CELEX: 31988R3607
Language: en
Date: 1988-11-19 00:00:00
Title: Commission Regulation (EEC) No 3607/88 of 18 November 1988 on the sale by tender, for processing in the Community, of beef held by the Spanish and French intervention agencies and amending Regulation (EEC) No 2908/88

19. 11 . 88                             Official Journal of the European Communities                            No L 313/35
                                      COMMISSION REGULATION (EEC) No 3607/88
                                                    of 18 November 1988
                  on the sale by tender, for processing in the Community, of beef held by the
                   Spanish and French intervention agencies and amending Regulation (EEC) No
                                                            2908/88
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European
Economic Community,                                                                          Article 1
Having regard to Council Regulation (EEC) No 805/68 of            1.     The sale shall take place of approximately :
27 June 1968 on the common organization of the market
in beef and veal ('), as last amended by Regulation (EEC)         — 8 900 tonnes of forequarters held by the Spanish
No 2248/88 (2), and in particular Article 7 (3) thereof,               intervention agency and bought in before 1 October
                                                                       1987,
Whereas the application of intervention measures in               — 1 400 tonnes of forequarters held by the French
respect of beef has created large stocks in Spain and                  intervention agency and bought in before 1 January
France ;                                                               1988 .
Whereas, in the present market situation; .there are outlets      2. The products referred to in paragraph 1 shall be sold
for such meat for processing in the Community ; whereas           for processing in accordance with Regulation (EEC) No
the meat , should be offered for sale by means of a               2173/79, and in particular Articles 6 to 12 thereof,
tendering procedure ;                                             together with Regulations (EEC) No 569/88, (EEC) No
                                                                  2182/77 and this Regulation.
Whereas the sale should be made subject to the rules laid
down by Commission Regulations (EEC) No 2173/79 (3),
as amended by Regulation (EEC) No 1 809/87 (4), (EEC)                                        Article 2
No 569/88 (*), as last amended by Regulation (EEC) No
3333/88 (*), and (EEC) No 2182/77 Q, as last amended by
Regulation (EEC) No 3988/87 (8), subject to certain special        1 . The deadlines for submitting tenders in respect of
exceptions on account of the particular use to which the          the sale by invitation to tender shall be 12.00 on 28
                                                                   November 1988 .
products in question are to be put ;
Whereas it seems appropriate to waive certain provisions          The Spanish and French intervention agencies shall draw
of Article 8 (2) (b) of Regulation (EEC) No 2173/79, taking       up a notice of invitation to tender which shall include the
into account the administrative difficulties which the             following :
application of this subparagraph raises in certain Member
States ;                                                          (a) the quantities of bone-in beef offered for sale, and
                                                                  (b) the deadline and place for submitting tenders.
Whereas Commission Regulation (EEC) No 2908/88 (9),
as amended by Regulation (EEC) No 2996/88 (10), provides           2. The intervention agencies referred to in paragraph 1
for a sale of forequarters forequarters for export, without        shall sell first the meat which has been stored the longest.
further processing -or after boning ; whereas given the
current state of this sale it is necessary to modify certain       3. By way of derogation from Articles 6 and 7 of
quantities ;                                                       Regulation (EEC) No 2173/79, the provisions of and the
                                                                   Annexes to this Regulation shall serve as a general notice
Whereas the measures provided for in this Regulation are           of invitation to tender.
in accordance with the opinion of the Management
Committee for Beef and Veal,                                       4. Interested parties may obtain the details of the
                                                                   quantities available and the places where the products are
(') OJ   No L 148, 28. 6. 1968, p. 24.                             stored from the addresses listed in Annex II to this
0   OJ   No L 198, 26. 7. 1988, p. 24.                             Regulation. The intervention agencies shall, moreover,
0   OJ   No L 251 , 5. 10. 1979, p. 12.                            display the notice referred to in paragraph 1 at their head
(4) OJ   No L 170, 30. 6. 1987, p. 23.                             offices and may also publish them elsewhere.
0   OJ   No L 55, 1 . 3. 1988, p. 1 .
(j OJ No L 295, 28. 10. 1988, p. 34.
0 OJ No L 254 , 1 . 10. 1977, p. 60.                               5. By way of derogation from Article 8 (2) (b) of
(") OJ No L 376, 31 . 12. 1987, p. 31 .
0 OJ No L 262, 22. 9. 1988, p. 8.                                  Regulation (EEC) No 2173/79, tenders shall not indicate
H OJ No L 270, 30. 9. 1988, p. 66.                                 at which cold store or stores the products are held.
 ---pagebreak--- No L 313/36                             Official Journal of the European Communities                             19 . 11 . 88
                           Article 3                              be fixed for each product or the sale will not be
                                                                  proceeded with!
1.     Notwithstanding Article 3(1 ) of Regulation (EEC)
No 2182/77, offers
                                                                                           Article 5
(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         1 . Notwithstanding Article 15(1 ) of Regulation (EEC)
     is entered in a public register of a Member State ; and      No 2173/79 the amount of the security shall be 100 ECU
                                                                  per tonne.
(b) must be accompanied by a written undertaking by the
     tenderer to process the meat purchased into products          2. The amount of the processing security referred to in
     specified in Article 1 (1 ) of Regulation (EEC) No           Article 4(1 ) of Regulation (EEC) No 2182/77 shall be
     2182/77 within the period referred to in Article 5(1 )       equal to the difference between 1 800 ECU per tonne and
     of the abovementioned Regulation.                             the amount per tonne offered under the tender.
2.     The tenderers referred to in paragraph 1 may
instruct an agent to take delivery, on their behalf, of the        3.   Before taking over the beef the buyer shall indicate
products which they purchase. In this case the agent shall         the establishment or establishments where the meat
submit the offers to purchase on behalf of the purchasers         which has been purchased will be processed.
whom he represents.
 3. The purchasers and agents referred to in the                                            Article 6
 foregoing paragraphs shall maintain and keep u£ to date
 an accounting system which permits the destination and            In Article 1 (1 ) of Regulation (EEC) No 2908/88, *2 500
 use of the products to be ascertained with a view                 tonnes' is hereby replaced by '1 100 tonnes'.
 particularly to checking to ensure that the quantities of
 products purchased and manufactured tally.
                                                                                            Article 7
                           Article 4
                                                                   This Regulation shall enter into force on the day of its
 After the offers received in respect of the invitation to         publication in the Official Journal of the European
 tender have been examined a minimum selling price shall            Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 18 November 1988 .
                                                                            For the Commission
                                                                             Frans ANDRIESSEN
                                                                                Vice-President
 ---pagebreak--- 19 . 11 . 88                        Official Journal of the European Communities                              No L 313/37
             ANEXO I — BILAG I — ANHANG I — ΠΑΡΑΡΤΗΜΑ I — ANNEX I — ANNEXE I —
                                       ALLËGATO I — BIJLAGE I — ANEXO I
                  Estado miembro                                Productos              Cantidades (toneladas)
                    Medlemsstat                                 Produkter                 Mængde (tons)
                    Mitgliedstaat                              Erzeugnisse               Mengen (Tonnen)
                       Κράτος                                  Προϊόντα                 Ποσότητες (τόνοι)
                   Member State                                 Products                Quantities (tonnes)
                    État membre                                  Produits                Quantités (tonnes)
                   Stato membro                                  Prodotti               Quantità (tonnellate)
                      Lid-Staat                                Produkten                 Hoeveelheid (ton)
                  Estado-membro                                 Produtos               Quantidade (toneladas)
             España                       — Delanteros, procedentes de :
                                              animales jóvenes machos                          8 900
             France                       — Quartiers avant, provenant de :
                                              catégories A et C, classes U, R, O               1400
             ANEXO II — BILAG II — ANHANG II — ΠΑΡΑΡΤΗΜΑ II — ANNEX II — ANNEXE II —
                                     ALLEGATO II — BIJLAGE IÏ — ANEXO II
             Direcciones de los organismos de intervención — Interventionsorganernes adresser —
             Anschriften der Interventionsstellen — Διευθύνσεις των οργανισμών παρεμβάσεως — Addresses
             of the intervention agencies — Adresses des organismes d'intervention — Indirizzi degli
             organismi d'intervento — Adressen van de interventiebureaus — Endereços dos organismos de
                                                          intervenção
             ESPAÑA :                 Servicio Nacional de Productos Agrarios (SENPA),
                                      c/ Beneficencia 8,
                                      28003 Madrid,
                                      Tel. 222 29 61 ,
                                      Télex 23427, SENPA E.
             FRANCE :                 OFIVAL,
                                      Tour Montparnasse,
                                      avenue du Maine 33,
                                      75755 Paris Cedex 15
                                      (Tél. 4538 84 00, télex 26 06 43).