COMMISSION  REGULATION (EEC) No 2216/87
of 24 July 1987
on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of beef held by certain intervention agencies and intended for export, amending Regulation (EEC) No 1687/76 and repealing Regulation (EEC) No 1432/87
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 467/87 (2), and in particular Article 7 (3) thereof,
Whereas Commission Regulation (EEC) No 2539/84 of 5 September 1984 laying down detailed rules for certain sales of frozen beef held by the intervention agencies (3) has provided for the possibility of applying a two-stage procedure when selling beef from intervention stocks;
Whereas certain intervention agencies hold substantial stocks of boned intervention meat; whereas an extension of the period of storage for the meat bought in should be avoided on account of the ensuing high costs; whereas outlets exist in certain third countries for the products in question and it is appropriate therefore to offer this meat for sale in accordance with Commission Regulations (EEC) No 2539/84 and (EEC) No 2824/85 (4);
Whereas it is necessary to lay down a time limit for export of the said meat; whereas this time limit should be fixed in taking into account Article 5 (b) of Commission Regulation (EEC) No 2377/80 of 4 September 1980 on special detailed rules for the application for the system of import and export licences in the beef and veal sector (5), as last amended by Regulation (EEC) No 520/87 (6);
Whereas the export of meat sold under this Regulation must be guaranteed by the lodging of a security, the amount of which may differ from that provided for in Article 15 of Commission Regulation (EEC) No 2173/79 (7); whereas such security shall be released when proof, as required by Article 13 (4) of Commission Regulation (EEC) No 1687/76 (8), as last amended by Regulation (EEC) No 1432/87 (9), has been furnished within the time limit laid down in Article 31 of Commission Regulation (EEC) No 2730/79 (10), as last amended by Regulation (EEC) No 1180/87 (11);
Whereas it is appropriate to specify that, in view of the prices which have been fixed in the context of this sale in order to permit the disposal of certain cuts, exports of such cuts should not be eligible for the refunds periodically fixed in the beef and veal sector; whereas, for the same reason, footnote (7) to Part 3 of Annex I to Commission Regulation (EEC) No 1956/87 of 3 July 1987 fixing the monetary compensatory amounts applicable in the agricultural sector and certain coefficients and rates required for their application (12) should be applied;
Whereas Article 2 (1) of Commission Regulation (EEC) No 3155/85 of 11 November 1985 providing for the advance fixing of monetary compensatory amounts (13), as amended by Regulation (EEC) No 1002/86 (14) stipulates that monetary compensatory amounts may be fixed in advance only if the export refund is fixed in advance; whereas the absence of refunds for the meat in question means that this requirement cannot be met; whereas for the sake of impartiality it should in this instance be suspended so that advance fixing of the monetary compensatory amounts can be permitted;
Whereas products held by intervention agencies and intended for export are subject to the provisions of Regulation (EEC) No 1687/76; whereas, however, Annex I of the said Regulation setting out the entries to be made in control copies should be expanded;
Whereas Regulation (EEC) No 1432/87 should be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
1. Part of the stocks of boned intervention beef held by the intervention agencies of Denmark, France, Germany, Ireland and the United Kingdom shall be sold.
This meat shall be for export.
Subject to the provisions of this Regulation, the sale shall take place in accordance with the provisions of Regulations (EEC) No 2539/84 and (EEC) No 2824/85.
The provisions of Commission Regulation (EEC) No 985/81 (1) shall not apply to this sale.
2. The qualities and the minimum prices referred to in Article 3 (1) of Regulation (EEC) No 2539/84 are given in Annex I hereto.
3. Only those tenders shall be taken into consideration which reach the intervention agencies concerned no later than 12 noon on 27 July 1987.
4. Particulars relating to the quantities and the places where the products are stored may be obtained by interested parties at the addresses given in Annex II.
1. The time limit for taking over meat of two months set in Article 6 of Regulation (EEC) No 2539/84 is extended to three months.
2. The products specified in Article 1 must be exported within six months of the date on which they are taken over.
1. The security provided for in Article 5 of Regulation (EEC) No 2539/84 is hereby fixed at:
- 460 ECU per 100 kilograms of the meat referred to under 1 a), 2 a), 3 a), 4 a) and 5 a) in Annex I,
- 360 ECU per 100 kilograms of the meat referred to under 1 b), 2 b), 3 b), 4 b) and 5 b) in Annex I.
2. Without prejudice to Article 15 (2) and (3) of Regulation (EEC) No 2173/79 the security referred to in paragraph 1 shall be released when the proof provided for in Article 13 (4) of Regulation (EEC) No 1687/76 is furnished.
3. The said proof shall be furnished within the time limit laid down in Article 31 of Regulation (EEC) No 2730/79.
In the case of the meat referred under 1 b), 2 b), 3 b), 4 b) and 5 b) in Annex I:
(a) no export refund shall be granted,
(b) note (7) in Part 3 of Annex I to Regulation (EEC) No 1956/87 shall apply, and
(c) by way of derogation from Article 2 (1) of Regulation (EEC) No 3155/85 the monetary compensatory amount may be fixed in advance.
In cases where use is made of the option specified at (c):
- the application for advance fixing must be lodged at the same tme as the application for the export licence,
- the application for advance fixing must be accompanied by the contract of sale,
- the export licence may be used for intervention meat only,
- section 18 (a) of the export licence shall carry the following entry in one of the Community languages:
- Válido únicamente para carnes de intervención vendidas çon arreglo al Reglamento (CEE) no 2216/87
- Kun gyldig for interventionskoed solgt i henhold til forordning (EOEF) nr. 2216/87
- Nur gueltig fuer Interventionsfleisch - Verkauf gemaess der Verordnung (EWG) Nr. 2216/87
- Ischýei móno gia ta kréata parémvasis poy poloýntai vásei toy kanonismoý (EOK) arith. 2216/87
- Valid only for intervention meat sold under Regulation (EEC) No 2216/87
- Seulement valable pour des viandes d'intervention vendues sous règlement (CEE) no 2216/87
- Valido esclusivamente per carni di intervento vendute a norma del regolamento (CEE) n. 2216/87
- Uitsluitend geldig voor vlees uit de interventievoorraden - dat wordt verkocht in het kader van Verordening (EEG) nr. 2216/87
- Apenas válido para carne de intervenção vendida nos termos do Regulamento (CEE) no 2216/87.
Regulation (EEC) No 1687/76 is hereby amended as follows:
In Part I of the Annex, 'Products to be exported in the same state as that in which they were when removed from intervention stock', the following item and footnote are added:
'33. Commission Regulation (EEC) No 2216/87 of  24 July 1987 on the sale by procedure laid down in Regulation (EEC) No 2539/84 of beef held by certain intervention agencies and intended for export (33).
(33) OJ No L 204, 25. 7. 1987, p. 55.'
Regulation (EEC) No 1432/87 is hereby repealed.
This Regulation shall enter into force on 27 July 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.