COMMISSION REGULATION (EC) No 1035/95 of 8 May 1995  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 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 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 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 2 tonnes of bone-in beef held by the Danish intervention agency, and bought in  after 1 January 1992,
-  approximately 2  000 tonnes of boneless beef held by the Irish intervention agency, and bought  in after 1 January 1992,
-  approximately 969 tonnes of boneless beef held by the Italian intervention agency, and bought in  after 1 January 1992,
-  approximately 2  000 tonnes of boneless beef held by the United Kingdom intervention agency, and  bought in after 1 January 1992,
-  approximately 61 tonnes of boneless beef held by the Danish intervention agency, and bought in  after 1 January 1992.
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 17 May 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.  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.
Notwithstanding Article 15 (1) of Regulation (EEC) No 2173/79 the security shall be ECU  120 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.