1984R2539 — EN — 09.09.1984 — 000.001 — 1
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►B 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
(OJ L 238, 6.9.1984, p. 13)
Corrected by:
►C1Corrigendum, OJ L 264, 5.10.1984, p. 28 (2539/84)
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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
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968
on the common organization of the markets in beef and veal(
1), as last
amended by the Act of Accession of Greece, and in particular Article 7(3) thereof,
Whereas Council Regulation (EEC) No 98/69 of 16 January 1969
laying down general rules for the disposal of frozen beef and veal byintervention agencies(
2), as amended by Regulation (EEC) No 429/
77 (3), provides that selling prices may be fixed on a flat-rate basis in
advance or determined by means of an invitation to tender;
Whereas there are generally a very high number of applications in
respect of certain sales of frozen beef and veal held by interventionagencies; whereas, in order to satisfy certain specific requirements andin order to ensure better financial management of intervention stocks,provision should be made for a two-stage sales procedure involvingfirstly sales by tender and secondly sales at prices fixed in advance;whereas detailed rules should be established for this type of sale;
Whereas Commission Regulation (EEC) No 2173/79 (
4) lays down
detailed rules for the disposal of beef bought in by intervention agenciesby means of both sales at prices fixed in advance and invitations totender; whereas for the sake of simplicity the greatest possible accountshould be taken thereof;
Whereas, in order to ensure the economic management of stocks, it
should be laid down that the intervention agencies should first sell meatwhich has been in storage longest;
Whereas, in view of the administrative difficulties this will entail in
certain Member States, a derogation should be provided from thesecond indent of Article 2 (2) of Regulation (EEC) No 2173/79;
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. This Regulation lays down detailed rules for certain sales of
frozen beef held by the intervention agencies of the Member Statescarried out in two successive stages, at the first stage by tender and atthe second at prices fixed on a flat-rate basis in advance.
2. Subject to the provisions of this Regulation, sales by tender and
subsequently at prices fixed in advance shall take place pursuant to theprovisions of Regulation (EEC) No 2173/79.
3. The intervention agencies shall first sell those products which
have been in storage longest.
(1) OJ No L 148, 28. 6. 1968, p. 26.
(2) OJ No L 14, 21. 1. 1969, p. 2.
(3) OJ No L 61, 5. 3. 1977, p. 18.
(4) OJ No L 251, 5. 10. 1979, p. 12.
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Article 2
1. At the first stage the meat shall be put up for sale by tender.2. Notwithstanding Articles 6 and 7 of Regulation (EEC) No 2173/
79, the Annexes to the Regulation relating to the sale of the beefconcerned shall replace the notice of invitation to tender.
Information on quantities and on locations where meat is stored may be
obtained from the addresses given in the Annex to the aforesaid Regula-tion relating to the sale of the beef concerned. In addition, interventionagencies may post a notice of such invitations at their head offices andannounce them by other means.
3. The provisions of Article 8 of Regulation (EEC) No 2173/79
governing participation in the tendering procedure and the submissionof tenders shall apply.
Tenders offering a price less than the minimum price referred to in
Article 3 (1) shall not be admitted.
However, tenders shall not indicate the cold store or stores where the
products applied for are stored.
Article 3
1. Notwithstanding Articles 9 and 10of Regulation (EEC) No 2173/
79, the intervention agencies shall, for each quality of frozen beef,allocate the quantities put up for sale to those tenderers whose tendersoffer a price higher than or equal to the minimum price fixed in theAnnex to the Regulation relating to the sale of the beef concerned.
For the purposes of applying the first subparagraph, the intervention
agencies shall first accept the tender or tenders made at the price whichis highest above the aforesaid minimum price. Subsequent quantitiesshall be assigned to the tenderers referred to in the first subparagraphaccording to the prices which they have offered starting from that whichis highest above the minimum price in question.
Where, as a result of several tenders at the same price being received,
the quantity available is inadequate, the intervention agency shall appor-tion it, where appropriate in agreement with the tenderers or by holdinga ballot.
2. Notwithstanding Article 11 of Regulation (EEC) No 2173/79, each
tenderer shall be notified by the intervention agency concerned of theresult of his participation in the invitation to tender within four workingdays at the latest following the time limit set for the submission oftenders in response to the invitation in question.
3. After completion of the sale by tender referred to above, the
intervention agencies shall, at their head offices, post a notice of anyquantities remaining available.
Article 4
1. The quantities remaining available after completion of the sale by
tender referred to in Articles 2 and 3 shall be put up for sale at theminimum price fixed in the Annex to the Regulation relating to the saleof the beef concerned.
2. Purchase applications may be made from the fifth working day
following the time limit set for the submission of tenders in response tothe invitation to tender concerned.
3. Purchase applications shall not indicate the cold store or stores
where the products applied for are stored.
Article 5
Notwithstanding the first subparagraph of Article 15 (1) of Regulation
(EEC) No 2173/79, the amount of the security shall be fixed at the timeof each sale.
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Article 6
Notwithstanding Article 18 (1) of Regulation (EEC) No 2173/79, the
time limit for taking over meat sold pursuant to this Regulation shall betwo months from the time limit for the submission of tenders or, in thecase of sales at fixed prices, from the date of acceptance of the applica-tion referred to in Article 3 (2) of the said Regulation.
Article 7
The intervention agencies shall inform the Commission, within the time
limit referred to in Article 3 (2), in respect of each invitation to tender,of the quantities applied for and the corresponding prices offered, and ofthe quantities allocated and the sales prices actually applied pursuant toArticle 3.
Article 8
The provisions of this Regulation shall apply ►
C1to individual
sales◄where the Regulations relating to such sales refer to this
Regulation.
Article 9
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.