordance with the provisions of Regulation (EEC) No 2173/79, and in particular Articles 2 to 5 thereof, Regulation (EEC) No 3002/92 and Regulation (EC) No 2790/94.
2. The intervention agencies shall sell those products which have been in storage longest first.
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.
Article 3
1. After receiving a purchase application, the agency shall only conclude the contract after having checked with the competent Spanish agency referred to in Annex III that the quantity concerned is available within the forecast supply balance.
2. 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 of the purchase invoice issued by the seller intervention agency or by a certified copy.
3. Notwithstanding Article 3 (1) of Regulation (EC) No 2790/94, the aid may not be paid for meat sold pursuant to this Regulation.
4. Notwithstanding Article 3 (4) (b) of Regulation (EC) No 2790/94, in box 24 of the aid certificate application and of the aid certificate shall be entered: 'aid certificate for use in the Canary Islands - no aid to be paid'.
Article 4
Notwithstanding the second subparagraph of Article 2 (2) of Regulation (EEC) No 2173/79 purchase applications shall not indicate the store or stores where the meat applied for is being kept.
Article 5
Notwithstanding Article 15 (1) of Regulation (EEC) No 2173/79, the security shall be ECU 3 000 per tonne of boneless beef. The guarantee for fillets, however, shall be ECU 7 000 per tonne.
Delivery of the products concerned to the Canary Islands shall be a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (12).
Article 6
In the removal order referred to in Article 3 (1) (b) of Regulation (EEC) No 3002/92 and the T5 control copy shall be entered:
« Carne de intervención destinada a las islas Canarias - Sin ayuda [Reglamento (CE) no 3082/94] »;
»Interventionskoed til De Kanariske OEer - uden stoette (Forordning (EF) nr. 3082/94)«;
"Interventionsfleisch fuer die Kanarischen Inseln - ohne Beihilfe (Verordnung (EG) Nr. 3082/94)";
«Kreas apo tin paremvasi gia tis Kanarioys Nisoys - choris enischyseis [Kanonismos (EK) arith. 3082/94]»;
'Intervention meat for the Canary Islands - without the payment of aid (Regulation (EC) No 3082/94)';
« Viandes d'intervention destinées aux îles Canaries - Sans aide [règlement (CE) no 3082/94] »;
« Carni in regime d'intervento destinate alle isole Canarie - senza aiuto [Regolamento (CE) n. 3082/94] »;
"Interventievlees voor de Canarische eilanden - zonder steun (Verordening (EG) nr. 3082/94)";
« Carne de intervençao destinada às ilhas Canárias - sem ajuda [Regulamento (CE) nº 3082/94] ».
Article 7
Regulation (EC) No 2497/94 is hereby repealed.
Article 8
This Regulation shall enter into force on the seventh 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, 16 December 1994.