1984R2539 — EN — 21.10.1995 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
aB COMMISSIONREGULATION(EEC)No2539/84
of5September1984
layingdowndetailedrulesforcertainsalesoffrozenbeefheldbytheinterventionagencies
(OJ L 238, 6.9.1984, p. 13)
Amended by:
Official Journal
No page date
aM1Commission Regulation (EEC) No 1809/87 of 29 June 1987 L 170 23 30.6.1987
aM2Commission Regulation (EEC) No 1759/93 of 1 July 1993 L 161 59 2.7.1993
aM3Commission Regulation (EC) No 2417/95 of 13 October 1995 L 248 39 14.10.1995
Corrected by:
aC1Corrigendum, OJ L 264, 5.10.1984, p. 28 (2539/84/EEC)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January
1999 should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980,p. 1) and Council Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
1984R2539 — EN — 21.10.1995 — 003.001 — 2
bB
COMMISSIONREGULATION(EEC)No2539/84
of5September1984
laying down detailed rules for certain sales of frozen beef held by
theinterventionagencies
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 lay-
ing down general rules for the disposal of frozen beef and veal by
intervention 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 intervention
agencies; whereas, in order to satisfy certain specific requirements and
in 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 agen-cies by means of both sales at prices fixed in advance and invitationsto tender; whereas for the sake of simplicity the greatest possibleaccount should be taken thereof;
Whereas, in order to ensure the economic management of stocks, it
should be laid down that the intervention agencies should first sellmeat which 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 the sec-
ond indent of Article 2 (2) of Regulation (EEC) No 2173/79;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Management Committee for Beef andVeal,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation lays down detailed rules for certain sales of fro-
zen beef held by the intervention agencies of the Member States car-
ried out in two successive stages, at the first stage by tender and at
the 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 tothe provisions 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.
1984R2539 — EN — 21.10.1995 — 003.001 — 3
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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 beef con-cerned 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 aforesaidRegulation relating to the sale of the beef concerned. In addition,intervention agencies may post a notice of such invitations at theirhead offices and announce 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 10 of Regulation (EEC) No
2173/79, the intervention agencies shall, for each quality of frozenbeef, allocate the quantities put up for sale to those tenderers whosetenders offer a price higher than or equal to the minimum price fixed
in the Annex to the Regulation relating to the sale of the beef con-
cerned.
For the purposes of applying the first subparagraph, the intervention
agencies shall first accept the tender or tenders made at the price
which is highest above the aforesaid minimum price. Subsequent
quantities shall be assigned to the tenderers referred to in the first sub-paragraph according to the prices which they have offered startingfrom that which is 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 shallapportion it, where appropriate in agreement with the tenderers or byholding a ballot.
2. Notwithstanding Article 11 of Regulation (EEC) No 2173/79,
each tenderer shall be notified by the intervention agency concerned
of the result of his participation in the invitation to tender within fourworking days at the latest following the time limit set for the submis-sion of tenders 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 thesale of 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
to the invitation to tender concerned.
3. Purchase applications shall not indicate the cold store or stores
where the products applied for are stored.
1984R2539 — EN — 21.10.1995 — 003.001 — 4
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Article 5
1. Notwithstanding Article 15 (1) of Regulation (EEC) No 2173/
79, the amount of the security shall be fixed on the occasion of each
sale.
2. For sales with the obligation to export the meat concerned, the
following provisions shall apply:
(a) A security covering the export of the products shall be put up by
the purchaser before taking over.
(b) As regards the security provided for at point (a), export of the pro-
ducts concerned shall constitute a primary requirement within themeaning of Article 20 of Commission Regulation (EEC) No 2220/85(
1).
Also, where the Regulation opening the sale lays down the obliga-
tion to import the products into a third country of specified desti-
nation, this shall also constitute a primary requirement within themeaning of the said Article 20.
(c) Proper evidence of compliance with the obligations referred to
above shall be that provided for in Article 13 (4) of CommissionRegulation (EEC) No 1687/76(
2). This evidence shall be provided
within the deadlines laid down in Article 31 of Commission Regu-
lation (EEC) No 2730/79(3).
(d) For the purpose of this Regulation, as regards the security referred
to in point (a),
1. the 15 % provided for in Articles 23, 24 and 25 of Regulation
(EEC) No 2220/85 shall be replaced by a flat-rate amount of
aM3ECU 30 cper tonne;
2. the 10 %, 5 % and 2 % provided for in Article 23 (2) (b) of
the said Regulation shall be replaced by a flat-rate amount ofa
M3ECU 3cper tonne.
3. For sales with the obligation to process the meat concerned, the
following provisions shall apply:
(a) A security to cover the processing of the products shall be put up
by the purchaser with the competent authority of the Member
State in which the processing is to take place, before taking over.
The amount of the security can be differentiated by productoffered for sale and by use.
(b) Where Article 13 (3) of Regulation (EEC) No 1687/76 applies,
the meat can be taken over only when the intervention agencyholding the products has received the certificate referred to in thesaid paragraph.
(c) As regards the security referred to under point (a), the manufac-
ture of the products referred to in the contract shall constitute a
primary requirement within the meaning of Article 20 of Regula-
tion (EEC) No 2220/85.
Where the Regulation opening the sale stipulates that the proces-
sing must be carried out by the applicant, this shall also constitutea primary requirement.
(d) The additional time limit referred to in Article 22 (3) of Regula-
tion (EEC) No 2220/85 shall apply only where the action attestedby the evidence of processing was taken within the original time
limit set for its production.
(e) For the purposes of this Regulation:
1. the 15 % provided for in Articles 23, 24 and 25 of Regulation
(EEC) No 2220/85 shall be replaced by a flat-rate amount ofa
M3ECU 30 cper tonne;
(1) OJ No L 205, 3. 8. 1985, p. 5.
(2) OJ No L 190, 14. 7. 1976, p. 1.
(3) OJ No L 317, 12. 12. 1979, p. 1.
1984R2539 — EN — 21.10.1995 — 003.001 — 5
bM1
2. the 10 %, 5 % and 2 % provided for in Article 23 (2) (b) of
the said Regulation shall be replaced by a flat-rate amount ofa
M3ECU 3cper tonne.
4. The conversion rate to be applied to the amounts of the securi-
ties referred to in paragraph 2 and 3 shall be the agricultural conver-sion rate in force on the day on which the security is lodged with, orproof of it is furnished to, the intervention agency.
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
be two months from the time limit for the submission of tenders or, in
the case of sales at fixed prices, from the date of acceptance of theapplication 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 totender, of the quantities applied for and the corresponding pricesoffered, and of the quantities allocated and the sales prices actually
applied pursuant to Article 3.
Article 8
The provisions of this Regulation shall apply a
C1to individual
salescwhere 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.bM2
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