31974R0873

No L 101 / 50 Official Journal of the European Communities 11 . 4 . 74

REGULATION ( EEC) No 873 / 74 OF THE COMMISSION

of 8 April 1974

on an invitation to tender for the sale for processing of forequarters of beef held by the German intervention agency

THE COMMISSION OF THE EUROPEAN Whereas , however, force majeure may occur during COMMUNITIES, the release from storage and processing ; therefore in this case the intervention agencies are allowed to take the necessary measures ;

Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation Economic Community ; are in accordance with the Opinion of the Manage­ ment Committee for Beef and Veal ,

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 HAS ADOPTED THIS REGULATION : by Regulation ( EEC) No 1 87/ 73 (2 ), and in particular Article 7 ( 3 ) thereof ;

Article1¶

Whereas the possibility of permanent intervention has Approximately 4 000 metric tons of forequarters of led to the build-up of certain stocks particularly in beef bought-in by the German intervention agency Germany ; it is therefore necessary to arrange for the sale of these stocks in order to free the cold stores ; under Article 6 ( 1 ) of 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 for direct The sale shall take place by tendering procedure as consumption ; whereas certain possibilities to distri­ provided for by Regulation ( EEC) No 216 / 69 , and in bute the meat to the processing industry exist ; particular Articles 6 to 14 thereof, and by this Regula­ tion .

Whereas the conditions of release from storage according to Article 1 (2) (a) of Council Regulation Article 3 (EEC) No 98 / 69 (3 ) of 16 January 1969 , laying down general rules for the disposal of frozen beef and veal A tender shall not be valid unless bought-in by the intervention agencies are fulfilled ;

(a) accompanied by a written statement in which the tenderer agrees that the meat he has been allotted Whereas it appears necessary to make arrangement for shall be processed within four months of the day sale by tender in order to allow the release from on which he is informed that his tender has been storage in the most economical conditions as laid accepted , and down in Commission Regulation ( EEC) No 216 / 69 (4 ) of 4 February 1969 on detailed rules for the disposal (b) by derogation from Article 9 (3) of Regulation of frozen beef and veal bought-in by the intervention ( EEC) No 216/ 69, it is for a minimum quantity of agencies ; 60 metric tons .

Whereas in the particular situation in which this Article 4 tender is held it appears necessary to adapt the minimum quantity of meat placed on sale ; By way of derogation from Article 1 3 ( 2) of Regulation ( EEC) No 216/ 69 , the price is paid pro rata on the (') OJ No L 148 , 28 . 6 . 1968 , p. 24 . quantities withdrawn when the goods leave the ware­ (2 ) OJ No L 25 , 30 . 1 . 1973 , p. 23 . (3 ) OJ No L 14, 21 . 1 . 1969 , p. 2 . house and at the latest on the day preceding each h ) OJ No L 28 , 5 . 2. 1969, p. 10 . removal .

11 . 4 . 74 Official Journal of the European Communities No L 101 / 51

Article 5 The intervention agencies shall inform the Commis­ sion of each case of force majeure and of the measures When, for reasons of force majeure the tenderer taken in respect of it . cannot meet the time limit for taking over processing, Article 6 the intervention agency shall adopt the measures which appear warranted by the circumstances This Regulation shall enter into force on 1 1 April invoked . 1974 .

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

Done at Brussels, 8 April 1974 .

For the Commission

The President

François-Xavier ORTOLI