COMMISSION REGULATION (EEC) No 910/91 of 11 April 1991 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of beef held by certain intervention agencies and intended for export to Brazil and amending Regulation (EEC) No 569/88
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No No of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EEC) No 3577/90 (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 amended by Regulation (EEC) No 1809/87 (4), provides 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) provides 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, in view of the supply needs in Brazil, part of that meat should be put up for sale in accordance with Regulations (EEC) No 2539/84 and (EEC) No 2824/85 in order to be imported into that country;
Whereas, owing to Brazil's relatively limited port capacity, the time limit for taking over from intervention stocks should be extended by one month; 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;
Whereas quarters from intervention stocks may in certain cases have been handled a number of times; whereas, in order to help with the presentation and marketing of such meat, its repackaging should be authorized, subject to the observance of precise conditions;
Whereas it is necessary to lay down a time limit for export of the said meat; whereas this time limit should be fixed 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 (6), as last amended by Regulation (EEC) No 625/91 (7);
Whereas, in order to ensure that beef sold is exported to the intended destination, the lodging of security, as specified in Article 5 (a) of Regulation (EEC) No 2539/84, should be required; whereas the release of that security must be subject to presentation of written evidence that the meat in question has been taken over on-the-spot by 'Compania Nacional de Apastecimento (CNA)' acting on behalf of the Brazilian Government;
Whereas products held by intervention agencies and intended for export are subject to the provision of Commission Regulation (EEC) No 569/88 (8), as last amended by Regulation (EEC) No 879/91 (9); whereas the Annex to the said Regulation setting out the entries to be made should be expanded;
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:
- 20 000 tonnes of boneless beef held by the Irish intervention agency and bought in before 1 March 1991,
- 10 000 tonnes of bone-in beef held by the Italian intervention agency and bought in before 1 March 1991,
- 60 000 tonnes of bone-in beef held by the German intervention agency and bought in before 1 March 1991,
- 10 000 tonnes of bone-in beef held by the French intervention agency and bought in before 1 March 1991.
2. This meat must be imported into Brazil.
3. The meat mentioned in paragraph 1 has been bought in pursuant to Regulation (EEC) No 859/89 (10).
4. 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.
The provisions of Commission Regulation (EEC) No 985/81 (11) shall not apply to this sale. However, the competent authorities may allow bone-in forequarters and hindquarters the packaging material of which is torn or soiled, to be placed in new packaging of the same type under their supervision before presentation for consignment at the customs office of departure.
5. The qualities and the minimum prices referred to in Article 3 (1) of Regulation (EEC) No 2539/84 shall be as set out in Annex I hereto.
6. An offer shall be valid only if:
- it relates to a total minimum quantity of 20 000 tonnes expressed in product weight,
- it is composed by 80 % of bone-in beef and 20 % of boneless beef, calculated in product weight,
- it relates to an equal weight of forequarters and hindquarters and offer a single price per tonne expressed in ecus for the whole quantity of bone-in beef specified in the offer,
- in respect of boneless beef it relates to a lot comprising all the cuts referred to in Annex II in the percentages stated therein and offer a single price per tonne expressed in ecus of the lot made upt in this fashion.
7. In order to meet the conditions provided for in paragraph 6, operators may submit part offers relating to bone-in beef in several Member States. If so, those offers shall contain the same price expressed in ecus.
Immediately after submitting tenders or purchase applications, operators shall send a copy thereof to the Commission of the European Communities, Division VI/D.2, 130 rue de la Loi, B-1049 Brussels (telex 220 37 B AGREC).
8. The successful tenderer as referred to in Article 10 (2) of Commission Regulation (EEC) No 2173/79 (12) shall be the tenderer who offers the highest weighted average price.
9. Intervention agencies shall only conclude contracts of sale upon verification, in conjunction with the Commission's Services, that the conditions referred to in paragraphs 6, 7 and 8 have been met.
10. Only those tenders shall be taken into consideration which reach the intervention agencies concerned not later than 12 noon on 18 April 1991.
11. Particulars of the qualities and the places where the products are stored may be obtained by interested parties at the addresses given in Annex III. Article 2
1. Nothwithstanding Article 6 of Regulation (EEC) No 2539/84, the time limit for taking over as defined therein shall be three months.
2. The products referred to in Article 1 must be exported within five months from the date of conclusion of the contract of sale. 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 300 per 100 kilograms of bone-in beef,
- ECU 500 per 100 kilograms of boneless beef.
3. The security referred to in paragraph 2 shall only be released where the evidence referred to in Article 18 of Regulation (EEC) No 569/88 and an attestation from the 'Companhia Nacional de Abastecimento (CNA)' (13) certifying that it has taken over the products concerned, are presented within 12 months of acceptance of the export declaration. Article 4
In part I of the Annex to Regulation (EEC) No 569/88, 'Products to be exported in the same state as that in which they were when removed from intervention stock' the following item and footnote are added:
'86. Commission Regulation (EEC) No 910/91 of 11 April 1991 on the sale by procedure laid down in Regulation (EEC) No 2539/84 of beef held by certain intervention agencies and intended for export to Brazil (86).
(86) OJ No L 91, 12. 4. 1991, p. 45.' Article 5 This Regulation shall enter into force on the day of 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, 11 April 1991.