COMMISSION REGULATION (EC) No 813/95 of 11 April 1995 on the sale by tender of beef held by certain  intervention agencies and intended for processing within the Community
THE  COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of  the market in beef and veal  (1), as last amended by Regulation (EC) No 424/95  (2), and in  particular Article 7 (3) thereof,
Whereas the application of intervention measures in respect of beef has created stocks in several  Member States; whereas, in order to prevent an excessive prolongation of storage, part of these  stocks should be sold by tender;
Whereas the sale should be made subject to the rules laid down by Commission Regulations (EEC) No  2173/79  (3), as last amended by Regulation (EEC) No 1759/93  (4), (EEC) No 3002/92  (5), as last  amended by Regulation (EEC) No 1938/93  (6) and (EEC) No 2182/77  (7), as last amended by  Regulation (EEC) No 1759/93, subject to certain special exceptions on account of the particular use  to which the products in question are to be put;
Whereas with a view to securing a regular and uniform tendering procedure, measures should be taken  in addition to those laid down in Article 8 (1) of Regulation (EEC) No 2173/79; whereas these  measures must be applied as quickly as possible;
Whereas it seems appropriate to provide for derogations from provisions of Article 8 (2) (b) of  Regulation (EEC) No 2173/79, taking into account the administrative difficulties which the  application of this subparagraph raises in the Member States concerned;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Beef and Veal,
1.  The sale shall take place of:
-  approximately 13 tonnes of boneless beef held by the Irish intervention agency and bought in  before 1  November 1993,
-  approximately 59 tonnes of boneless beef held by the Danish intervention agency, and bought in  before 1  September 1993,
-  approximately 1  167 tonnes of boneless beef held by the Italian intervention agency, and bought  in before 1 February 1993,
-  approximately 340 tonnes of boneless beef held by the United Kingdom intervention agency, and  bought in before 1 January 1992.
Detailed information concerning quantities is given in Annex I.
2.  Subject to the provisions of this Regulation the products referred to in paragraph 1 shall be  sold in accordance with Regulations (EEC) No 2173/79, in particular Articles 6 to 12 thereof, (EEC)  No 2182/77 and (EEC) No 3002/92.
1.  The deadlines for submitting tenders, which must be made out in ecus, shall be 12  noon on 19 April 1995.
The intervention agencies concerned shall draw up a notice of invitation to tender which shall  include the following:
(a)  the quantities of beef offered for sale; and (b)  the deadline and place for submitting tenders.
2.  For each product mentioned in Annex I the intervention agencies concerned shall sell first the  meat which has been stored the longest.
3.  Notwithstanding Articles 6 and 7 of Regulation (EEC) No 2173/79, the provisions of and the  Annexes to this Regulation shall serve as a general notice of invitation to tender.
4.  Interested parties may obtain the details of the quantities available and the places where the  products are stored from the addresses listed in Annex II to this Regulation. The intervention  agencies will, moreover, display the notice referred to in paragraph 1 at their head office and may  also publish them elsewhere.
5.  By way of derogation from Article 8 (1) of Regulation (EEC) No 2173/79 a tender must be  submitted to the intervention agency concerned in a closed envelope, bearing the reference to the  Regulation concerned. The closed envelope must not be opened by the intervention agency before the  expiry of the tender deadline referred to in paragraph 1.
6.  By way of derogation from Article 8 (2) (b) of Regulation (EEC) No 2173/79, tenders shall not  indicate in which cold store or stores the products are held.
1.  Member states shall provide information on the offers received to the Commission at  the latest on the day following the deadline for submitting tenders.
2.  After the offers received have been examined a minimum selling price shall be fixed for each  product or the sale will not be proceeded with.
1.  Notwithstanding Article 3 (1) and (2) of Regulation (EEC) No 2182/77, the tender (a)  shall be valid only if presented by a natural or legal person who, for at least 12 months, has  been engaged in the processing of products containing beef and who is entered in a public register  of a Member State;
(b)  must be accompanied by:
-  a written undertaking by the applicant to process the meat purchased into products specified in  Article 1 (1) of Regulation (EEC) No 2182/77 within the period referred to in Article 5 (1) of the  abovementioned Regulation,
-  a precise indication of the establishment or establishments where the meat which has been  purchased will be processed.
2.  The applicants referred to in paragraph 1 may instruct an agent to take delivery, on their  behalf, of the products which they purchase. In this case the agent shall submit the tenders of the  purchasers whom he represents.
3.  The purchasers and agents referred to in the foregoing paragraphs shall maintain and keep up to  date an accounting system which permits the destination and use of the products to be ascertained  with a view particularly to checking to ensure that the quantities of products purchased and  manufactured tally.
1.  The security provided for in Article 15 (1) of Regulation (EEC) No 2173/79 shall be  ECU 12 per 100 kilograms.
2.  The security provided for in Article 4 (1) of Regulation (EEC) No 2182/77 shall be:
-  ECU 300 per 100 kilograms for boneless meat referred to under (a) in Annex I.
-  ECU 170 per 100 kilograms for boneless meat referred to under (b) in Annex I.
This Regulation shall enter into force on the day of its publication in the Official  Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.