CELEX: 31989R3473
Language: en
Date: 1989-11-21 00:00:00
Title: Commission Regulation (EEC) No 3473/89 of 20 November 1989 on the sale, under the procedure laid down in Regulation (EEC) No 3143/85, of butter held by certain intervention agencies and intended for direct consumption in the form of concentrated butter

No L 337/ 16                              Official Journal of the European Communities                                21 . 11 . 89
                                      COMMISSION REGULATION (EEC) No 3473/89
                                                      of 20 November 1989
                  on the sale, under the procedure laid down in Regulation (EEC) No 3143/85, of
                  butter held by certain intervention agencies and intended 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 not later than 12 noon on 28
                                                                     November 1989 and those applications for purchase
Whereas Article 2a of Commission Regulation (EEC) No                 submitted from the fifth working day following the above
3143/85 of 11 November 1985 on the sale at reduced                   deadline shall be taken into consideration .
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 2690/89 (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 butter 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 Management Committee for Milk and Milk                   receipt, or by any written means of telecommunication.
Products has not delivered an opinion within the time
limit set by its chairman,                                           2.     Tenders shall state :
                                                                     (a) the name and address of the tenderer ;
                                                                    (b) the price offered per 100 kilograms of butter having
HAS ADOPTED THIS REGULATION :                                            the fat content required, exclusive of internal taxes, ex
                                                                         coldstore, expressed in the currency of the Member
                                                                         State on whose territory the butter is stored ;
                             Article 1                               (c) the quantity of butter applied for, stating its fat
                                                                         content ;
1 . The following quantities of intervention butter                  (d) the establishment where the total quantity of butter is
intended for direct consumption in the form of concen­                   to be concentrated and packed in accordance with
trated butter shall be put up for sale in two stages                     Articles 4 and 5 of Regulation (EEC) No 3143/85 and,
pursuant to Article 2a of Regulation (EEC) No 3143/85 :                  where appropriate, the establishment where the total
                                                                         quantity of concentrated butter is to be packed for
— 1 400 tonnes held by the Irish intervention agency                      marketing. However, with the agreement of the
     and taken into storage before 1 June 1987,                          competent agency, the total quantity of concentrated
— 1 400 tonnes held by the United Kingdom                                butter may be packed for marketing in an
     intervention agency and taken into storage before 1                 establishment other than that indicated in the tender ;
     June 1987.                                                      (e) where appropriate, the Member State on whose
                                                                         territory the butter is to be processed into concen­
2.     The intervention agencies referred to in paragraph 1               trated 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 3143/85 the
(J) OJ  No  L  84, 29. 3 . 1989, p. 1 .
(3) OJ  No  L  299, 12. 11 . 1985, p. 9.                                  quantity of butter stipulated in the tender for
0   OJ  No  L  261 , 7. 9 . 1989, p. 6.                                   processing into concentrated butter ;
 ---pagebreak--- 21 . 11 . 89                            Official Journal of the European Communities                                  No L 337/ 17
(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 3143/85 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 the tender states, in accordance with Article 2
                                                                   2. If the payment referred to in Article 6 ( 1 ) has been
(2), that the manufacture of the concentrated butter and           made without removal of the butter having been effected
the addition of tracers provided for in Article 5 (2) of           within the period referred to above, the successful
Regulation (EEC) No 3143/85 are effected in a Member               tenderer shall bear the cost and risk of storing the butter
State other than the Member State in which the offer has
                                                                   with effect from the day following that referred to in
been lodged, the tendering security may be lodged with             paragraph 1 (c). Removal may be effected by instalments.
the competent authority designated by the Member State
where the processing will take place and which shall issue         3. The butter shall be handed over by the intervention
to the tenderer the proof referred to in Article 2 (3) (d).        agency in packages bearing, in clear and legible print, the
                                                                   statement referred to in Article 3 (2) of Regulation (EEC)
                           Article 4                               No 3143/85.
 1 . Tenders shall be rejected if the price offered is lower       The butter shall remain in its original packaging until the
than the minimum price fixed for the tendering                     start of the processing operations in accordance with
procedure.                                                         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)
                                                                   No 3143/85.
 2.     Where the tenderer has been declared successful
 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 337/ 18                        Official Journal of the European Communities                          21 . 11 . 89
             This Regulation shall be binding in its entirety and directly applicable in «11 Member
             States.
             Done at Brussels, 20 November 1989.
                                                                         For the Commission
                                                                           Ray MAC SHARRY
                                                                     Member of the Commission
                                                         ANNEX I
                       Member State
                                                 Product          Quantity        Minimum price expressed
                                                   (%)            (tonnes)          in ECU per 100 kg
             Ireland                          Butter > 80           1 400                 175
             United Kingdom                   Butter > 80           1 400                 175
                                                         ANNEX II
             Addresses of the intervention agencies
             — Department of Agriculture and Food, Dairying (Trade) Division,
                 Agriculture House,
                 Kildare Street,
                 IRL-Dublin 2 :
                 tel. (35 31)78 90 11 ,
                 telex 93607 agri-ei,
                 telefax 616263 ;
             — Internal Market Division,
                 Intervention Board for Agricultural Produce,
                 Fountain House,
                 2 Queens Walk,
                 UK-Reading, Berks RG1 7QW ;
                 tel. (44)734-58 36 26,
                 telex 848302.