CELEX: 31985R2121
Language: en
Date: 1985-07-29 00:00:00
Title: Commission Regulation (EEC) No 2121/85 of 29 July 1985 on the purchase by the Belgian intervention agency, and providing for the grant of a special aid by tender for the processing by heat treatment , of pigmeat stored under Regulations (EEC) No 772/85, (EEC) No 978/85 and (EEC) No 1477/85 bearing the Community health mark

No L 198/20                             Official Journal of the European Communities                              30 . 7. 85
                                  COMMISSION REGULATION (EEC) No 2121/85
                                                         of 29 July 1985
              on the purchase by the Belgian intervention agency, and providing for the grant
              of a special aid by tender for the processing by heat treatment, of pigmeat stored
              under Regulations (EEC) No 772/85, (EEC) No 978/85 and (EEC) No 1477/85
                                              bearing the national health mark
 THE COMMISSION OF THE EUROPEAN                                     proper manner so as to preserve its normal merchan­
 COMMUNITIES,                                                       table quality ;
 Having regard to the Treaty establishing the European             Whereas in view of the particular circumstances of this
 Economic Community,                                                intervention measure and the exceptional nature of the
                                                                    meat in question, an alternative method of disposal
 Having regard to Council Regulation (EEC) No                      should be foreseen ; whereas it is intended that storers
 2759/75 of 29 October 1975 on the common organi­                  should be granted a special aid if instead of offering
 zation of the market in pigmeat ('), as last amended by           their meat to the Belgian intervention agency they
 Regulation (EEC) No 2966/80 (2), and in particular                undertake to sell or otherwise dispose of their meat
 Article 20 thereof,
                                                                   subject to certain stringent obligations as regards the
 Having regard to Council Regulation (EEC) No                      storage, treatment and final disposal of the said meat ;
 2763/75 of 29 October 1975 laying down general rules
 for granting private storage aid for pigmeat (3), and in          Whereas, in order to ensure quality of treatment
 particular Article 3 thereof,                                     between storers and to fix the amount of the special
                                                                   aid it would be appropriate to have recourse to a
Whereas, in the light of the health situation in the               tendering procedure ;
 stockfarming sector in Belgium, provision is made in
 Commission Regulations (EEC) No 772/85 (4), as last               Whereas, to prevent the transmission of any further
                                                                   infection or contamination in other Member States
 amended by Regulation (EEC) No 978/85(0, (EEQ
 No 978/85 itself, as amended by Regulation (EEC) No               from meat emanating from the affected zones, it is not
 1086/85 (% and (EEC) No 1477/85 Q, as amended by                  intended that such meat should leave the territory of
 Regulation (EEC) No 1706/85 (8), for exceptional                  the Kingdom of Belgium,
support measures for the market in pigmeat in that
Member State ;                                                     Whereas the aforesaid meat can be identified by virtue
                                                                   of the national health mark which has been applied by
Whereas, the abovementioned measures provide inter                 the competent national services ;
 alia for the buying in of meat stored by the Belgium
intervention agency at the request of the interested               Whereas the Management Committee for Pigmeat has
party if the national health authorities decide that such          not delivered an opinion within the time limit set by
meat cannot be released for consumption until it has               its chairman,
undergone sufficient heat treatment and according to
the conditions provided for in the abovementioned
Regulations ;                                                      HAS ADOPTED THIS REGULATION :
Whereas, the national health authorities have so deter­
mined and that the Belgian intervention agency is
obliged to buy in such meat as is offered to it by inte­                                    TITLE I
rested parties and which has been stored pursuant to
the aforesaid Regulations ;
                                                                                    Intervention purchases
Whereas, the purchase prices provided for in Reg­
ulations (EEC) No 772/85, (EEC) No 978/85 and
(EEC) No 1477/85 are only applicable in so far as the                                      Article 1
meat in question has been stored and/or treated in a
                                                                   1 . The Belgian intervention agency shall buy,
(') OJ  No  L 282, 1 . 11 . 1975, p. 1 .                           subject to paragraphs 3 and 4, any meat stored
(2) OJ  No  L 307, 18 . 11 . 1980, p. 5.                           pursuant to Regulations (EEC) No 772/85, (EEC) No
0   OJ  No  L 282, 1 . 11 . 1975, p. 19.                           978/85 and (EEC) No 1477/85 and duly offered in
(<) OJ  No  L 86, 27. 3 . 1985, p. 20.                             accordance with the provisions of Article 4b of Regu­
0   OJ  No  L 105, 17. 4. 1985, p. 6.                              lation (EEC) No 772/85, Article 7 of Regulation (EEC)
(«) OJ  No  L 114, 27. 4. 1985, p. 36.
o   OJ  No  L 145, 4. 6. 1985, p. 17.                              No 978/85 and Article 7 of Regulation (EEC) No
(8) OJ  No  L 163, 22. 6. 1985, p. 36.                             1477/85.
 ---pagebreak---  30. 7. 85                            Official Journal of the European Communities                          No L 198/21
 2. In all cases the quantity of product purchased by            2.    The notice of invitation to tender shall be
 the Belgian intervention agency shall not exceed the            communicated to all storers of meat stored pursuant to
 quantity specified in the storage contract in question          Regulations (EEC) No 772/85, (EEC) No 978/85 and
 regardless of the quantities actually stored.                  (EEC) No 1477/85.
 3 . The quantities of meat which may be offered in             The Belgian intervention agency shall also publish the
 accordance with paragraphs 1 and 2 may be purchased             notice of invitation to tender in the Moniteur Beige
 only after the expiry of the storage contract, and only         and wherever else considered appropriate.
 if prevailing market conditions allow ; where it appears
 necessary, the storage contract may be prolonged in
 accordance with the procedure laid down in Article 24
 of Regulation (EEC) No 2759/75.                                                        Article 5
 4. The Belgian intervention agency shall buy meat
 properly offered in accordance with this Article no             1.    The time limit for submission of tenders shall
 later than 1 5 days after receipt of the offer for sale.       expire each last Tuesday of the month at 12 noon. If
                                                                that Tuesday falls on a public holiday, the time limit
                                                                shall be extended to the following working day at 12
                          Article 2                             noon .
 Any losses arising from poor or inappropriate hand­            With respect to the first individual invitation to
 ling, freezing or storing of the aforesaid meat and            tender, the time limit for the submission of tenders
 detected after purchase shall be borne by the storer.          shall expire on 6 August 1985 at 12 noon.
                                                                2. Tenders shall be submitted in writing by the
                          TITLE II                              storer to the intervention agency against acknowledg­
                                                                ment or by registered letter addressed to the interven­
                                                                tion agency. The intervention agency may allow a
                                                                tender to be submitted by telex.
                 Tender for special aid
                                                                3.     A tender shall not be valid unless it includes the
                          Article 3                             following particulars :
 1.    Special aid may be granted for any meat not              (a) the name and address of the tenderer and, if appro­
offered for sale in accordance with Article 1 which                  priate, of the processor ;
could have been so offered and which bears the
                                                                (b) the week of the conclusion of the storage contract
national health mark.
                                                                     for the product in question ;
2. The amount of the special aid shall be fixed by              (c) the level of aid proposed, expressed per tonne of
means of a monthly invitation to tender.                            product in ECU ;
                                                                (d) the quantity of meat to which the aid relates and
3. The granting of the special aid shall be subject to              which is to be treated within the time limit laid
the successful tenderer complying with the obligations              down in Article 10 (1 ) and which in any event
listed in Article 10 in relation to the storage, treatment          shall not exceed the quantity specified in the
and disposal of the said meat.                                      storage contract ;
                                                                (e) a statement by the tenderer accepting responsibility
                          Article 4                                 in respect of any latent defect in the product not
                                                                    visible on inspection, arising from inappropriate
                                                                    handling, freezing or storage methods ;
 1 . The Belgian intervention agency shall draw up a
notice of invitation to tender stating in particular :          (f) an undertaking to either store, treat and dispose of,
                                                                    pursuant to Article 10 and within the time limit
(a) the time limit and place for the submission of                  laid down in Article 10 ( 1 ), the quantity of product
     tenders ;                                                      specified in his tender or to ensure that such
(b) the formalities regarding provision of the security             storage, treatment and disposal as laid down in
     for tender and treatment and the obligations                   Article 10 takes place.
     regarding storage, treatment and disposal ;
(c) where appropriate a statement that tenders may be           4.     The quantity referred to in (d) may not be less
     submitted by telex.                                        than four tonnes.
 ---pagebreak--- No L 198 /22                         Official Journal of the European Communities                                30 . 7. 85
5.     A tender shall further not be valid unless the          (b) the expiry of the time limit for the treatment of
following conditions are met :                                      the quantity of product stated in the tender ;
(a) proof must be supplied that before the expiry of           (c) the particulars specified in Article 5 (3) (c) and (d).
     the time limit for the submission of tenders, in
     response to the individual invitation to tender in                                  TITLE III
     question, the tenderer has lodged the security for
     the tender and treatment referred to in Article 6 ;
                                                               Treatment of meat for which special aid will be
(b) it must not contain any conditions and/or reserva­                                   granted
     tions that are not expressly authorized.
6.     A tender may not be withdrawn.                                                   Article 10
                                                                1 . Within five months from the date of forwarding
                         Article 6                             of the information to the tenderer specified in Article
                                                               9 the successful tenderer shall either himself treat or
1.     The security for tender and treatment shall be          else ensure that treatment is carried out on the quan­
100 ECU per tonne.                                             tity of meat specified in the tender and further that the
                                                               obligations as regards storage and disposal listed below
2. The security shall be lodged at the option of the           are respected.
tenderer, in cash or in the form of a guarantee
provided by an establishment meeting the criteria              2.     The obligations incumbent upon the successful
fixed by the Belgian intervention agency, who may              tenderer shall be as follows :
equally accept a banker's cheque as security.                  The tenderer shall himself process and dispose, or if
                                                               the meat is sold to a third p"arty shall ensure that the
                         Article 7                             third party processes and disposes, of the meat in the
                                                               following fashion :
In accordance with the procedure laid down in Article          (a) the meat shall undergo treatment as specified in
24 of Regulation (EEC) No 2759/75, a maximum                        the Annex hereto ;
amount of aid, expressed per tonne of product, shall           (b) the meat shall be stored, transported and processed
be fixed for veterinary services It may also be decided             separately from all other meat and meat products ;
under the abovementioned procedure to make no                       such activities shall, in any event, comply with the
award.
                                                                    rules of the competent Belgian services governing
                                                                    the disposal of this meat and shall take place
                         Article 8                                  within the territory of the Kingdom of Belgium ;
                                                               (c) all waste products shall be collected and destroyed
1.     A tender shall be refused if the level of aid                under the supervision specified in Article 10 (4).
proposed is above the maximum amount fixed for the
                                                               3.     The successful tenderer further undertaken to
individual invitation to tender in question.
                                                               ensure that the final products from the meat for which
2. Without prejudice to the provisions of paragraph            a special aid is granted will not leave the territory of
1 , the successful tenderers shall be those who propose        the Kingdom of Belgium, irrespective of whether or
a level of aid below or equal to the maximum amount            not he himself processes and disposes of the meat.
of aid fixed.
                                                               4. The control of the obligations listed in paragraph
3. The right of a storer/tenderer to offer meat for            2 shall include a permanent control on site of the
sale in accordance with Article 1 expires upon his             treatment and processing of the meat for which a
being adjudged successful in accordance with para­             special aid is granted. This control will be carried out
graph 2 of this Article for that quantity of meat.             by the Belgian veterinary services without prejudice to
                                                               any further controls provided for by national legisla­
                                                               tion.
                         Article 9
                                                               5. If meat for which a special aid may be granted is
1.     Each tenderer shall be informed without delay by        subject to a storage contract at the time that a
                                                               successful bid is notified to the tenderer in accordance
the intervention agency, by registered letter, of the
outcome of his tender.                                         with Article 9 then a curtailment of the storage
                                                               contract may be agreed between the Belgian interven­
2.     If the tenderer is successful he shall be informed      tion agency and the tenderer.
of the following :
                                                                If the storage contract is so curtailed, the amount of
(a) the expiry of the time limit for the submission of          aid payable shall be reduced in accordance with the
     tenders in response to the individual invitation to        tables appearing in the Annexes to Regulations (EEC)
     tender in question ;                                       No 772/85, (EEC) No 978/85 or (EEC) No 1477/85.
 ---pagebreak--- 30 . 7. 85                         Official Journal of the European Communities                           No L 198/23
                        TITLE IV                             (a) the tender was not accepted ; or
                                                             (b) a certificate as referred to in Article 11 (1 ) has been
                  General provisions                             issued.
                        Article 11
                                                             2. In the case of any failure to comply with any
1 . After checking that the processing of the meat           obligation incumbent upon a successful tenderer
subject to a special aid has been effected in accordance     under this Regulation, the Belgian intervention agency
with this Regulation the Belgian veterinary services         shall declare the security totally or partially forfeit
shall issue to the person concerned a certificate speci­     depending on the seriousness of the breach involved.
fying the quantity of meat that has been properly
processed and treated.
                                                             All such cases where the preceding subparagraph is
2. Payment of the special aid shall be made on               applied shall be notified to the Commission giving full
presentation of the certificate referred to in paragraph     details of the circumstances involved and the action
1 to the Belgian intervention agency. The payment            taken.
shall be made pro rata according to the quantity speci­
fied in the said certificate .
                        Article 12                                                    Article 13
1.    Save in cases of force majeure the security for
tender and treatment referred to in Article 6 shall be       This Regulation shall enter into force on the day of its
released only for that quantity of meat in respect of        publication in the Official Journal of the European
which :                                                      Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 July 1985.
                                                                       For the Commission
                                                                        Frans ANDRIESSEN
                                                                           Vice-President
 ---pagebreak--- No L 198/24                        Official Journal of the European Communities                                  30 . 7. 85
                                                         ANNEX
          Obligations on the disposal of the meat stored pursuant to Regulations (EEC) No 772/85,
                   (EEC) No 978/85 and (EEC) No 1477/85 bearing the national health mark
          The pigmeat shall be fully deboned and the major lymphatic nodes removed.
          The portion of pigmeat for heat treatment shall not exceed 5 kilograms in weight.
          Before heating, each portion of the meat mentioned above shall be enclosed in a hermetically sealed
          container.
          The meat in its container shall be subjected to a heat treatment according to the following criteria :
          — the product shall retain a temperature of a least 60 ° C for a minimum of four hours during which
              time the temperature shall be raised to at least 70 °C for a minimum of 30 minutes,
          — the temperature of a representative number of samples of each batch of the product shall be
              monitored continuously by means of an automatic temperature recording device which records
              the temperature in the centre of the product and in the interior of the heating apparatus.
          At all times during its processing, measures shall be taken to prevent any possible recontamination.