Commission Regulation (EC) No 1034/2003 of 17 June 2003 on periodical sales by tender of beef held by certain intervention agencies
Date: 2003-06-17
Institutions: European Commission
Subjects: award of contract, beef, intervention agency, sale

18.6.2003

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Official Journal of the European Union

L 150/21

COMMISSION REGULATION (EC) No 1034/2003

of 17 June 2003

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) 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 806/2003 (2), and in particular Article 28(2) and 38(2)
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

intervention
The application of certain exceptional
measures in respect of beef has resulted in a build-up of
stocks in several Member States. In order to prevent
storage being prolonged excessively, stocks originating
from these measures should be put up for sale by peri-
odical tender.

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 in by intervention agencies and repealing
Regulation (EEC) No 216/69 (3), as last amended by
Regulation (EC) No 2417/95 (4), and in particular Titles
II and III thereof.

In the light of the frequency and nature of tenders under
this Regulation it is necessary to derogate from Article 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.

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 251, 5.10.1979, p. 12.
(4) OJ L 248, 14.10.1995, p. 39.

On the basis of experience gained with regard to the
disposal of bone-in intervention beef, it is necessary to
reinforce the quality controls of the products before their
delivery to the purchasers, in particular to ensure that
the products comply with the provisions in Annex III of
Commission Regulation (EC) No 562/2000 of 15 March
2000 laying down detailed rules for the application of
Council Regulation (EC) No 1254/1999 as regards the
buying-in of beef (5), as last amended by Regulation (EC)
No 1564/2001 (6).

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

The following approximate quantities of

1.
intervention
beef, bought in under Article 7 of Regulation (EC) No 2734/
2000 (7), Article 7 of Regulation (EC) No 590/2001 (8), and
Article 1(7) of Regulation (EC) No 1209/2001 (9), shall be put
up for sale:

— 183 tonnes of bone-in forequarters 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

Tenders shall be submitted for the following closing

1.
dates:

(a) 23 June 2003;

(b) 7 July 2003;

(c) 21 July 2003;

(d) 25 August 2003,

until the quantities put up for sale are used up.

(5) OJ L 68, 16.3.2000, p. 22.
(6) OJ L 208, 1.8.2001, p. 14.
(7) OJ L 316, 15.12.2000, p. 45.
(8) OJ L 86, 27.3.2001, p. 30.
(9) OJ L 165, 21.6.2001, p. 15.

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Official Journal of the European Union

18.6.2003

Notwithstanding Articles 6 and 7 of Regulation (EEC) No
2.
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

Article 3

Not later than the day following the closing date for the
the Member States shall send the

1.
submission of
tenders,
Commission details of tenders received.

Following scrutiny of

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

the tenders, a minimum selling

— the deadline and place for the submission of tenders.

Article 4

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.

4.
The intervention agencies concerned shall sell first meat
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.

Only

tenders

5.
agencies
concerned by 12.00 on the relevant closing date for each sale
by tender shall be considered.

intervention

reaching

the

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.

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

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

2.
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 day of the notifi-
cation referred to in Article 11 of the same Regulation.

Article 5

1.
The Member States shall take all necessary measures to
ensure that bone-in intervention products delivered to the
purchasers are presented in a state which fully complies with
Annex III of Regulation (EC) No 562/2000 and in particular
the sixth indent of point 2(a) of that Annex.

2.
The costs related to the measures referred to in paragraph
1 shall be borne by the Member States and shall, in particular,
not be imposed on the purchaser or any other third party.

3. Member States shall notify the Commission (1), of all cases
where a bone-in intervention quarter has been identified as not
complying with Annex III as referred to in paragraph 1, speci-
fying the quality and quantity of the quarter as well as the
slaughterhouse where it was produced.

Article 6

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

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

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

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

Done at Brussels, 17 June 2003.

For the Commission

Franz FISCHLER

Member of the Commission

(1) DG Agriculture, D2: fax (32-2) 295 36 13.

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

Direcciones de los organismos de intervención — Interventionsorganernes adresser — Anschriften der Interventions-
stellen — ∆ιευθύνσεις των οργανισµών παρεµβάσεως — Addresses of the intervention agencies — Adresses des organismes
d'intervention — Indirizzi degli organismi d'intervento — Adressen van de interventiebureaus — Endereços dos orga-
nismos de intervenção — Interventioelinten osoitteet — Interventionsorganens adresser

ESPAÑA

FEGA (Fondo Español de Garantía Agraria)
Beneficencia, 8
E-28005 Madrid
Teléfono: +34 91 347 65 00, 347 63 10; télex: FEGA 23427 E, FEGA 41818 E; fax: +34 91 521 98 32, 522 43 87