COMMISSION REGULATION (EC) No 2438/94 of 7 October 1994 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of beef held by certain intervention agencies and intended for processing within the Community and repealing Regulation  (EC) No 1491/94
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 1884/94 (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), as last amended by Regulation (EEC) No 1759/93 (4), 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 intervention meat; whereas an extension of the period of storage should be avoided on account of the ensuing high costs; whereas, in the present market situation, there are outlets for  such meat for processing in the Community;
Whereas with a view to securing a regular and uniform tendering procedure, measures should be taken in addition to those laid down in Regulation (EEC) No 2173/79 (5), as last amended by Regulation (EEC) No 1759/93;
Whereas, as specified in Article 5 of Regulation (EEC) No 2539/84, lodging of securities should be required;
Whereas such sales should be made in accordance with Commission Regulations (EEC) No 2539/84, (EEC) No 3002/92 (6), as last amended by Regulation (EC) No 1846/94 (7), and (EEC) No 2182/77 (8), 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Whereas Commission Regulation (EC) No 1491/94 (9) should be repealed;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. The following approximate quantities of beef shall be put up for sale for processing within the Community:
(a) bone-in hindquarters:
- 100 tonnes of bone-in beef held by the Irish intervention agency;
(b) bone-in forequarters:
- 20 tonnes of bone-in beef held by the Danish intervention agency;
(c) boneless beef:
- 6 000 tonnes of boneless beef held by the United Kingdom intervention agency and bought in before 1 June 1993,
- 1 005 tonnes of boneless beef held by the Italian intervention agency and bought in before 1 February 1993,
- 285 tonnes of boneless beef held by the Danish intervention agency and bought in before 1 September 1993,
- 8 000 tonnes of boneless beef held by the Irish intervention agency and bought in before 1 June 1993.
2. The intervention agencies referred to in paragraph 1 shall sell first the meat which has been stored the longest.
3. The sales shall be conducted in accordance with the provisions of Regulations (EEC) No 2539/84, (EEC) No 3002/92, (EEC) No 2182/77 and this Regulation.
4. The qualities and the minimum prices referred to in Article 3 (1) of Regulation (EEC) No 2539/84 are given in Annex I hereto.
5. Only those tenders shall be taken into consideration which reach the intervention agencies concerned no later than 12 noon on 19 October 1994.
6. 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.
7. 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 5.
1. Notwithstanding Article 3 (1) and (2) of Regulation (EEC) No 2182/77, the tender or application to purchase:
(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 or applications to purchase 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 5 (1) of Regulation (EEC) No 2539/84 shall be ECU 10 per 100 kilograms.
2. The security provided for in Article 5 (3) (a) of Regulation (EEC) No 2539/84 shall be:
- ECU 150 per 100 kilograms for bone-in hindquarters,
- ECU 100 per 100 kilograms for bone-in forequarters,
- ECU 140 per 100 kilograms for boneless meat.
For the purpose of this Regulation, 100 kilograms of bone-in hindquarters equals 64 kilograms of boneless meat after removal of the fillet and the striploin.
Regulation (EC) No 1491/94 is hereby repealed.
This Regulation shall enter into force on 19 October 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.