CELEX: 31989R3294
Language: en
Date: 1989-11-01 00:00:00
Title: Commission Regulation (EEC) No 3294/89 of 30 October 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 320/40                            Official Journal of the European Communities                                  1 . 11 . 89
                                    COMMISSION REGULATION (EEC) No 3294/89
                                                    of 30 October 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 die 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
27 June 1968 on the common organization of the market            hereto.
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 7
                                                                 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 measures provided for in this Regulation are         receipt, or by any written means of telecommunication.
in accordance with the opinion of the Management
Committee for Milk and Milk Products,                            2.     Tenders shall state :
                                                                 (a) the name and address of the tenderer ;
HAS ADOPTED THIS REGULATION :
                                                                 (b) the price offered per 100 kilograms of butter having
                                                                      the fat content required, exclusive of internal taxes, ex
                                                                      coldstore, expressed in the currency of the Member
                         Article 1
                                                                      State on whose territory the butter is stored ;
                                                                 (c) the quantity of butter applied for, stating its fat
                                                                      content ;
1 . The following quantities of intervention butter
intended for direct consumption in the form of concen­           (d) the establishment where the total quantity of butter is
trated butter shall be put up for sale in two stages                  to be concentrated and packed in accordance with
pursuant to Article 2a of Regulation (EEC) No 3143/85 :               Articles 4 and 5 of Regulation (EEC) No 3143/85 and,
                                                                      where appropriate, the establishment where the total
— 260 tonnes held by the Spanish intervention agency                  quantity of concentrated butter is to be packed for
     and taken into storage before 1 June 1987,                       marketing. However, with the agreement of the
— 570 tonnes held by the Irish intervention agency and                competent agency, the total quantity of concentrated
     taken into storage before 1 June 1987,                           butter may be packed for marketing in an
                                                                      establishment other than that indicated in the tender ;
— 570 tonnes held by the United Kingdom intervention
     agency and taken into storage before 1 June 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
(*) 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
¥) OJ No L 261 , 7. 9. 1989, p. 6.                                    processing into concentrated butter ;
 ---pagebreak---  1 . 11 . 89                             Official Journal of the European Communities                                  No L 320/41
(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 tracers 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
                                                                   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              t
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 320/42                           Official Journal of the European Communities                         1 . 11 . 89
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 30 October 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
            Spain                              Butter > 82           260                   150
            Ireland                            Butter > 80           570                   150
            United Kingdom                     Butter > 80           570                   150
                                                          ANNEX II
            Addresses of the intervention agencies
            — Servicio Nacional de Productos Agrarios (SENPA),
                Calle Benehcencia 8, E-28004 Madrid :
                tel. (341)522 29 61 ,
                telex 41818 SENPA E,
                telefax 521 98 32 ;
            — Department of Agriculture and Food, Dairying (Trade) Division,
                Agriculture House,
                Kildare Street,
                IRL-Dublin 2 :
                tel . (35 31)78 90 11 ,
                telex 93 607 agri-ei,
                telefax 616 263 ;
            — 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.