COMMISSION  REGULATION (EC) No 1181/95 of 24 May 1995 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 561/95
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 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 (EEC) No 1938/93  (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Whereas Commission Regulation (EC) No 561/95  (9) should be repealed;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:
-  two tonnes of bone-in beef held by the Danish intervention agency;
(b)  boneless beef:
-  5  705 tonnes of boneless beef held by the United Kingdom intervention agency,
-  three tonnes of boneless beef held by the Danish intervention agency,
-  5  406 tonnes of boneless beef held by the Irish intervention agency.
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 7 June 1995.
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 12 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 170 per 100 kilograms for boneless meat.
The guarantee for fillets, however, shall be ECU 3  000 per tonne.
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 561/95 is hereby repealed.
This Regulation shall enter into force on 7 June 1995.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.