CELEX: 31974R0874
Language: en
Date: 1974-04-11 00:00:00
Title: Regulation (EEC) No 874/74 of the Commission of 8 April 1974 on an invitation to tender for the sale for export of hindquarters of beef and veal held by the Irish intervention agency

No L 101 / 52                             Official Journal of the European Communities                               11 . 4 . 74
                                 REGULATION ( EEC) No 874/74 OF THE COMMISSION
                                                           of 8 April 1974
               on an invitation to tender for the sale for export of hindquarters of beef and veal
                                             held by the Irish intervention agency
THE COMMISSION OF THE EUROPEAN                                        HAS ADOPTED THIS REGULATION :
COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community ;                                                                            Article 1
Having regard to Council Regulation (EEC) No
805/68 (') of 27 June 1968 on the common organiza­                   Approximately 1 500 metric tons of hindquarters of
tion of the market in beef and veal , as last amended                beef and veal bought-in by the Irish intervention
by Regulation (EEC) No 1 87/73 (2), and in particular                 agency under Article 6 ( 1 ) of Regulation ( EEC) No
Article 7 (3) thereof ;                                               805/ 68 , shall be sold .
Whereas the possibility of permanent intervention has
led to the build-up of certain stocks particularly in
Ireland ; it is therefore necessary to arrange for the                                          Article 2
sale of these stocks in order to free the cold stores ;
Whereas in the present market situation which is char­                The sale shall take place by tendering procedure as
acterized by relatively low and unstable prices, it is                provided for by Regulation (EEC) No 216/69, and in
not desirable to distribute the meat on the Commu­                    particular Articles 6 to 14 thereof, and by this Regula­
nity market, therefore it is necessary to link the sale to            tion .
an obligation to export the goods ;
Whereas     under these          conditions   the  release  from
storage can be made according to Article 1 (2) (a) of                                           Article J
Council Regulation ( EEC) No 98 /69 (3 ) of 16 January
 1969 , laying down general rules for the disposal of                  1.    By derogation from Article 13 (3) of Regulation
frozen beef and veal bought-in by the intervention                    ( EEC) No 216/69 a tender is not valid unless accom­
agencies ;                                                            panied by a written statement in which the tenderer
Whereas for this purpose it appears necessary to make                 agrees to take out and to export the meat within 12
arrangement for sale by tender in order to allow the                  weeks of the day on which he is informed that his
release from storage in the most economical condi­                    tender has been accepted .-
tions as laid down in Commission Regulation (EEC)
No 216/69 (4) of 4 February 1969 on detailed rules for                2.     By derogation from Article 13 (2) of Regulation
the disposal of frozen beef and veal bought-in by the                 (EEC) No 216/ 69 the price is paid prorata on the
intervention agencies ; whereas there is cause to make                quantities withdrawn when the goods leave the ware­
provision , in these circumstances, for a deposit of an               house and at the latest on the day preceding each
amount covering, besides the amount fixed in Article                   removal .
 10 of Regulation (EEC) No 216/69, the refund appli­
cable to the meat in question , in order to ensure its
export ;
                                                                                                Article 4
Whereas, however, force majeure as defined by the
Court of Justice of the European Communities in
cases 4-68 (5) and 1 1 - 70 (6) may occur during the                   1.    By way of derogation from Article 10 ( 1 ) of
release from storage and export ; therefore in this case               Regulation (EEC) No 216/69 , the deposit shall be 52
the intervention agencies are allowed to take the neces­               units of account per 100 kg of the product.
sary measures ;
Whereas the measures provided for in this Regulation                   2.    In addition to the circumstances specified in
 are in accordance with the Opinion of the Manage­                    Article 14 (2) of Regulation (EEC) No 216/69 , the
 ment Committee for Beef and Veal ,                                    deposit shall be forfeit in respect of any quantities of
                                                                       meat in respect of which the successful tenderer does
0    OJ No L   148 , 28 . 6. 1968 , p. 24.                             not provide proof of importation into a third country.
(2)  OJ No L   25, 30 . 1 . 1973 , p. 23 .
(>)  OJ No L   14, 21 . 1 . 1969, p. 2 .
(4)  OJ No L   28 , 5. 2 . 1969 , p. 10 .                              3.    Proof of importation into a third country shall
(5)  Case-book  1968 , 549 .                                           be provided in the same way as for the purposes of
(*>) Case-book  1 970 , 1 1 25 .                                       export refunds .
 ---pagebreak--- 11 . 4 . 74                     Official Journal of the European Communities                         No L 101 / 53
                      Article 5                             The intervention agencies shall inform the Commis­
                                                            sion of each case of force majeure and of the measures
No refund shall be granted in respect of meat               taken in respect of it.
exported pursuant to this Regulation .
                      Article 6
                                                                                     Article 7
In case of force majeure, the intervention agencies
shall adopt the measures which appear warranted by          This Regulation shall enter into force on 1 1 April
the circumstances invoked .                                 1974 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 8 April 1974.
                                                                      For the Commission
                                                                          The President
                                                                     François-Xavier ORTOLI