31974R0441

22. 2 . 74 Official Journal of the European Communities No L 50 / 31

REGULATION (EEC) No 441 /74 OF THE COMMISSION of 20 February 1974 on an invitation to tender for the sale for export of hindquarters of beef and veal held by the German intervention agency

THE COMMISSION OF THE EUROPEAN cases 4-68 (5) and 1 1 -70 (6) may occur during the COMMUNITIES , release from storage and export ; therefore in this case the intervention agencies are allowed to take the neces­ sary measures ; Having regard to the Treaty establishing the European Economic Community ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ ment Committee for Beef and Veal, Having regard to Council Regulation (EEC) No 805/68 ( J) of 27 June 1968 on the common organiza­ tion of the market in beef and veal , as last amended by Regulation (EEC) No 187/73 (2), and in particular HAS ADOPTED THIS REGULATION : Article 7 (3) thereof ;

Article 1 Whereas the possibility of permanent intervention has led to the build-up of certain stocks particularly in Hindquarters of beef and veal bought-in by the Germany ; it is therefore necessary to arrange for the German intervention agency under Article 6(1 ) of sale of these stocks in order to free the cold stores ; Regulation (EEC) No 805/68 , shall be sold.

Whereas in the present market situation which is char­ Article 2 acterized by relatively low and unstable prices, it is not desirable to distribute the meat on the Commu­ The sale shall take place by tendering procedure as nity market, therefore it is necessary to link the sale to provided for by Regulation (EEC) No 216/69, and in an obligation to export the goods ; particular Articles 6 to 14 thereof, and by this Regula­ tion . Whereas under these conditions the release from storage can be made according to Article 1 (2) (a) of Article 3 Council Regulation (EEC) No 98 / 69 (3) of 16 January 1969, laying down general rules for the disposal of A tender shall not be valid unless accompanied by a frozen beef and veal bought-in by the intervention written statement in which the tenderer undertakes to agencies ; take out and to export the meat within eight weeks of the day on which he is informed that his tender has been accepted. Whereas for this purpose it appears necessary to make arrangement for sale by tender in order to allow the release from storage in the most economical condi­ Article 4 tions as laid down in Commission Regulation (EEC) No 216/69 (4) of 4 February 1969 on detailed rules for 1 . By way of derogation from Article 10 ( 1 ) of Regu­ the disposal of frozen beef and veal bought-in by the lation (EEC) No 216/ 69 , the deposit shall be 52 units intervention agencies ; whereas there is cause to make of account per 100 kg of the product. provision, in these circumstances, for a deposit of an amount covering, besides the amount fixed in Article 2. In addition to the circumstances specified in 10 of Regulation (EEC) No 216/69, the refund appli­ Article 14(2) of Regulation (EEC) No 216/69, the cable to the meat in question, in order to ensure its deposit shall be forfeit in respect of any quantities of export ; meat in respect of which the successful tenderer does not provide proof of importation into a third country. Whereas, however, force majeure as defined by the 3 . Proof of importation into a third country shall Court of Justice of the European Communities in be provided in the same way as for the purposes of export refunds. (>) OJ No L 148, 28 . 6. 1968 , p . 24. (2) OJ No L 25, 30 . 1 . 1973, p. 23 . (3) OJ No L 14, 21 . 1 . 1969, p. 2. (5 ) Case-book 1968 , 549 . (4) OJ No L 28 , 5 . 2. 1969, p . 10 . 6 Case-book 1970 , 1125 .

No L 50/32 Official Journal of the European Communities 22 . 2 . 74

Article 5 The intervention agencies shall inform the Commis­ sion of each case of force majeure and of the measures No refund shall be granted in respect of meat taken in respect of it. exported pursuant to this Regulation .

Article 6 Article 7 In case of force majeure, the intervention agencies shall adopt the measures which appear warranted by This Regulation shall enter into force on 25 February the circumstances invoked . 1974 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 20 February 1974. For the Commission

The President Frangois-Xavier ORTOLI