CELEX: 31974R0624
Language: en
Date: 1974-03-21 00:00:00
Title: Regulation (EEC) No 624/74 of the Commission of 19 March 1974 on an invitation to tender for the sale for export of hindquarters of beef and veal held by the German intervention agency

No L 76/ 6                           Official Journal of the European Communities                               21 . 3 . 74
                              REGULATION (EEC) No 624/74 OF THE COMMISSION
                                                       of 19 March 1974
                 on an invitation to tender for the sale for export of hindquarters of beef and veal
                                         held by the German intervention agency
   THE COMMISSION OF THE EUROPEAN                                 Whereas the Management Committee for Beef and
   COMMUNITIES,                                                   Veal has not delivered an Opinion within the time
                                                                  limit set by its Chairman,
   Having regard to the Treaty establishing the European
   Economic Community ;
                                                                   HAS ADOPTED THIS REGULATION :
   Having regard to Council Regulation (EEC) No
   805/68 (') of 27 June 1968 on the common organiza­
   tion of the market in beef and veal, as last amended                                     Article 1
   by Regulation (EEC) No 1 87/73 (2), and in particular
   Article 7 (3) thereof ;                                        Approximately 12 700 metric tons of hindquarters of
                                                                  beef and veal bought-in by the German intervention
  Whereas the possibility of permanent intervention has           agency under Article 6(1 ) of Regulation (EEC) No
   led to the build-up of certain stocks particularly in          805/ 68 , shall be sold .
   Germany ; it is therefore necessary to arrange for the
   sale of these stocks in order to free the cold stores ;
                                                                                            Article 2
  Whereas in the present market situation which is char­
   acterized by relatively low and unstable prices, it is         The sale shall take place by tendering procedure as
   not desirable to distribute the meat on the Commu­             provided for by Regulation (EEC) No 216/69, and in
   nity market, therefore it is necessary to link the sale to     particular Articles 6 to 14 thereof, and by this Regula­
                                                                  tion .
   an obligation to export the goods ;
  Whereas under these conditions the release from                                           Article 3
  storage can be made according to Article 1 (2) (a) of
   Council Regulation (EEC) No 98 /69 (3) of 16 January            1 . By derogation from Article 1 3 (3) of Regulation
   1969, laying down general rules for the disposal of            (EEC) No 216/69 a tender is not valid unless accompa­
   frozen beef and veal bought-in by the intervention             nied by a written statement in which the tenderer
  agencies ;                                                      agrees to take out and to export the meat within
                                                                  twelve weeks of the day on which he is informed that
  Whereas for this purpose it appears necessary to make           his tender has been accepted .
  arrangement for sale by tender in order to allow the
  release from storage in the most economical condi­              2. By derogation from Article 13(2) of Regulation
  tions as laid down in Commission Regulation (EEC)               (EEC) No 216/69 the price is paid pro rata on the
  No 21 6/69 (4) of 4 February 1969 on detailed rules for         quantities withdrawn when the goods leave the ware­
  the disposal of frozen beef and veal bought-in by the           house and at the latest on the day preceding each
  intervention agencies ; whereas there is cause to make          removal .
  provision , in these circumstances, for a deposit of an
  amount covering, besides the amount fixed in Article
   10 of Regulation (EEC) No 216/69, the refund appli­
  cable to the meat in question, in order to ensure its                                     Article 4
  export ;
                                                                   1 . By way of derogation , from Article 10 ( 1 ) of Regu­
- Whereas, however, force majeure as defined by the               lation (EEC) No 216/69, the deposit shall be 52 units
  Court of Justice of the European Communities in                 of account per 100 kg of the product.
  cases 4-68 (5) and 1 1 - 70 (6) may occur during the
  release from storage and export ; therefore in this case        2.     In addition to the circumstances specified in
  the intervention agencies are allowed to take the neces­        Article 14(2) of Regulation (EEC) No 216/69 , the
  sary measures ;                                                 deposit shall be forfeit in respect of any quantities of
                                                                  meat in respect of which the successful tenderer does
  (•) OJ No L 148, 28 . 6. 1968, p. 24.                           not provide proof of importation into a third country.
  (2) OJ No L 25, 30 . 1 . 1973, p. 23.
  I3) OJ No L 14, 21 . 1 . 1969, p. 2.                            3 . Proof of importation into a third country shall
  (4) OJ No L 28 , 5. 2. 1969, p. 10 .
  (5) Case-book 1968 , 549 .                                      be provided in the same way as for the purposes of
  (6) Case-book 1970, 1125.                                       export refunds.
 ---pagebreak--- 21 . 3 . 74                     Official Journal of the European Communities                            No L 76/7
                      Article 5                             The intervention agencies shall inform the Commis­
                                                            sion of each case of force majeure and of the measures
No refund shall be granted in respect of meat               taken in respect of it.
exported pursuant to this Regulation .
                      Article 6
                                                                                    Article 7
In case of force majeure, the intervention agencies
shall adopt the measures which appear warranted by          This Regulation shall enter into force on 21 March
the circumstances invoked .                                 1974 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 19 March 1974.
                                                                     For the Commission
                                                                         The President
                                                                    Francois-Xavier ORTOLI