COMMISSION REGULATION (EC) No 359/94 of 17 February 1994 on the sale by tender of beef held by certain intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic 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 (EEC) No 3611/93 (2), and in particular Article 7 (3) thereof,
Whereas the application of intervention measures in respect of beef has created large 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 Regulation (EEC) No 2173/79 (3), as last amended by Regulation (EEC) No 1759/93 (4), subject to certain special exceptions which are necessary;
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 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 15 tonnes of bone-in beef held by the Irish intervention agency, and bought in before 1 January 1991,
- approximately 160 tonnes of boneless beef held by the Irish intervention agency, bought in before 1 January 1991,
- approximately 1 000 tonnes of boneless beef held by the Italian intervention agency and bought in before 1 March 1992.
- approximately 1 000 tonnes of boneless beef held by the French intervention agency and bought in before 1 February 1993.
Detailed information concerning quantities is given in Annex I.
2. The products referred to in paragraph 1 shall be sold in accordance with Regulation (EEC) No 2173/79, and in particular Articles 6 to 12 thereof, and this Regulation.
1. The deadlines for submitting tenders, which must be made out in ecus, shall be 12 noon on 22 February 1994.
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. 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.
After the offers received in respect of the invitation to tender have been examined a minimum selling price shall be fixed for each product or the sale will not be proceeded with.
Notwithstanding Article 15 (1) of Regulation (EEC) No 2173/79 the security shall be ECU 100 per tonne.
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.