CELEX: 31990R0242
Language: en
Date: 1990-01-31 00:00:00
Title: Commission Regulation (EEC) No 242/90 of 30 January 1990 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

31 . 1 . 90                                  Official Journal of the European Communities                               No L 27/5
                                         COMMISSION REGULATION (EEC) No 242/90
                                                           of 30 January 1990
                   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,                             2.    The intervention agencies referred to in paragraph 1
                                                                        shall sell first the butter which has been stored the
Having regard to the Treaty establishing the European                   longest.
Economic Community,
                                                                        3.    The sales shall be conducted in accordance with the
Having regard to Council Regulation (EEC) No 804/68 of                  provisions of Regulation (EEC) No 3143/85 and this
27 June 1968 on the common organization of the market                   Regulation.
in milk and milk products ('), as last amended by
Regulation (EEC) No 3879/89 (2), and in particular Article              4. The minimum prices referred to in Article 2a (3) of
6 (7) thereof,                                                          Regulation (EEC) No 3143/85 are given in Annex I
                                                                        hereto.
Whereas Article 2a of Commission Regulation (EEC) No                    5. Only those tenders which reach the intervention
3143/85 of 11 November 1985 on the sale at reduced
                                                                        agencies concerned not later than 12 noon on 6 February
prices of intervention butter intended for direct                       1990 and those applications for purchase submitted from
consumption in the form of concentrated butter (3), as last             the fifth working day following the above deadline shall
amended by Regulation (EEC) No 2690/89 (4), introduces                  be taken into consideration.
the option of selling intervention butter in two stages,
firstly by tendering and secondly at prices fixed at a                  6. Particulars relating to the quantities and the places
standard rate in advance ;                                              where the products are stored may be obtained from the
                                                                        addresses given in Annex II.
Whereas Commission Regulation (EEC) No 3473/89 (*)
concerning the sale of 2 800 tonnes of intervention butter
did not reach its desired goal ; whereas it is therefore                                          Article 2
necessary to repeal the said Regulation and to put back
on sale the quantities still held by the relevant agencies ;            1 . Tenders, which shall be in writing, shall be
                                                                        submitted either by registered post or delivered by hand
Whereas in view of the current butter stock situation it is             to the intervention agency against acknowledgement of
possible to offer butter for sale in accordance with the                receipt, or by any written means of telecommunication.
conditions laid down in the Annexes to this Regulation ;                2.    Tenders shall state :
Whereas the measures provided for in this Regulation are               (a) the name and address of the tenderer ;
in accordance with the opinion of the Management                       (b) the price offered per 100 kilograms of butter having
Committee for Milk and Milk Products,                                       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 ;
HAS ADOPTED THIS REGULATION :                                          (c) the quantity of butter applied for, stating its fat
                                                                            content ;
                                                                       (d) the establishment where the total quantity of butter is
                               Article 1                                    to be concentrated and packed in accordance with
                                                                            Articles 4 and 5 of Regulation (EEC) No 3143/85 and,
1 . The following quantities of intervention butter                         where appropriate, the establishment where the total
intended for direct consumption in the form of concen­                      quantity of concentrated butter is to be packed for
trated butter shall be put up for sale in two stages                        marketing. However, with the agreement of the
pursuant to Article 2a of Regulation (EEC) No 3143/85 :                     competent agency, the total quantity of concentrated
                                                                            butter may be packed for marketing in an
— 1 400 tonnes held by the Irish intervention agency                        establishment other than that indicated in the tender ;
     and taken into storage before 1 June 1987,
                                                                       (e) where appropriate, the Member State on whose
— 1 400 tonnes held by the United Kingdom                                   territory the butter is to be processed into concen­
     intervention agency and taken into storage before 1                    trated butter and tracers are to be added.
     July 1987.
                                                                        3.    A tender shall not be valid unless :
(') OJ   No L  148,  28. 6. 1968, p. 13.                               (a) it is accompanied by a written undertaking to use in
0   OJ   No L  378,  27. 12. 1989, p. 1 .                                   accordance with Regulation (EEC) No 3143/85 the
0   OJ   No L  299,  12. 11 . 1985, p. 9.
O   OJ   No L  261 , 7. 9. 1989, p. 6.                                      quantity of butter stipulated in the tender for
O   OJ   No L  337,  21 . 11 . 1989 , p. 16.                                processing into concentrated butter ;
 ---pagebreak--- No L 27/6                               Official Journal of the European Communities                                 31 . 1 . 90
(b) it relates only to butter having the same fat content ;        intervention agency an amount corresponding to his
(c) it relates to a quantity of at least one tonne. However,       tender for each quantity which he intends to remove from
                                                                   store .
     if the butter has to be allocated proportionally and the
     quantity obtained by the tenderer is less than one
                                                                   2.      Except in cases of force majeure, if the successful
     tonne, the quantity obtained shall constitute the             tenderer has not made the payment within the specified
     minimum quantity for tender ;                                 period the tendering security referred to in Article 3 shall
(d) proof is furnished that, before expiry of the period set      be forfeited and the sale shall be cancelled in respect of
     for the submission of tenders, the tenderer has lodged        the remaining quantities.
     the tendering security referred to in Article 3 ( 1 ).
4. No tender may be withdrawn after the closing date                                            Article 7
specified in Article 1.(5).
                                                                   1 . When the amount referred to in Article 6 ( 1 ) has
                           Article 3                              been paid and the destination security has been lodged,
                                                                  the intervention agency shall issue a removal warrant
1 . For the purposes of this Regulation, maintenance of           indicating :
the tender after the closing date for the submission of
                                                                  (a) the quantity in respect of which the conditions
tenders, payment of the price and lodging of the                       referred to above have been satisfied and the tender,
destination security referred to in Article 2a (5) of                  identified by a serial number, to which it relates ;
Regulation (EEC) No 3143/85 shall constitute primary
requirements compliance with which shall be ensured by            (b) the coldstore where it is stored ;
the lodging of a tendering security of ECU 1 50 per tonne.        (c) the final date for removing the butter ;
2.     Tendering securities shall be lodged in the Member         (d) the final date for processing and packing.
State in which the tender is submitted.
                                                                  2. If the payment referred to in Article 6 (1 ) has been
However, if the tender states, in accordance with Article 2       made without removal of the butter having been effected
(2), that the manufacture of the concentrated butter and          within the period referred to above, the successful
the addition of tracers provided for in Article 5 (2) of          tenderer shall bear the cost and risk of storing the butter
Regulation (EEC) No 3143/85 are effected in a Member              with effect from the day following that referred to in
State other than the Member State in which the offer has           paragraph 1 (c). Removal may be effected by instalments.
been lodged, the tendering security may be lodged with            3. The butter shall be handed over by the intervention
the competent authority designated by the Member State            agency in packages bearing, in clear and legible print, the
where the processing will take place and which shall issue        statement referred to in Article 3 (2) of Regulation (EEC)
to the tenderer the proof referred to in Article 2 (3) (d).        No 3143/85.
                           Article 4                              The butter shall remain in its original packaging until the
                                                                  start of the processing operations in accordance with
1 . Tenders shall be rejected if the price offered is lower       Article 4 of that Regulation.
than the minimum price fixed for the tendering
procedure.
                                                                                                Article 8
2.     Rights and obligations arising in connection with
the invitation to tender shall not be transferable.                1 . The applications to purchase referred to in Article
                                                                   1 (5) shall be, mutatis mutandis, submitted and
                           Article 5                               admissible under the conditions laid down in Article 2(1 ),
                                                                  (2) (a), (c), -(d) and (3) (a), (b) and (c).
1.      Each tenderer shall be notified by the intervention
                                                                   2.      The    contract   shall    be  concluded under     the
agency of the result of his participation in the tendering
procedure within the time limit referred to in the fourth          conditions referred to in Article 2 (4) of Regulation (EEC)
subparagraph of Article 2a (3) of Regulation (EEC) No              No 3143/85.
3143/85.
                                                                                                Article 9
2.     Where the tenderer has been declared successful
such notification shall indicate :
                                                                  The destination security referred to in Article 3 (1 ) shall
(a) the quantity of butter sold ;                                  be ECU 200 per 100 kilograms.
(b) the sum of the destination security ;
(c) the final date for processing into concentrated butter                                     Article 10
     of the quantity of butter contained in the tender and
     for its packing.                                              Regulation (EEC) No 3473/89 is hereby repealed.
                           Article 6                                                           Article 11
1.     The successful tenderer shall, before the removal of       This Regulation shall enter into force on the day of its
the butter and within the time limit of 15 days specified          publication in the Official Journal of the European
in Article 2a (6) of Regulation (EEC) No 3143/85, pay the          Communities.
 ---pagebreak--- 31 . 1 . 90                         Official Journal of the European Communities                          No L 27/7
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 30 January 1990.
                                                                          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
            Ireland                           Butter > 80           1 400                 150
            United Kingdom                    Butter > 80           1 400                 150
                                                         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,
                te ex 848302.