31974R0874

No L 101 / 52 11 . 4 . 74 Official Journal of the European Communities

REGULATION ( EEC) No 874/ 74 OF THE COMMISSION of 8 April 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 HAS ADOPTED THIS REGULATION : COMMUNITIES ,

Having regard to the Treaty establishing the European Economic Community ; Article 1

Having regard to Council Regulation (EEC) No 805/68 (') of 27 June 1968 on the common organiza­ Approximately 1 500 metric tons of hindquarters of tion of the market in beef and veal , as last amended beef and veal bought-in by the Irish intervention by Regulation (EEC) No 1 87/73 (2), and in particular agency under Article 6 ( 1 ) of Regulation ( EEC) No Article 7 (3 ) thereof ; 805/ 68 , shall be sold .

Whereas the possibility of permanent intervention has led to the build-up of certain stocks particularly in Ireland ; it is therefore necessary to arrange for the Article 2 sale of these stocks in order to free the cold stores ; 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 provided for by Regulation ( EEC) No 216/69, and in not desirable to distribute the meat on the Commu­ particular Articles 6 to 14 thereof, and by this Regula­ tion . nity market, therefore it is necessary to link the sale to an obligation to export the goods ;

Whereas under these conditions the release from Article J storage can be made according to Article 1 (2) (a) of Council Regulation ( EEC) No 98 / 69 (3 ) of 16 January 1969 , laying down general rules for the disposal of 1 . By derogation from Article 13 (3) of Regulation frozen beef and veal bought-in by the intervention ( EEC) No 216/ 69 a tender is not valid unless accom­ agencies ; panied by a written statement in which the tenderer agrees to take out and to export the meat within 12 Whereas for this purpose it appears necessary to make arrangement for sale by tender in order to allow the weeks of the day on which he is informed that his tender has been accepted .release from storage in the most economical condi­ tions as laid down in Commission Regulation (EEC) No 216/ 69 (4 ) of 4 February 1969 on detailed rules for 2. By derogation from Article 13 (2) of Regulation the disposal of frozen beef and veal bought-in by the ( EEC) No 216 / 69 the price is paid prorata on the intervention agencies ; whereas there is cause to make quantities withdrawn when the goods leave the ware­ provision , in these circumstances, for a deposit of an house and at the latest on the day preceding each amount covering, besides the amount fixed in Article removal . 10 of Regulation ( EEC) No 216/69, the refund appli­ cable to the meat in question , in order to ensure its export ; Article 4 Whereas, however, force majeure as defined by the Court of Justice of the European Communities in 1 . By way of derogation from Article 10 ( 1 ) of cases 4-68 (5 ) and 1 1 - 70 ( 6) may occur during the Regulation ( EEC) No 216/69 , the deposit shall be 52 release from storage and export ; therefore in this case units of account per 100 kg of the product . the intervention agencies are allowed to take the neces­ sary measures ; 2. In addition to the circumstances specified in Whereas the measures provided for in this Regulation Article 14 (2) of Regulation (EEC) No 216/ 69 , the are in accordance with the Opinion of the Manage­ deposit shall be forfeit in respect of any quantities of ment Committee for Beef and Veal , meat in respect of which the successful tenderer does not provide proof of importation into a third country . 0 OJ No L 148 , 28 . 6. 1968 , p. 24. (2) OJ No L 25, 30 . 1 . 1973 , p. 23 . (>) 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 (*>) Case-book 1 970 , 1 1 25 . export refunds .

11 . 4 . 74 Official Journal of the European Communities No L 101 / 53

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 1 1 April the circumstances 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