CELEX: 31985R2122
Language: en
Date: 1985-07-29 00:00:00
Title: Commission Regulation (EEC) No 2122/85 of 29 July 1985 on the purchase by the Belgian intervention agency, and providing for the grant of a special aid by tender for the processing by heat treatment , of pigmeat stored under Regulations (EEC) No 772/85, (EEC) No 978/85 and (EEC) No 1477/85 bearing the national health mark

30 . 7. 85                               Official Journal of the European Communities                         No L 198 /25
                                   COMMISSION REGULATION (EEC) No 2122/85
                                                         of 29 July 1985
               on the purchase by the Belgian intervention agency, and providing for the grant
               of a special aid by tender for the processing by heat treatment, of pigmeat stored
               under Regulations (EEC) No 772/85, (EEC) No 978/85 and (EEC) No 1477/85
                                            bearing the Community health mark
THE COMMISSION OF THE EUROPEAN                                     manner so as to preserve its normal merchantable
COMMUNITIES,                                                       quality ;
 Having regard to the Treaty establishing the European             Whereas in view of the particular circumstances of this
 Economic Community,                                               intervention measure and the exceptional nature of the
                                                                   meat in question, an alternative method of disposal
Having regard to Council Regulation (EEC) No                       should be foreseen ; whereas it is intended that stores
2759/75 of 29 October 1975 on the common organi­                   should be granted a special aid if instead of offering
zation of the market in pigmeat ('), as last amended by            their meat to the Belgian intervention agency they
Regulation (EEC) No 2966/80 (2), and in particular                 undertake to sell or otherwise dispose of their meat
Article 20 thereof,                                                subject to certain stringent obligations as regards the
                                                                   storage, treatment and final disposal of the said meat ;
 Having regard to Council Regulation (EEC) No
2763/75 of 29 October 1975 laying down general rules               Whereas, in order to ensure equality of treatment
for granting private storage aid for pigmeat (3), and in           between storers and to fix the amount of the special
particular Article 3 thereof,                                      aid it would be appropriate to have recourse to a
                                                                   tendering procedure ;
Whereas, in the light of the health situation in the
stockfarming sector in Belgium, provision is made in               Whereas the scope of this Regulation is limited to
Commission Regulations (EEC) No 772/85 (4), as last                meat stored under the abovementioned Regulations
amended by Regulation (EEC) No 978/85 (*), (EEC)                   and which bears the Community health mark as
No 978/85 itself, as amended by Regulation (EEC) No                defined in Article 5a of Council Directive 72/461 /EEC
 1086/85 (*), and (EEC) No 1477/85 Q, as amended by                of 12 December 1972 (9), as last amended by Directive
Regulation (EEC) No 1706/85 (8), for exceptional                   85/322/EEC (10) ;
support measures for the market in pigmeat in that
Member State ;                                                     Whereas to take account of the current trading situa­
                                                                   tion in the pigmeat sector between the Community on
Whereas, the abovementioned measures provide inter                 the one hand and the United States of America,
alia for the buying in of meat stored by the Belgian               Canada and Australia on the other hand, it is not
intervention agency at the request of the interested               intended that meat for which this special aid has been
party if the national health authorities decide that such          granted should be exported to the aforesaid countries ;
meat cannot be released for consumption until it has
undergone sufficient heat treatment and according to               Whereas the Management Committee for Pigmeat has
the conditions provided for in the abovementioned                  not delivered an opinion within the time limit set by
Regulations ;                                                      its chairman,
Whereas, the national health authorities have so deter­
mined and that the Belgian intervention agency is                  HAS ADOPTED THIS REGULATION :
obliged to buy in such meat as is offered to it by inte­
rested parties and which has been stored pursuant to
the aforesaid Regulations ;                                                                TITLE I
Whereas, the purchase prices provided for in Regula­
tions (EEC) No 772/85, (EEC) No 978/85 and (EEC)                                  Intervention purchases
No 1477/85 are only applicable in so far as the meat
in question has been stored and/or treated in a proper                                     Article 1
                                                                   1.    The Belgian intervention agency shall buy,
(') OJ  No  L  282, 1 . 11 . 1975, p. 1 .
(2) OJ  No  L  307, 18 . 11 . 1980, p. 5.                          subject to paragraphs 3 and 4, any meat stored
0   OJ  No  L  282, 1 . 11 . 1975, p. 19.                          pursuant to Regulations (EEC) No 772/85, (EEC) No
O   OJ  No  L  86, 27. 3 . 1985, p. 20 .                           978/85 and (EEC) No 1477/85 and duly offered in
O   OJ  No  L  105, 17. 4. 1985, p. 6.
(*) OJ  No  L  114, 27. 4. 1985, p. 36.
0   OJ  No  L  145, 4. 6. 1985, p. 17.                             (') OJ No L 302, 31 . 12. 1972, p. 24.
(8) OJ  No  L  163, 22. 6. 1985, p. 36.                            H OJ No L 168, 28 . 6. 1985, p. 41 .
 ---pagebreak---    No L 198/26                          Official Journal of the European Communities                                 30 . 7. 85
   accordance with the provisions of Article 4b of Regu­           (c) where appropriate a statement that tenders may be
   lation (EEC) No 772/85, Article 7 of Regulation (EEC)                 submitted by telex.
   No 978/85 and Article 7 of Regulation (EEC) No
   1477/85.                                                         2.     The notice of invitation       to tender shall be
                                                                   communicated to all storers of meat stored pursuant to
   2. In all cases the quantity of product purchased by            Regulations (EEC) No 772/85, (EEC) No 978/85 and
   the Belgian intervention agency shall not exceed the            (EEC) No 1477/85.
   quantity specified in the storage contract in question
   regardless of the quantities actually stored.
                                                                   The Belgian intervention agency shall also publish the
   3. The quantities of meat which may be offered in               notice of invitation to tender in the Moniteur Beige
                                                                   and wherever else considered appropriate.
  accordance with paragraphs 1 and 2 may be purchased
  only after the expiry of the storage contract, and only
  if prevailing market conditions allow ; where it appears
  necessary, the storage contract may be prolonged in                                      Article 5
  accordance with the procedure laid down in Article 24
  of Regulation (EEC) No 2759/75.                                  1.      The time limit for submission of tenders shall
                                                                   expire each last Tuesday of the month at 12 noon. If
  4. The Belgian intervention agency shall buy meat                that Tuesday falls on a public holiday, the time limit
  properly offered in accordance with this Article no              shall be extended to the following working day at 12
  later than 1 5 days after receipt of the offer for sale.         noon .
                           Article 2                              With respect to the first individual invitation to
                                                                  tender, the time limit for the submission of tenders
  Any losses arising from poor or inappropriate hand­             shall expire on 6 August 1985 at 12 noon.
  ling, freezing or storing of the aforesaid meat and
  detected after purchase shall be born by the storer.            2. Tenders shall be submitted in writing by the
                                                                  storer to the intervention agency against acknowledg­
                                                                  ment or by registered letter addressed to the interven­
                                                                  tion agency. The intervention agency may allow a
                           TITLE II                               tender to be submitted by telex.
                                                                  3.      A tender shall not be valid unless it includes the
                  Tender for special aid                          following particulars :
                           Article 3
                                                                  (a) the name and address of the tenderer and, if appro­
                                                                        priate, of the processor ;
  1.    Special aid may be granted for any meat not              (b) the week of the conclusion of the storage contract
 offered for sale in accordance with Article 1 which                   for the product in question ;
 could have been so offered and which bears the
                                                                 (c) the level of aid proposed, expressed per tonne of
 Community health mark.                                                product in ECU ;
 2. The amount of the special aid shall be fixed by              (d) the quantity of meat to which the aid relates and
                                                                       which is to be treated within the time limit laid
 means of a monthly invitation to tender.
                                                                       down in Article 10 ( 1 ) and which in any event
 3. The granting of the special aid shall be subject to                shall not exceed the quantity specified in the
the successful tenderer complying with the obligations                 storage contract ;
listed in Article 10 in relation to the storage, treatment       (e) a statement by the tenderer accepting responsibility
and disposal of the said meat.                                         in respect of any latent defect in the product not
                                                                       visible on inspection, arising from inappropriate
                                                                       handling, freezing or storage methods ;
                          Article 4
                                                                 (f) an undertaking to either store, treat and dispose of,
 1 . The Belgian intervention agency shall draw up a                   pursuant to Article 10 and within the time limit
notice of invitation to tender stating in particular :                 laid down in Article 10 ( 1 ), the quantity of product
                                                                       specified in his tender or to ensure that such
(a) the time limit and place for the submission of                     storage, treatment and disposal as laid down in
      tenders ;                                                        Article 10 takes place.
(b) the formalities regarding provision of the security
      for tender and treatment and the obligations re­           4.       The quantity referred to in (d) may not be less
      garding storage, treatment and disposal ;                  than four tonnes .
 ---pagebreak---  30 . 7. 85                             Official Journal of the European Communities                            No L 198/27
 5.      A tender shall further not be valid unless the            (b) the expiry of the time limit for the treatment of
 following conditions are met :                                         the quantity of product stated in the tender ;
 (a) proof must be supplied that before the expiry of              (c) the particulars specified in Article 5 (3) (c) and (d).
       the time limit for the submission of tenders, in
       response to the individual invitation to tender in
       question, the tenderer has lodged the security for
       the tender and treatment referred to in Article 6 ;                                  TITLE III
 (b) it must not contain any conditions and/or reserva­
       tions that are not expressly authorized.
                                                                  Treatment of meat for which special aid will be
 6.      A tender may not be withdrawn.                                                      granted
                            Article 6
                                                                                           Article 10
 1.      A security for tender and treatment shall be 100
 ECU per tonne.                                                    1 . Within five months from the date of forwarding
                                                                  of the information to the tenderer specified in Article
 2. The security shall be lodged at the option of the             9 the successful tenderer shall either himself treat or
 tenderer, in cash or in the form of a guarantee                  else ensure that treatment is carried out on the quan­
 provided by an establishment meeting the criteria                tity of meat specified in the tender and further that the
 fixed by the Belgian intervention agency, who may                obligations as regards storage and disposal listed below
 equally accept a banker's cheque as security.                    are respected.
                            Article 7                             2.      The obligations incumbent upon the successful
                                                                  tenderer shall be as follows :
 In accordance with the procedure laid down in Article            The tenderer shall himself process and dispose, or if
 24 of Regulation (EEC) No 2759/75, a maximum                     the meat is sold to a third party shall ensure that the
amount of aid, expressed per tonne of product, shall              third party processes and disposes, of the meat in the
be fixed for each individual invitation to tender. It
                                                                  following fashion :
 may also be decided under the abovementioned proce­
dure to make no award.
                                                                  (a) the meat shall undergo treatment as specified in
                                                                       the Annex hereto ;
                            Article 8                             (b) the meat shall be stored, transported and processed
                                                                       separately from all other meat and meat products ;
 1.      A tender shall be refused if the level of aid                 such activities shall, in any event, comply with the
proposed is above the maximum amount fixed for the                     rules of the competent Belgian services governing
individual invitation to tender in question.                           the disposal of this meat and shall take place
                                                                       within the territory of the Kingdom of Belgium ;
2. Without prejudice to the provisions of paragraph
                                                                  (c) all waste products shall be collected and destroyed
 1 , the successful tenderers shall be those who propose
a level of aid below or equal to the maximum amount
                                                                       under the supervision specified in Article 1 0 (4).
of aid fixed.
                                                                  3.     The successful tenderer further undertakes to
3. The right of a storer/tenderer to offer meat for               ensure that the final products from the meat for which
sale in accordance with Article 1 expires upon his                a special aid is granted will not be exported to the
being adjudged successful in accordance with para­                United States of America, Canada or Australia, ir­
graph 2 of this Article for that quantity of meat.                respective of whether or not he himself processes and
                                                                  disposes of the meat.
                            Article 9 .                           4.     The control of the obligations listed in paragraph
                                                                  2 shall include a permanent control on site of the
 1 . Each tenderer shall be informed without delay by             treatment and processing of the meat for which a
the intervention agency, by registered letter, of the             special aid is granted. This control will be carried out
outcome of his tender.
                                                                  by the Belgian veterinary services without prejudice to
2.       If the tenderer is successful he shall be informed
                                                                  any further controls provided for by national legisla­
                                                                  tion .
of the following :
(a) the expiry of the time limit for the submission of            5. If meat for which a special aid may be granted is
      tenders in response to the individual invitation to         subject to a storage contract at the time that a
      tender in question ;                                        successful bid is notified to the tenderer in accordance
 ---pagebreak--- No L 198/28                         Official Journal of the European Communities                                 30 . 7. 85
with Article 9 then a curtailment of the storage               shall be made pro rata according to the quantity speci­
contract may be agreed between the Belgian interven­           fied in the said certificate .
tion agency and the tenderer.
                                                                                       Article 12
If the storage contract is so curtailed, the amount of
aid payable shall be reduced in accordnce with the             1.    Save in cases of force majeure the security for
tables appearing in the Annexes to Regulations (EEC)          tender and treatment referred to in Article 6 shall be
No 772/85, (EEC) No 978/85 or (EEC) No 1477/85.               released only for that quantity of meat in respect of
                                                              which :
                                                              (a) the tender was not accepted ; or
                         TITLE IV                             (b) a certificate as referred to in Article 11 (1 ) has been
                                                                   issued.
                                                              2. In the case of any failure to comply with any
                   General provisions                         obligation incumbent upon a successful tenderer
                                                              under this Regulation, the Belgian intervention agency
                        Article 11                            shall declare the security totally or partially forfeit
                                                              depending on the seriousness of the breach involved.
1 . After checking that the processing of the meat            All such cases where the preceding subparagraph is
subject to a special aid has been effected in accordance      applied shall be notified to the Commission giving full
with this Regulation the Belgian veterinary services          details of the circumstances involved and the action
shall issue to the person concerned a certificate speci­      taken .
fying the quantity of meat that has been properly
processed and treated.                                                                 Article 13
2. Payment of the special aid shall be made on                This Regulation shall enter into force on the day of its
presentation of the certificate referred to in paragraph      publication in the Official Journal of the European
1 to the Belgian intervention agency. The payment             Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 29 July 1985.
                                                                        For the Commission
                                                                         Frans ANDRIESSEN
                                                                            Vice-President
 ---pagebreak--- 30 . 7. 85                         Official Journal of the European Communities                                   No L 198/29
                                                          ANNEX
           Obligations on the disposal of the meat stored pursuant to Regulations (EEC) No 772/85,
                 (EEC) No 978/85 and (EEC) No 1477/85 bearing the Community health mark
           The pigmeat shall be fully deboned and the major lymphatic nodes removed.
           The portion of pigmeat for heat treatment shall not exceed 5 kilograms in weight.
           Before heating, each portion of the meat mentioned above shall be enclosed in a hermetically sealed
           container.
           The meat in its container shall be subjected to a heat treatment according to the following criteria :
           — the product shall retain a temperature of at least 60° for a minimum of four hours during which
               time the temperature shall be raised to at least 70° for a minimum of 30 minutes,
           — the temperature of a representative number of samples of each batch of the product shall be
               monitored continuously by means of an automatic temperature recording device which records
               the temperature in the centre of the product and in the interior of the heating apparatus,
           At all times during its processing, measures shall be taken to prevent any possible recontamination,
           The products shall be marketed beside the health mark with the special additional mark '3-85'.