Commission Regulation (EC) No 1197/2002 of 3 July 2002 on periodical sales by tender of beef held by certain intervention agencies
Date: 2002-07-03
Institutions: European Commission
Subjects: award of contract, beef, intervention agency, sale

4.7.2002

EN

Official Journal of the European Communities

L 174/19

COMMISSION REGULATION (EC) No 1197/2002

of 3 July 2002

on periodical sales by tender of beef held by certain intervention agencies

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1254/1999 of
17 May 1999 on the common organisation of the market in
beef and veal (1), as last amended by Commission Regulation
(EC) No 2345/2001 (2), and in particular Article 28(2) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

The application of intervention measures in respect of
beef has resulted in a build-up of stocks in several
Member States.
storage being
prolonged excessively, part of those stocks should be put
up for sale by periodical tender.

to prevent

In order

The sale should be conducted in accordance with
Commission Regulation (EEC) No 2173/79 of 4 October
1979 on detailed rules of application for the disposal of
beef bought
last
amended by Regulation (EC) No 2417/95 (4), and in
particular Titles II and III thereof.

in by intervention agencies (3), as

In the light of the frequency and nature of tenders under
this Regulation it is necessary to derogate from Articles
6 and 7 of Regulation (EEC) No 2173/79 with regard to
the information and deadlines to be provided by the
notice of invitation to tender.

In order to ensure that the sales by tender are conducted
properly and uniformly, measures in addition to those
provided for in Article 8(1) of Regulation (EEC) No
2173/79 should be adopted.

Provisions should be made for derogations from Article
8(2)(b) of Regulation (EEC) No 2173/79 in view of the
administrative difficulties which the application of that
point is creating in the Member States concerned.

In order to ensure a proper functioning of the tender
arrangements it is necessary to provide for a higher
amount of security than the one fixed in Article 15(1) of
Regulation (EEC) No 2173/79.

For practical reasons, provision should be made for a
derogation from Article 18(1) of Regulation (EEC) No
2173/79 by extending to 45 days the period to take
delivery of the products sold under the two tenders in
July.

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Beef and Veal,

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 315, 1.12.2001, p. 29.
(3) OJ L 251, 5.10.1979, p. 12.
(4) OJ L 248, 14.10.1995, p. 39.

Article 1

The following approximate quantities of intervention beef

1.
shall be put up for sale:

— 4 000 tonnes of bone-in hindquarters held by the German

intervention agency,

— 4 000 tonnes of bone-in hindquarters held by the Italian

intervention agency,

— 2 000 tonnes of bone-in hindquarters held by the Austrian

intervention agency,

— 4 000 tonnes of bone-in hindquarters held by the French

intervention agency,

— 4 000 tonnes of bone-in hindquarters held by the Spanish

intervention agency.

2.
Subject to the provisions of this Regulation, the sale shall
be conducted in accordance with Regulation (EEC) No 2173/
79, and in particular Titles II and III thereof.

Article 2

1.

Tenders shall be submitted for the following closing dates:

(a) 8 July 2002;

(b) 22 July 2002;

(c) 26 August 2002;

(d) 9 September 2002;

until the quantities put up for sale are used up.

2.
Notwithstanding Articles 6 and 7 of Regulation (EEC) No
2173/79, this Regulation shall serve as a general notice of invi-
tation to tender.

The intervention agencies concerned shall draw up notices of
invitation to tender for each sale, setting out in particular:

— the quantities of beef put up for sale, and

— the deadline and place for the submission of tenders.

3.
Particulars of the quantities and the places where the
products are stored may be obtained by the parties concerned
at the addresses set out in the Annex. The intervention agencies
shall, in addition, display the notices referred to in paragraph 2
at their head offices and may also publish them in other ways.

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Official Journal of the European Communities

4.7.2002

The intervention agencies concerned shall sell first meat
4.
which has been in storage for the longest time. However,
Member States may in exceptional cases and after having
obtained authorisation from the Commission derogate from
that obligation.

5.
Only tender reaching the intervention agencies concerned
by 12 noon on the relevant closing date for each sale by tender
shall be considered.

6.
Notwithstanding Article 8(1) of Regulation (EEC) No
2173/79, tenders must be submitted to the intervention agency
concerned in sealed envelopes bearing a reference to this Regu-
lation and the relevant date. The sealed envelopes must not be
opened by the intervention agency before the deadline for
submission as referred to in paragraph 5 has expired.

7.
Notwithstanding Article 8(2)(b) of Regulation (EEC) No
2173/79, tenders shall not specify the store or stores where the
products are held.

Notwithstanding Article 15(1) of Regulation (EEC) No

8.
2173/79, the security shall be EUR 12 per 100 kilograms.

Article 3

1.
Not later than the second day following the closing date
for the submission of tenders, the Member States shall send the
Commission details of tenders received.

Following scrutiny of

2.
price shall be set or no award shall be made.

the tenders, a minimum selling

Article 4

1.
The intervention agency shall send each tenderer the
information referred to in Article 11 of Regulation (EEC) No
2173/79 by fax.

Notwithstanding Article 18(1) of Regulation (EEC) No
2.
2173/79 the time limit for taking over meat sold by tender
referred to in Article 2(1)(a) and (b) of this Regulation shall be
45 days from the day of the notification.

Article 5

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Commu-
nities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 3 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission

4.7.2002

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Official Journal of the European Communities

L 174/21

ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANEXO — ANNEXE — ALLEGATO — BIJLAGE — ANEXO —
LIITE — BILAGA

Direcciones de los organismos de intervención — Interventionsorganernes adresser — Anschriften der Inter-
ventionsstellen — ∆ιευθύνσεις των οργανισµών παρεµβάσεως — Addresses of the intervention agencies —
Adresses des organismes d’intervention — Indirizzi degli organismi d’intervento — Adressen van de interven-
tiebureaus — Endereços dos organismos de intervenção — Interventioelinten osoitteet — Interventionsorga-
nens adresser

Bundesrepublik Deutschland

Bundesanstalt für Landwirtschaft und Ernährung (BLE)Postfach 180203,
D-60083 Frankfurt am Main
Adickesallee 40
D-60322 Frankfurt am Main
Tel. (49) 69 15 64-704/772;
Telex 411727;
Fax (49-69) 15 64-790/985

Italia

AGEA (Agenzia Erogazioni in Agricoltura)
Via Palestro, 81
I-00185 Roma
Tel. 06 49 49 91;
telex 61 30 03;
fax: 445 39 40/445 19 58

Österreich

AMA-Agramarkt Austria
Dresdner Straβe 70
A-1201 Wien
Tel. (431) 33 15 12/20;
Fax: (431) 33 15/1297

France

OFIVAL
80, avenue des Terroirs-de-France
F-75607 Paris Cedex 12
Téléphone: (33-1) 44 68 50 00
Télécopieur: (33-1) 44 68 52 33

España

FEGA (Fondo Español de Garantía Agraria)
Beneficencia 8
E-28005 Madrid
Tel.: (34) 916 47 65 00, 913 47 63 10;
télex: FEGA 23427 E, FEGA 41818 E;
fax (34) 915 21 98 32, 915 22 43 87