CELEX: 31974R0441
Language: en
Date: 1974-02-22 00:00:00
Title: Regulation (EEC) No 441/74 of the Commission of 20 February 1974 on an invitation to tender for the sale for export of hindquarters of beef and veal held by the German intervention agency

22. 2. 74                               Official Journal of the European Communities                          No L 50/31
                            REGULATION (EEC) No 441/74 OF THE COMMISSION
                                                     of 20 February 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                                     cases 4-68 (5) and 1 1 -70 (6) may occur during the
COMMUNITIES,                                                       release from storage and export ; therefore in this case
                                                                   the intervention agencies are allowed to take the neces­
                                                                   sary measures ;
Having regard to the Treaty establishing the European
Economic Community ;                                               Whereas the measures provided for in this Regulation
                                                                   are in accordance with the Opinion of the Manage­
                                                                   ment Committee for Beef and Veal,
Having regard to Council Regulation (EEC) No
805/68 ( J) of 27 June 1968 on the common organiza­
tion of the market in beef and veal , as last amended
by Regulation (EEC) No 187/73 (2), and in particular               HAS ADOPTED THIS REGULATION :
Article 7 (3) thereof ;
                                                                                                Article 1
Whereas the possibility of permanent intervention has
led to the build-up of certain stocks particularly in              Hindquarters of beef and veal bought-in by the
Germany ; it is therefore necessary to arrange for the             German intervention agency under Article 6(1 ) of
sale of these stocks in order to free the cold stores ;            Regulation (EEC) No 805/68 , shall be sold.
Whereas in the present market situation which is char­                                          Article 2
acterized by relatively low and unstable prices, it is
not desirable to distribute the meat on the Commu­
                                                                   The sale shall take place by tendering procedure as
nity market, therefore it is necessary to link the sale to         provided for by Regulation (EEC) No 216/69, and in
an obligation to export the goods ;                                particular Articles 6 to 14 thereof, and by this Regula­
                                                                   tion .
Whereas under these conditions the release from
storage can be made according to Article 1 (2) (a) of                                           Article 3
Council Regulation (EEC) No 98 /69 (3) of 16 January
1969, laying down general rules for the disposal of                A tender shall not be valid unless accompanied by a
frozen beef and veal bought-in by the intervention                 written statement in which the tenderer undertakes to
agencies ;                                                         take out and to export the meat within eight weeks of
                                                                   the day on which he is informed that his tender has
Whereas for this purpose it appears necessary to make              been accepted.
arrangement for sale by tender in order to allow the
release from storage in the most economical condi­                                              Article 4
tions as laid down in Commission Regulation (EEC)
No 216/69 (4) of 4 February 1969 on detailed rules for              1 . By way of derogation from Article 10 ( 1 ) of Regu­
the disposal of frozen beef and veal bought-in by the              lation (EEC) No 216/69, the deposit shall be 52 units
intervention agencies ; whereas there is cause to make             of account per 100 kg of the product.
provision, in these circumstances, for a deposit of an
amount covering, besides the amount fixed in Article               2. In addition to the circumstances specified in
 10 of Regulation (EEC) No 216/69, the refund appli­               Article 14(2) of Regulation (EEC) No 216/69, the
cable to the meat in question, in order to ensure its              deposit shall be forfeit in respect of any quantities of
export ;                                                            meat in respect of which the successful tenderer does
                                                                    not provide proof of importation into a third country.
Whereas, however, force majeure as defined by the
 Court of Justice of the European Communities in                    3 . Proof of importation into a third country shall
                                                                    be provided in the same way as for the purposes of
(>) OJ No L 148, 28 . 6. 1968 , p . 24.                             export refunds.
(2) OJ No L 25, 30 . 1 . 1973, p. 23 .
 (3) OJ No L 14, 21 . 1 . 1969, p. 2.                               (5 ) Case-book 1968 , 549 .
 (4) OJ No L 28 , 5 . 2. 1969, p . 10 .                              6 Case-book 1970 , 1125 .
 ---pagebreak--- No L 50/32                      Official Journal of the European Communities                             22. 2. 74
                      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 25 February
the circumstances invoked .                                 1974 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 20 February 1974.
                                                                     For the Commission
                                                                         The President
                                                                    Frangois-Xavier ORTOLI