31974R0624

No L 76/ 6 Official Journal of the European Communities 21 . 3 . 74

REGULATION (EEC) No 624/74 OF THE COMMISSION of 19 March 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 Whereas the Management Committee for Beef and COMMUNITIES, Veal has not delivered an Opinion within the time limit set by its Chairman, Having regard to the Treaty establishing the European Economic Community ; HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 805/68 (') of 27 June 1968 on the common organiza­ tion of the market in beef and veal , as last amended Article 1 by Regulation (EEC) No 1 87/73 (2), and in particular Article 7 (3) thereof ; Approximately 12 700 metric tons of hindquarters of beef and veal bought-in by the German intervention Whereas the possibility of permanent intervention has agency under Article 6(1 ) of Regulation (EEC) No led to the build-up of certain stocks particularly in 805/ 68 , shall be sold . Germany ; it is therefore necessary to arrange for the sale of these stocks in order to free the cold stores ; Article 2 Whereas in the present market situation which is char­ The sale shall take place by tendering procedure as acterized by relatively low and unstable prices, it is not desirable to distribute the meat on the Commu­ provided for by Regulation (EEC) No 216/69, and in particular Articles 6 to 14 thereof, and by this Regula­ nity market, therefore it is necessary to link the sale to tion . an obligation to export the goods ;

Whereas under these conditions the release from Article 3 storage can be made according to Article 1 (2) (a) of Council Regulation (EEC) No 98 /69 (3) of 16 January 1 . By derogation from Article 1 3 (3) of Regulation 1969, laying down general rules for the disposal of (EEC) No 216/69 a tender is not valid unless accompa­ frozen beef and veal bought-in by the intervention nied by a written statement in which the tenderer agencies ; agrees to take out and to export the meat within twelve weeks of the day on which he is informed that Whereas for this purpose it appears necessary to make his tender has been accepted . arrangement for sale by tender in order to allow the release from storage in the most economical condi­ 2. By derogation from Article 13(2) of Regulation tions as laid down in Commission Regulation (EEC) (EEC) No 216/69 the price is paid pro rata on the No 21 6/69 (4) of 4 February 1969 on detailed rules for quantities withdrawn when the goods leave the ware­ the disposal of frozen beef and veal bought-in by the house and at the latest on the day preceding each intervention agencies ; whereas there is cause to make removal . 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 cable to the meat in question, in order to ensure its Article 4 export ; 1 . By way of derogation , from Article 10 ( 1 ) of Regu­ - Whereas, however, force majeure as defined by the lation (EEC) No 216/69, the deposit shall be 52 units Court of Justice of the European Communities in of account per 100 kg of the product. cases 4-68 (5) and 1 1 - 70 (6) may occur during the release from storage and export ; therefore in this case 2. In addition to the circumstances specified in the intervention agencies are allowed to take the neces­ Article 14(2) of Regulation (EEC) No 216/69 , the sary measures ; 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 . I3) OJ No L 14, 21 . 1 . 1969, p. 2. (4) OJ No L 28 , 5. 2. 1969, p. 10 . 3 . Proof of importation into a third country shall (5) Case-book 1968 , 549 . be provided in the same way as for the purposes of (6) Case-book 1970, 1125. export refunds.

21 . 3 . 74 Official Journal of the European Communities No L 76/7

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 21 March the circumstances invoked . 1974 .

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

Done at Brussels, 19 March 1974.

For the Commission

The President

Francois-Xavier ORTOLI