CELEX: 31977R2900
Language: en
Date: 1977-12-22 00:00:00
Title: Commission Regulation (EEC) No 2900/77 of 22 December 1977 laying down detailed rules for the sale of beef held by the intervention agencies to enable the import with total suspension of the levy of frozen beef and veal intended for processing

No L 338 / 6                              Official Journal of the European Communities                            28 . 12 . 77
                                      COMMISSION REGULATION ( EEC) No 2900/77
                                                       of 22 December 1977
             laying down detailed rules for the sale of beef held by the intervention agencies
             to enable the import with total suspension of the levy of frozen beef and veal
                                                     intended for processing
THE COMMISSION OF THE EUROPEAN                                      conditions for alterations to the value of the unit of
COMMUNITIES,                                                        account used for the common agricultural policy (5)
                                                                     provides that, in the case of transactions carried out
Having regard to the Treaty establishing the European                pursuant to the common agricultural policy, the sums
Economic Community,                                                  owed by a Member State or a duly authorized body,
                                                                     expressed in national currency and representing
Having regard to Council Regulation ( EEC) No                        amounts fixed in units of account, should be paid on
805/68 of 27 June 1968 on the common organization                    the basis of the relationship between the unit of
of the market in beef and veal ('), as last amended by               account and the national currency which obtained at
                                                                     the time when the transaction or part transaction was
Regulation ( EEC) No 425/77 (2), and in particular Arti­             carried out ;
cles 7(3) and 14(4)(c) thereof,
Whereas Article 14(3)(b) of Regulation ( EEC) No                     Whereas under Article 6 of the abovementioned Regu­
                                                                     lation , the time when a transaction is carried out is
805/68 provides that the total suspension of the
                                                                     considered as being the date on which the event
import levy in respect of frozen beef and veal
                                                                     occurs, as defined by Community rules or, in the
intended for processing may be made conditional on
the submission of a purchase contract for frozen meat                absence of and pending adoption of such rules, by the
                                                                     rules of the Member State concerned , in which the
held by an intervention agency ;                                     amount involved in the transaction becomes due and
                                                                     payable ;
Whereas the sale of frozen meat held by the interven­
tion agencies must take place in such a way as to
                                                                     Whereas only contracts for the purchase of meat held
avoid any disturbance of the market and to ensure
equal access to all interested parties ; whereas recourse            by intervention agencies may confer entitlement to
should therefore be had to a tendering procedure to                  the issue of import licences for meat under the system
permit a fair distribution of the quantities of meat put             provided for in Article 1 4 (3) (b) of Regulation (EEC)
                                                                     No 805/ 68 ; whereas provision should be made for a
up for sale ; whereas such sales must take place
                                                                     special endorsement to be made on these contracts ;
pursuant to Commission Regulation ( EEC) No 216/69
of 4 February 1969 on detailed rules of application for
the disposal of frozen beef and veal bought in by inter­             Whereas cases of force majeure may arise during the
vention agencies (3) while providing for certain excep­              tendering operations ; whereas, consequently, the inter­
tions ; whereas, in the case of boned meat, the presen­              vention agencies should be able to take the measures
tation of the products put up for sale must comply                   necessary in the circumstances ;
with Commission Regulation ( EEC) No 2630/75 of 16
October 1975 on the boning of beef bought in by the                  Whereas the measures provided for in this Regulation
intervention agencies (4 ) ;                                         are in accordance with the opinion of the Manage­
                                                                     ment Committee for Beef and Veal ,
Whereas the system provided for in Article 14(1 ) (a)
of Regulation ( EEC) No 805/68 is normally more
favourable to the parties concerned than the system
provided for in Article 14(1 ) (b) thereof ; whereas it is            HAS ADOPTED THIS REGULATION :
therefore reasonable to make it possible to fix
different minimum prices for the sale of intervention
meat according to the destination of the imported                                              Article 1
meat ;
                                                                      1.    Importation with total suspension of the levy as
Whereas Article 4(2) of Council Regulation ( EEC) No                  provided for in Article 14(3)(b) of Regulation (EEC)
 1134/68 of 30 July 1968 laying down rules for the                    No 805/68 shall be conditional upon the submission
implementation of Regulation ( EEC) No 653 / 68 on                   of a purchase contract for frozen meat held by an
                                                                      intervention agency, concluded in accordance with
(')  OJ No L 148 , 28 .   6 . 1968 , p. 24 .                          this Regulation .
(2)  OJ No L 61 , 5 . 3 .  1977 , p. 1 .
(3 ) OJ No L 28 , 5 . 2 .  1969 , p. 10 .
(4 ) OJ No L 268 , 17 .   10 . 1975 , p . 16 .                       0 ) OJ No L 188 , 1 . 8 . 1968 , p. 1 .
 ---pagebreak--- 28 . 12 . 77                        Official Journal of the European Communities                            No L 338 / 7
2. The sale shall take place by way of tender,                of the list of tenderers and the quantities of products
pursuant to Regulation (EEC) No 216/69, and in parti­         for which tenders have been submitted, specifying the
cular Articles 6 to 14 thereof, subject to the special        import system concerned.
and derogating provisions laid down in this Regula­
tion .                                                         If the day referred to in the preceding subparagraph is
                                                               not a working day in a Member State, that Member
                                                              State shall make the communication on the first
                         Article 2
                                                              working day thereafter.
1 . A general notice of invitation to tender shall be
                                                               However, on the first occasion , the communication
published at the latest on the date of publication of
the first partial invitation to tender.                       referred to in the first subparagraph shall be made on
                                                              6 February 1978 .
2. Under the tendering system , the intervention
agencies shall issue partial invitations to tender every                               Article 5
quarter.
The individual notice of invitation to tender shall            Different minimum prices may be fixed for tenders
specify the date by which the meat put up for sale was        intended to allow the import :
taken over by the intervention agencies and, in the           A. of frozen meat intended for the manufacture of the
case of boned meat, its form of presentation in accor­             preserves referred to in Article 14(1 ) (a) of Regula­
dance with Regulation ( EEC) No 2630/75.                           tion (EEC) No 805/68 ;
3. Notices of invitation to tender shall be published          B of frozen meat intended for the manufacture of the
in the Official Journal of the European Communities                other products referred to in Article 14(1 ) (b)
at least five days before the beginning of the period              thereof.
laid down for the submission of tenders .
                                                                                       Article 6
                         Article 3
                                                              The representative rate to be applied to each tender
1 . Tenders may be submitted only during the first
                                                              accepted shall be that applicable, pursuant to Regula­
10 days of each quarter. However, on the first occa­
sion , they may be submitted only between 20 and 30
                                                              tion (EEC) No 878 /77, on the last day of the period
                                                              laid down for the submission of tenders .
January 1978 .
2.     The tender shall specify the group of products as                               Article 7
referred to in Article 5 which the tenderer wishes to
import.                                                        1 . The purchase contract shall include the endorse­
3.     For each of the systems referred to in Article          ment : 'Article 14(3)(b) of Regulation (EEC) No
14(1 ) of Regulation ( EEC) No 805/68 , all tenders           805/68', followed by the capital letter referring to the
from the same tenderer shall be considered as a single        group of products to be imported pursuant to Article
tender.                                                        5, the signature of the person authorized and the
                                                              stamp of the intervention agency.
4. Only tenders for a total quantity of not less than
five tonnes and not more than 100 tonnes, expressed           2.      The purchase contract shall not be transferable.
as unboned meat, can be accepted . 100 kilograms of
unboned meat shall be equal to 77 kilograms of                                         A rticle 8
boned meat .
5. When submitting         the tender, the tenderer shall     When , for reasons of force majeure, the successful
declare that for the       current quarter he has not         tenderer cannot comply with the timetable for taking
submitted and that he      undertakes not to submit any       over the product, the intervention agency shall take
tender in respect of       the same special system in         such measures as it deems necessary in the light of
Member States other than the one in which the tender          the circumstances invoked .
is submitted ; if the same tenderer submits tenders in
respect of the same special system in two or more             The intervention agency shall inform the Commission
Member States, none of these tenders shall be consid­         of each case of force majeure and the measures taken
ered .                                                        accordingly .
                         Article 4                                                     Article 9
Before 4 p.m . on the 18th day of each quarter, the           This Regulation shall enter into force on 1 January
Member States shall inform the Commission by telex             1978 .
 ---pagebreak--- No L 338 / 8                    Official Journal of the European Communities                        28 . 12 . 77
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 22 December 1977.
                                                                    For the Commission
                                                                     Étienne DAVIGNON
                                                                Member of the Commission