31974R0472

No L 56/20 Official Journal of the European Communities 27. 2. 74

REGULATION (EEC) No 472/74 OF THE COMMISSION of 26 February 1974 on an invitation to tender for the sale for export of hindquarters of beef and veal held by the Irish intervention agency

THE COMMISSION OF THE EUROPEAN release from storage and export ; therefore in this case COMMUNITIES , 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 ;

Whereas the possibility of permanent intervention has Article 1 led to the build-up of certain stocks particularly in Ireland ; it is therefore necessary to arrange for the sale of these stocks in order to free the cold stores ; Hindquarters of beef and veal bought-in by the Irish intervention agency under Article 6 ( 1 ) of Regulation (EEC) No 805/68, shall be sold. Whereas in the present market situation which is char­ acterized by relatively low and unstable prices, it is not desirable to distribute the meat on the Commu­ Article 2 nity market, therefore it is necessary to link the sale to an obligation to export the goods ; The sale shall take place by tendering procedure as provided for by Regulation (EEC) No 216/69, and in Whereas under these conditions the release from particular Articles 6 to 14 thereof, and by this Regula­ storage can be made according to Article 1 (2) (a) of tion . Council Regulation (EEC) No 98 /69 (3) of 16 January 1969, laying down general rules for the disposal of frozen beef and veal bought-in by the intervention Article 3 agencies ;

A tender shall not be valid unless accompanied by a Whereas for this purpose it appears necessary to make written statement in which the tenderer undertakes to arrangement for sale by tender in order to allow the take out and to export the meat within eight weeks of release from storage in the most economical condi­ the day on which he is informed that his tender has tions as laid down in Commission Regulation (EEC) been accepted. No 21 6/69 (4) of 4 February 1969 on detailed rules for the disposal of frozen beef and veal bought-in by the intervention agencies ; whereas there is cause to make Article 4 provision , in these circumstances, for a deposit of an amount covering, besides the amount fixed in Article 10 of Regulation (EEC) No 216/69, the refund appli­ 1 . By way of derogation from Article 10 (1 ) of Regu­ cable to the meat in question, in order to ensure its lation (EEC) No 216/69, the deposit shall be 52 units export ; of account per 100 kg of the product.

Whereas, however, force majeure as defined by the 2. In addition to the circumstances specified in Court of Justice of the European Communities in Article 14 (2) of Regulation (EEC) No 216/69, the cases 4-68 (5 ) and 1 1 -70 (6) may occur during the deposit shall be forfeit in respect of any quantities of meat in respect of which the successful tenderer does (') OJ No L 148 , 28 . 6 . 1968 , p. 24. not provide proof of importation into a third country. (2) OJ No L 25, 30 . 1 . 1973, p. 23 . P) OJ No L 14, 21 . 1 . 1969 , p . 2. 3 . Proof of importation into a third country shall (4) OJ No L 28 , 5 . 2. 1969, p . 10. (5 ) Case-book 1968 , 549 . be provided in the same way as for the purposes of (6) Case-book 1970 , 1125 . export refunds.

27. 2 . 74 Official Journal of the European Communities No L 56/21

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 4 March the circumstances invoked . 1974 .

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

Done at Brussels, 26 February 1974. For the Commission The President

Francois-Xavier ORTOLI