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COMMISSION REGULATION (EEC) No 2769/82

of 15 October 1982

on the sale at prices fixed at a standard rate in advance of certain beef from intervention stocks for processing in the Community and amending Regulation (EEC) No 2182/77

THE COMMISSION OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic 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 the Act of Accession of Greece, and in particular Article 7 (3) thereof,

Having regard to Council Regulation (EEC) No 878/77 of 26 April 1977 on the exchange rates to be applied in agriculture (2), as last amended by Regulation (EEC) No 1668/82 (3),

Whereas the application of intervention measures in respect of beef has created large stocks in certain Member States;

Whereas, in the present market situation, there are outlets for such meat for processing in the Community;

Whereas such sales should be made subject to the rules laid down by Commission Regulation (EEC) No 2173/79 (4), should also be governed by the rules laid down by Commission Regulation (EEC) No 1687/76 (5), as last amended by Regulation (EEC) No 1252/81 (6), and by those laid down by Commission Regulation (EEC) No 2182/77 (7), as last amended by Regulation (EEC) No 2526/82 (8), subject to certain special exceptions on account of the particular use to which the products in question are to be put;

Whereas Council Regulation (EEC) No 1055/77 (9) provides that, in the case of products stored by an intervention agency outside the territory of the Member State within whose jurisdiction it falls, a different selling price from that for products stored on that territory may be fixed; whereas Commission Regulation (EEC) No 1805/77 (10) fixed the method for calculating the selling prices for such products; whereas, to avoid all confusion, it should be expressly stated that the prices fixed by this Regulation are subject to adjustment in the case of those products;

Whereas it seems appropriate to waive the second subparagraph of Article 2 (2) of Regulation (EEC) No 2173/79 taking into account the administrative difficulties which the application of this rule raises in certain Member States;

Whereas, under Article 4 (2) of Council Regulation (EEC) No 1134/68 (11), the sums defined therein are paid on the basis of the conversion rate which obtained at the time when the operation or part thereof was carried out; whereas Article 6 of the abovementioned Regulation defines the time when an operation is carried out as the date on which occurs the event defined by Community rules or, in the absence of and pending adoption of such rules, by the rules of the Member State concerned, as a result of which the amount involved in the operation becomes due and payable; whereas, however, under the terms of Article 4 (3) of Regulation (EEC) No 878/77 exceptions may be granted to the abovementioned provisions;

Whereas, in connection with sales under Regulation (EEC) No 2182/77, the provisions of Regulation (EEC) No 2173/79 for converting the selling price should be adopted in respect of the exchange applicable to the selling price and the security referred to in Article 4 (1) of Regulation (EEC) No 2182/77; whereas Article 8 of Regulation (EEC) No 2182/77 should accordingly be amended;

Whereas the Management Committee for Beef and Veal has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

1. During the period 18 to 29 October 1982, the following approximate quantities of beef products shall be put up for sale for processing within the Community: 18 tonnes of boned beef held by the French intervention agency and bought in before 1 February 1982.

2. During the period 18 October to 19 November 1982, the following approximate quantities of beef products shall be put up for sale for processing within the Community:

- 2 000 tonnes of bone-in beef held by the German intervention agency and bought in before 1 July 1982;

- 1 500 tonnes of bone-in beef held by the Italian intervention agency and bought in before 1 July 1982;

- 1 500 tonnes of bone-in beef held by the United Kingdom intervention agency and bought in before 1 July 1982.

3. The intervention agencies referred to in paragraph 1 shall sell first the meat which has been stored the longest.

4. The prices, quality and quantities of this meat are set out in Annex I hereto.

5. The sales shall be conducted in accordance with Regulation (EEC) No 2173/79 together with Regulations (EEC) No 1687/76, (EEC) No 2182/77 and this Regulation.

6. Notwithstanding the second subparagraph of Article 2 (2) of Regulation (EEC) No 2173/79, purchase applications shall not name the coldstore or stores where the products applied for are stored.

7. Information concerning the quantities available and the places where the products are stored may be obtained by prospective purchasers from the addresses listed in Annex II hereto.

Article 2

1. Notwithstanding Article 3 (1) and (2) of Regulation (EEC) No 2182/77, applications to purchase:

(a) shall be valid only if presented by a natural or legal person who for at least 12 months has been engaged in the processing of products containing beef and who is entered in a public register of a Member State;

(b) must be accompanied by:

- a written undertaking by the applicant to process the meat purchased within the period referred to in Article 5 (1) of Regulation (EEC) No 2182/77,

- a precise indication of the establishment or establishments where the meat which has been purchased will be processed.

2. The applicants referred to in paragraph 1 may instruct an agent to take delivery, on their behalf, of the products which they purchase. In this case the agent shall submit the applications to purchase of the purchasers whom he represents.

3. The purchasers and agents referred to in the foregoing paragraphs shall maintain and keep up to date an accounting system which permits the destination and use of the products to be ascertained with a view particularly to checking to ensure that the quantities of products purchased and manufactured tally.

Article 3

The security provided for in Article 4 (1) of Regulation (EEC) No 2182/77 shall be:

- 50 ECU per 100 kilograms for bone-in meat,

- 50 ECU per 100 kilograms for boned meat.

Article 4

Article 8 of Regulation (EEC) No 2182/77 is hereby replaced by the following:

'Article 8

The exchange rate to be applied to the selling price and the security referred to in Article 4 (1) shall be the representative rate in force on:

- the day on which the application is deemed valid for consideration under Articles 3 and 4 of Regulation (EEC) No 2173/79, where the selling price is fixed at a standard rate in advance,

- the day on which the period for the submission of tenders expires, where, the selling price is fixed by tender.'

Article 5

This Regulation shall enter into force on 18 October 1982. This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 October 1982.

For the Commission

Poul DALSAGER

Member of the Commission

(1) OJ No L 148, 28. 6. 1968, p. 24.

(2) OJ No L 106, 29. 4. 1977, p. 27.

(3) OJ No L 184, 29. 6. 1982, p. 19.

(4) OJ No L 251, 5. 10. 1979, p. 12.

(5) OJ No L 190, 14. 7. 1976, p. 1.

(6) OJ No L 126, 12. 5. 1981, p. 8.

(7) OJ No L 251, 1. 10. 1977, p. 60.

(8) OJ No L 269, 18. 9. 1982, p. 11.

(9) OJ No L 128, 24. 5. 1977, p. 1.

(10) OJ No L 198, 5. 8. 1977, p. 19.

(11) OJ No L 188, 1. 8. 1968, p. 1.