CELEX: 31989R2972
Language: en
Date: 1989-10-03 00:00:00
Title: Commission Regulation (EEC) No 2972/89 of 29 September 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

3 . 10. 89                                Official Journal of the European Communities                                No L 284/7
                                     COMMISSION REGULATION (EEC) No 2972/89
                                                       of 29 September 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 Regulation (EEC) No 804/68 of the                   Regulation (EEC) No 3143/85 are given in Annex I
Council of 27 June 1968 on the common organization of                hereto.
the market in milk and milk products ('), as last amended
by Regulation (EEC) No 763/89 (2), and in particular                 5. Only those tenders which reach the intervention
Article 6 (7) thereof,                                               agencies concerned not later than 12 noon on 9 October
                                                                     1989 and those applications for purchase submitted from
Whereas Article 2a of Commission Regulation (EEC) No                 the fifth working day following the above deadline , shall
3143/85 of 11 November 1985 on the sale at reduced                   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
— 400 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
— 500 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 ;
— 500 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
(2) OJ  No  L 84, 29. 3. 1989, p. 1 .
0   OJ  No  L 299, 12. 11 . 1985, p. 9.                                   quantity of butter stipulated in the tender for
 4) OJ  No  L 261 , 7. 9. 1989, p. 6.                                     processing into concentrated butter ;
 ---pagebreak--- No L 284/8                              Official Journal of the European Communities                                   3. 10. 89
(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
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--- 3. 10. 89                          Official Journal of the European Communities                            No L 284/9
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 29 September 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           400                   150
          Ireland                              Butter > 80            500                  150
          United Kingdom                       Butter > 80           500                   150
                                                          ANNEX II
          Addresses of the intervention agencies
          — Servicio Nacional de Productos Agrarios (SENPA),
              Calle Beneficencia 8, E-28004 Madrid ;
              telephone : (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 ;
              telephone : (35 31 ) 78 90 1 1 ,
              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
              telephone : (44) 734-58 36 26,
              telex : 848302.