1979R2173 — EN — 05.07.1993 — 002.001 — 1
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►B 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
(OJ L 251, 5.10.1979, p. 12)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 1809/87 of 29 June 1987 L 170 23 30.6.1987
►M2Commission Regulation (EEC) No 1759/93 of 1 July 1993 L 161 59 2.7.1993
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▼B
COMMISSION REGULATION (EEC) No 2173/79
of 4 October 1979
ondetailedrulesofapplicationforthedisposalofbeefboughtinby
intervention agencies and repealing Regulation (EEC) No 216/69
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
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 (EEC) No 425/77 (2), and in particular Articles
7 (3) and 25 thereof,
Having regard to Council Regulation (EEC) No 878/77 of 26 April
1977 on the rates of exchange to be applied in agriculture(3), as last
amended by Regulation (EEC) No 2139/79 (4),
Whereas products bought in by intervention agencies pursuant to
Articles 5 and 6 of Regulation (EEC) No 805/68 must be disposed of insuch a way as to avoid disturbance of the market and to ensure equalaccess to the products and equal treatment of purchasers;
Whereas Article 2 of Council Regulation (EEC) No 98/69 (
5), provides
that sellingprices may be fixed in advance or determined by means ofan invitation to tender;
Whereas equal access to the products and equal treatment of purchasers
can be ensured if, when the sellingprice is fixed in advance, theintervention agencies accept applications in the order in which they arereceived, all applications received on any one day beingtreated ashavingbeen received simultaneously, until supplies are exhausted;
Whereas, where the sellingprice is determined by means of an invita-
tion to tender, these principles can be respected by publishingtheinvitation in good time in the Official Journal of the European
Communities , in addition to its possible display at the offices of the
intervention agency concerned and to any other national publicity;
Whereas, since the object of the tenderingprocedure is to obtain the
best price, the award must go to the highest tender; whereas thereshould also be provision for the case in which more than one tender issubmitted at the same price for the same quantity; whereas, however,the highest price can be accepted only if it corresponds to the actualmarket situation; whereas minimum sellingprices should therefore bedetermined, in accordance with a Community procedure, havingdueregard to the tenders received;
Whereas, to ensure efficiency in the disposal of stored products,
minimum sale quantities should be laid down, varyingaccordingto theparticular marketingconditions applyingto each product;
Whereas invitations to tender and applications must include sufficient
information to allow proper identification of the products concerned;
Whereas the submission of an application or a tender is facilitated if
prospective purchasers are permitted to inspect the products; whereas itshould consequently be provided that the parties concerned waive inadvance their right to lodge any complaint in respect of the quality andcharacteristics of the product which may be assigned to them;
(1) OJ No L 148, 28. 6. 1968, p. 24.
(2) OJ No L 61, 5. 3. 1977, p. 1.
(3) OJ No L 106, 29. 4. 1977, p. 27.
(4) OJ No L 246, 29. 9. 1979, p. 76.
(5) OJ No L 14, 21. 1. 1969, p. 2.
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Whereas fulfilment of the obligations contracted must be guaranteed
through the lodging of a security which can be partly or whollyforfeited dependingon the g ravity of the breaches involved; whereas theadditional cost involved when a contract is only partly executed justifiescomplete forfeiture when less than 60 % of the quantity initiallycontracted for is taken over;
Whereas it should be left to Member States to adopt their own positions
as to the gravity of breaches of certain subsidiary obligations includedin sale contracts, having regard to their great diversity;
Whereas, so that these operations may be carried out expeditiously, it
should be laid down that the rights and obligations involved in a salecontract or a tender must be exercised or fulfilled within certain timelimits;
Whereas Member States should inform the Commission at regular inter-
vals of the quantities sold so that the Commission may be able to assessthe progress of disposal;
Whereas, in order to facilitate the sale procedures mentioned above,
dates must be fixed for the determination of the exchange rate used toconvert prices fixed in advance into national currency and to determinethe minimum sale price and convert it into national currency;
Whereas under Article 4 (2) of Council Regulation (EEC) No 1134/
68 (
1) the sums defined therein are paid on the basis of the conversion
rate which obtained at the time when the operation or part thereof wascarried out; whereas Article 6 of the abovementioned Regulationdefines the time when an operation is carried out as the date on whichoccurs the event defined by Community rules, or, in the absence of andpendingadoption of such rules, by the rules of the Member Stateconcerned, as a result of which the amount involved in the operationbecomes due and payable; whereas, however, under the terms of Article4 (3) of Regulation (EEC) No 878/77 exceptions may be granted to theabovementioned provisions;
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
Intervention agencies appointed by the Member States shall put up for
sale products bought in pursuant to Articles 5 and 6 of Regulation(EEC) No 805/68 in accordance with the provisions of Article 7 (1) ofthat Regulation, of Regulation (EEC) No 98/69 and of this Regulation.
TITLE I
Sales at prices fixed in advance
Article 2
1. The purchase application shall be submitted to the intervention
agency in writing. It shall be deemed valid for consideration on the daywhen the security specified in paragraph 2 is received.
2. In order to be deemed valid for consideration, the application
must:
(a) specify the name and address of the purchaser;
(b) give an accurate description of the product;
(c) specify the quantity applied for and the price fixed ►
M2and
expressed in ecus ◄;
(1) OJ No L 188, 1. 8. 1968, p. 1.
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(d) include a declaration whereby the applicant waives all claims as to
the quality and characteristics of the product which may be assignedto him.
The application may also name, in order of preference, the cold store or
stores where the products applied for are stored. The application mustbe supported by a security in favour of the intervention agency.
3. The purchase application shall be rejected if the security is not
lodged with the intervention agency, or provided for to the satisfactionof the intervention ag ency, within five workingdays followingitssubmission in accordance with paragraph 1.
Article 3
1. The intervention agency shall deem valid for consideration each
day all complete applications presented in accordance with Article 4.Applications deemed valid for consideration on any particular day shallbe considered as havingbeen submitted simultaneously.
2. Save in exceptional circumstances applications shall be accepted
within five workingdays followingtheir submission until stocks areexhausted. Where, taken together, the applications received at the sametime exceed the quantity available, the intervention agency may appor-tion the quantity available, where appropriate, in agreement with thepurchasers concerned, or hold a ballot.
3. The intervention agency shall, within the time limit provided for
in paragraph 2, notify each applicant of the decision taken on hisapplication.
Article 4
1. The date of submission of the complete application shall be the
day on which it is received by the intervention agency, provided thatthis occurs not later than 2 p.m. local time.
2. Complete applications which reach the intervention agency
concerned on a day which is not a workingday for that ag ency, or on aworkingday for that ag ency but later than the hour referred to inparagraph 1, shall be deemed to have been submitted on the firstworkingday followingthe day on which they were received.
▼
M2
Article 5
The conversion rate to be applied to the sale prices fixed in advance
shall be the agricultural conversion rate in force on the day on whichthe intervention agency receives the first payment relating to thecontract in question.
▼
B
TITLE II
Sale at a price determined by an invitation to tender
Article 6
1. Each invitation to tender shall relate to specific quantities.2. Invitations to tender shall be published in the Official Journal of
the European Communities .
In addition, intervention agencies may post a notice of such invitations
at their head offices and announce them by other means.
3. Invitations to tender shall be published in the Official Journal of
the European Communities at least 14 days before the expiry of the
period for the submission of tenders.
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Article 7
Each invitation to tender shall include the followinginformation:
(a) description of the products and the date before which they were
bought in;
(b) the name and address of the cold store or stores where the products
are held;
(c) for each cold store, the quantities of each product offered for tender;
(d) the closingdate and the address for the submission of tenders;
(e) where appropriate, a statement that tenders may be submitted by
telex.
Article 8
1. Tenders shall be submitted in writingto the intervention ag ency
against acknowledgement or by letter addressed to the interventionagency. The intervention agency may allow a tender to be submitted bytelex.
2. In order to be deemed valid for consideration, the tender must
specify:
(a) the name and address of the tenderer;
(b) a description of the products and the quantity for which the tender
is made, indicatingat which cold store or stores they are held;
▼
M2
(c) the price offered per tonne, expressed in ecus;
▼B
(d) a statement by the tenderer waivingall claims in respect of the
quality and characteristics of a product awarded to him;
(e) any additional information required by the invitation to tender.
The tender must be accompanied by a security lodged with the interven-
tion agency, or provided for to the satisfaction of the interventionagency.
▼
M2
Article 9
In the light of the tenders received, minimum selling prices expressed in
ecus shall be fixed for the products in question in accordance with theprocedure laid down in Article 27 of Regulation (EEC) No 805/68.
▼
B
Article 10
1. Tenders for less than the minimum sellingprice shall be refused.2. Subject as provided in paragraph 1, contracts shall be awarded to
the highest tenderers. Where more than one tender at the same price isreceived for the same quantity and where the quantities applied forexceed the quantity available, the intervention agency may apportion thequantity available, where appropriate, in agreement with the tenderers,or hold a ballot.
Article 11
Each tenderer shall be notified by the intervention agency concerned of
the result of his participation in the invitation to tender.
This information shall be sent within five workingdays of the
communication by telex to the Member States of the decision fixingtheminimum prices.
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Article 12
The conversion rate to be applied to convert tenders into national
currency shall be the agricultural conversion rate in force on the day onwhich the intervention agency receives the first payment relting to thecontract in question.
▼
B
TITLE III
General provisions
Article 13
Intervention agencies shall make all necessary arrangements to enable
prospective tenderers to inspect the products for sale before makingtheir applications or submittingtheir tenders.
Article 14
The application or tender shall be in one of the official languages of the
Community.
However, intervention agencies may require that applications or tenders
submitted in a language which is not a language of the Member Stateconcerned be accompanied by a translation.
Where an intervention agency avails itself of this option, it shall inform
the Commission and the other intervention agencies at least 10 days inadvance. The special conditions of this requirement shall be communi-cated to traders through the normal channels.
▼
M1
Article 15
1. The security referred to in Article 2 (2) and Article 8 shall be 50
ECU per tonne.
It shall ensure satisfaction of the obligations laid down in this Regula-
tion and the conditions laid down in the contract of sale with theexception of those covered by a specific security.
2. The security shall be released forthwith if the purchase application
or tender is not accepted.
3. The primary requirements within the meaningof Article 20 of
Commission Regulation (EEC) No 2220/85 (
1) shall be:
(a) a requirement not to withdraw the purchase application or tender;
(b) payment for the quantity of the product fixed in the contract by the
stipulated time limit;
(c) takingover of the quantity paid.
However, the payment requirement shall be deemed to have been met if
more than 95 % of the quantity of the product stipulated in the contractis paid for.
4. Article 27 of Regulation (EEC) No 2220/85 shall apply only in the
case referred to in Article 16 (2) (a).
▼
M2
5. The conversion rate to be applied to the amounts of securitiesreferred to in paragraph 1 shall be the agricultural conversion rate inforce on the day on which the security is lodged with, or proof of it isfurnished to, the intervention agency.
(1) OJ No L 205, 3. 8. 1985, p. 5.
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Article 16
1. If the purchaser does not pay for the product within the time limit
specified in Article 18 (1) the contract shall, without prejudice to theprovisions of paragraph 2 ►
M1 ◄, be cancelled by the
intervention agency in respect of the quantity not paid for.
2. Except in cases of force majeure the security shall be forfeit:
(a) in proportion to the quantity not paid for within the specified time
limit, if the quantity paid for is not less than 60 % and not morethan 95 % of the quantity covered by the contract;
(b) in total, if the quantity paid for is less than 60 % of the quantity
covered by the contract.
▼
M1
▼B
Article 17
1. The selling price shall apply to gross weight in the case of
unboned meat and to net weight in the case of boned and preservedmeat, exclusive of domestic taxation, free at the loadingbay of the coldstore where the products are in store. For boned meat, net weight shallbe regarded as the difference between the gross weight ascertained atthe loading bay of the cold store and the average weight of packagingdetermined before its use.
2. In the case of sales which do not provide for a special destination
or use, the minimum quantity of product per application or tender shallbe:
— five tonnes, in the case of unboned meat,
— two tonnes, in the case of boned or preserved meat.
If the quantity available at the delivery point or cold store is less than
five tonnes or two tonnes respectively, the quantity available shallconstitute the minimum quantity.
Article 18
1. The purchaser shall take delivery of the product within one month
of the acceptance date referred to in Article 3 (2) or of the notificationreferred to in Article 11. The costs and risks in respect of additionalstorage for all quantities not taken over within this period shall be borneby the purchaser.
2. Delivery shall be taken of the goods in accordance with interven-
tion agency rules for release from storage and no claims to any partic-ular lots shall be allowed. In the case of an invitation to tender or wherethe purchase application referred to in Article 2 (2) names preferredcold stores, the goods shall be made available within the limits of thequantities available.
Article 19
The price shall be paid, as and when the goods are taken over and in
proportion to the quantities to be withdrawn, at the latest the day beforeeach removal. ►
M1The modifications eventually necessary are oper-
able within 15 workingdays followingthe date of the definitiveinvoice◄.
Article 20
Member States shall inform the Commission at the beginning of every
fortnight of the quantities sold during the previous fortnight.
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Article 21
1. Commission Regulation (EEC) No 216/69 (1) is hereby repealed.
2. Any reference in a Community Act to the Regulation repealed by
paragraph 1 or to any Article of that Regulation shall be construed as areference to this Regulation or to the corresponding Articles of thisRegulation.
Article 22
This Regulation shall enter into force on 1 November 1979.However, the provisions of Article 16 (3) shall apply also in respect of
contracts performed before the entry into force of this Regulation wherethe release of the security has not finally been decided upon.
(1) OJ No L 28, 5. 2. 1969, p. 10.