CELEX: 31989R2199
Language: en
Date: 1989-07-21 00:00:00
Title: Commission Regulation (EEC) No 2199/89 of 19 July 1989 on the sale, under the procedure laid down in Regulation (EEC) No 3143/85, of butter held by certain intervention agencies and inteded for direct consumption in the form of concentrated butter

No L 209/26                             Official Journal of the European Communities                                  21 . 7. 89
                                    COMMISSION REGULATION (EEC) No 2199/89
                                                        of 19 July 1989
                 on the salf, under the procedure laid down in Regulation (EEC) No 3143/85, of
                 butter held by certain intervention agencies and inteded for direct consumption
                                            in the form of concentrated butter
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       3.     The sales shall be conducted in accordance with the
                                                                   provisions of Regulation (EEC) No 3143/85 and this
Having regard to the Treaty establishing the European              Regulation.
Economic Community,
                                                                   4. The minimum prices referred to in Article 2a (3) of
Having regard to Council Regulation (EEC) No 804/68 of             Regulation (EEC) No 3143/85 are given in Annex I
                                                                   hereto.
27 June 1968 on the common organization of the market
in milk and milk products ('), as last amended by
Regulation (EEC) No 763/89 (2), and in particular Article          5. Only those tenders which reach the intervention
6 (7) thereof,                                                     agencies concerned no later than 12 noon on 26 July
                                                                   1989 and those applications for purchase submitted from
Whereas Article 2a of Commission Regulation (EEC) No               the fifth working day following the above deadline shall
                                                                   be taken into consideration.
3143/85 of 11 November 1985 on the sale at reduced
prices of intervention butter intended for direct
consumption in the form of concentrated butter (3), as last        6. Particulars relating to the quantities and the places
amended by Regulation (EEC) No 1953/89 (4), introduces             where the products are stored may be obtained from the
the option of selling intervention butter in two stages,           addresses given in Annex II.
firstly by tendering and secondly at prices fixed at a
standard rate in advance ;
                                                                                              Article 2
Whereas in view of the current btter stock situation it is
possible to offer butter for sale in accordance with the           1 . Tenders, which shall be in writing, shall be
conditions laid down in the Annexes to this Regulation ;           submitted either by registered post or delivered by hand
                                                                   to the intervention agency against acknowledgement of
Whereas the measures provided for in this Regulation are           receipt, or by any written means of telecommunication.
in accordance with the opinion of the Management
                                                                   2.     Tenders shall state :
Committee for Milk and Milk Products,
                                                                   (a) the name and address of the tenderer ;
                                                                   (b) the price offered per 100 kilograms of butter having
                                                                        the fat content required, exclusive of internal taxes, ex
HAS ADOPTED THIS REGULATION :                                           coldstore, expressed in the currency of the Member
                                                                        State on whose teritory the butter is stored ;,
                                                                   (c) the quantity of butter applied for, stating its fat
                           Article 1                                    content ;
                                                                   (d) the establishment where the total quantity of butter is
 1 . The following quantities of intervention butter                    to be concentrated and packed in accordance with
intended for direct consumption in "the form of concen­                 Articles 4 and 5 of Regulation (EEC) No 3143/85 and,
trated butter shall be put up for sale in two stages                    where appropriate, the establishment where the total
pursuant to Article 2a of Regulation (EEC) No 3143/85 :                 quantity of concentrated butter is to be packed for
                                                                        marketing. However, with the agreement of the
— 613     tonnes held by the      French intervention agency            competent agency, the total quantity of concentrated
     and  bought in before 1     May 1987,                              butter may be packed for marketing in an
— 600     tonnes held by the     Spanish intervention agency            establishment other than that indicated in the tender.
     and  bought in before 1     May 1987.                         (e) where appropriate, the Member State on whose
                                                                       territory the butter is to be processed into concentrated
2.     The intervention agencies referred to in paragraph 1            butter and tracers are to be added.
shall sell first the butter which has been stored the
 longest.                                                           3.    A tender shall not be valid unless :
                                                                   (a) it is accompanied by a written undertaking to use in
(>) OJ  No  L 148, 28. 6. 1968, p. 13.                                  accordance with Regulation (EEC) No 3143/88 the
0   OJ  No  L 84, 29. 3. 1989, p. 1 .
0   OJ  No  L 299, 12. 11 . 1985, p. 9.                                 quantity of butter stipulated in the tender for
0   OJ  No  L 187, 1 . 7. 1989, p. 102.                                 processing into concentrated butter ;
 ---pagebreak--- 21 . 7. 89                              Official Journal of the European Communities                                  No L 209/27
(b) it relates only to butter having the same fat content ;       in Article 2a (6) of Regulation (EEC) No 3143/85, pay the
(c) it relates to a quantity of at least one tonne. However,      intervention agency an amount corresponding to his
     if the butter has to be allocated proportionally and the     tender for each quantity which he intends to remove from
                                                                  store.
     quantity obtained by the tenderer is less than one
     tonne, the quantity obtained shall constitute the
     minimum quantity for tender ;                                2. Except in cases of force majeure, if the successful
                                                                  tenderer has not made the payment within the specified
(d) proof is furnished that, before expiry of the period set      period the tendering security referred to in Article 3 shall
     for the submission of tenders, the tenderer has lodged       be forfeited and the sale shall be cancelled in respect of
     the tendering security referred to in Article 3 (1).          the remaining quantities.
4. No tender may be withdrawn after the closing date
 specified in Article 1 (5).                                                                    Article 7
                           Article 3                               1 . When the amount referred to in Article 6(1 ) has
                                                                   been paid and the destination security has been lodged,
 1 . For the purposes of this Regulation, maintenance of           the intervention agency shall issue a removal warrant
 the tender after the closing date for the submission of -         indicating :
 tenders, payment of the price and lodging of the
 destination security referred to in Article 2a (5) of             (a) the quantity in respect of which the conditions
 Regulation (EEC) No 3143/88 shall constitute primary                   referred to above have been satisfied and the tender,
 requirements compliance with which shall be ensured by                 identified by a serial number, to which it relates ;
 the lodging of a tendering security of ECU 150 per tonne.
                                                                   (b) the coldstore where it is stored ;
 2.     Tendering securities shall be lodged in the Member         (c) the final date for removing the butter ;
 State in which the tender is submitted.
                                                                   (d) the final date for processing and packing.
 However, if tender states, in accordance with Article 2 (2),
 that the manufacture of the concentrated butter and the           2. If the payment referred to in Article 6 (1) has been
 addition of the tracer provided for in Article 5 (2) of           made without removal of the butter having been effected
 Regulation (EEC) No 3143/85 are effected in a Member              within the period referred to above, the successful
 State other than the Member State in which the offer has          tenderer shall bear the cost and risk of storing the butter
 been lodged, the tendering security may be lodged with            with effect from the day following that referred to in
 the competent authority designated by the Member State            paragraph 1 (c). Removal may be effected by instalments.
 where the processing will take place and which shall issue
 to the tenderer the proof referred to in Article 2 (3) (d).       3. The butter shall be handed over by the intervention
                                                                   agency in packages bearing, in clear and legible print, the
                           Article 4
                                                                   statement referred to in Article 3 (2) of Regulation (EEC)
                                                                   No 3143/85.
 1 . Tenders shall be rejected if the price offered is lower
 than the minimum price fixed for the tendering                    The butter shall remain in its original packaging until the
 procedure.
                                                                   start of the processing operations in accordance with
                                                                   Article 4 of that Regulation.
 2.     Rights and obligations arising in connection with
 the invitation to tender shall not be transferable.
                                                                                                Article 8
                           Article 5                                1.    The applications to purchase referred to in Article
                                                                    1 (5)   shall    be    mutatis    mutandis,    submitted  and
 1.     Each tenderer shall be notified by the intervention        admissable under the conditions laid down in Article
 agency of the result of his participation in the tendering        2(1 ), (2) (a), (c), (d) and (3) (a), (b) and (c).
 procedure within the time limit referred to in the fourth
 subparagraph of Article 2a (3) of Regulation (EEC) No             2.     The     contract    shall   be   concluded    under  the
 3143/85.
                                                                   conditions referred to in Article 2 (4) of Regulation (EEC)
 2.     Where the tenderer has been declared successful            No 3143/85.
 such notification shall indicate :
 (a) the quantity of butter sold ;                                                              Article 9
 (b) the sum of the destination security ;
                                                                   The destination security referred to in Article 3(1 ) shall
 (c) the final date for processing into concentrated butter        be ECU 200 per 100 kilograms.
      of the quantity of butter contained in the tender and
      for its packing.
                                                                                                Article 10
                           Article 6
                                                                   This Regulation shall enter into force on the day of its
 1.     The successful tenderer shall, before the removal of       publication in the Official Journal of the European
 the butter and within the time limit of 15 days specified          Communities.
 ---pagebreak--- No L 209/28                        Official Journal of the European Communities                     21 . 7. 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 19 July 1989.
                                                                      For the Commission
                                                                       Ray MAC SHARRY
                                                                    Member of the Commission
                                                      ANNEX I
                                           Product         Quantity         Minimum price expressed
                 Member State
                                             (%)           (tonnes)           in ECU per 100 kg
            France                      Butter > 82          613                    150
            Spain                       Butter > 82          600                    150
                                                      ANNEX II
            Addresses of the intervention agencies
            — Servicio Nacional de Productos Agrarios (SENPA),
                Calle de Beneficencia 8, E-28004 Madrid ;
                telephone : 522 29 61 ,
                telex : 41818 SENPA E ;
            — Société Interlait
                28/32, boulevard de Grenelle
                F-75737 Paris Cedex 15 ;
                telephone : 40 58 70 00,
                telex : 20 66 52,
                telecopy : 45 79 28 49.