31977R2900
No L 338 / 6 Official Journal of the European Communities 28 . 12 . 77
COMMISSION REGULATION ( EEC ) No 2900/77
of 22 December 1977
laying down detailed rules for the sale of beef held by the intervention agencies to enable the import with total suspension of the levy of frozen beef and veal intended for processing
THE COMMISSION OF THE EUROPEAN conditions for alterations to the value of the unit of COMMUNITIES , account used for the common agricultural policy (5) provides that, in the case of transactions carried out Having regard to the Treaty establishing the European pursuant to the common agricultural policy, the sums Economic Community, owed by a Member State or a duly authorized body, expressed in national currency and representing amounts fixed in units of account, should be paid on Having regard to Council Regulation ( EEC) No the basis of the relationship between the unit of 805/68 of 27 June 1968 on the common organization account and the national currency which obtained at of the market in beef and veal ('), as last amended by the time when the transaction or part transaction was Regulation ( EEC) No 425/77 (2), and in particular Arti carried out ; cles 7(3) and 14(4)(c) thereof,
Whereas under Article 6 of the abovementioned Regu Whereas Article 14(3)(b) of Regulation ( EEC) No lation , the time when a transaction is carried out is 805/68 provides that the total suspension of the considered as being the date on which the event import levy in respect of frozen beef and veal occurs , as defined by Community rules or, in the intended for processing may be made conditional on absence of and pending adoption of such rules, by the the submission of a purchase contract for frozen meat rules of the Member State concerned , in which the held by an intervention agency ; amount involved in the transaction becomes due and payable ; Whereas the sale of frozen meat held by the interven tion agencies must take place in such a way as to Whereas only contracts for the purchase of meat held avoid any disturbance of the market and to ensure by intervention agencies may confer entitlement to equal access to all interested parties ; whereas recourse the issue of import licences for meat under the system should therefore be had to a tendering procedure to provided for in Article 1 4 (3) (b) of Regulation (EEC) permit a fair distribution of the quantities of meat put No 805/ 68 ; whereas provision should be made for a up for sale ; whereas such sales must take place special endorsement to be made on these contracts ; pursuant to Commission Regulation ( EEC) No 216/69 of 4 February 1969 on detailed rules of application for the disposal of frozen beef and veal bought in by inter Whereas cases of force majeure may arise during the vention agencies (3) while providing for certain excep tendering operations ; whereas, consequently, the inter tions ; whereas , in the case of boned meat, the presen vention agencies should be able to take the measures necessary in the circumstances ; tation of the products put up for sale must comply with Commission Regulation ( EEC) No 2630/75 of 16 October 1975 on the boning of beef bought in by the Whereas the measures provided for in this Regulation intervention agencies (4 ) ; are in accordance with the opinion of the Manage ment Committee for Beef and Veal ,
Whereas the system provided for in Article 14(1 ) ( a) of Regulation ( EEC) No 805/68 is normally more favourable to the parties concerned than the system provided for in Article 14(1 ) (b) thereof ; whereas it is HAS ADOPTED THIS REGULATION : therefore reasonable to make it possible to fix different minimum prices for the sale of intervention meat according to the destination of the imported Article 1 meat ;
1 . Importation with total suspension of the levy as Whereas Article 4(2) of Council Regulation ( EEC ) No provided for in Article 14(3)(b) of Regulation (EEC) 1134/ 68 of 30 July 1968 laying down rules for the No 805 / 68 shall be conditional upon the submission implementation of Regulation ( EEC) No 653 / 68 on of a purchase contract for frozen meat held by an intervention agency, concluded in accordance with (') OJ No L 148 , 28 . 6 . 1968 , p. 24 . this Regulation . (2) OJ No L 61 , 5 . 3 . 1977 , p. 1 . (3 ) OJ No L 28 , 5 . 2 . 1969 , p. 10 . (4 ) OJ No L 268 , 17 . 10 . 1975 , p . 16 . 0 ) OJ No L 188 , 1 . 8 . 1968 , p. 1 .
28 . 12 . 77 Official Journal of the European Communities No L 338 / 7
2. The sale shall take place by way of tender, of the list of tenderers and the quantities of products pursuant to Regulation (EEC) No 216/69 , and in parti for which tenders have been submitted, specifying the cular Articles 6 to 14 thereof, subject to the special import system concerned . and derogating provisions laid down in this Regula tion . If the day referred to in the preceding subparagraph is not a working day in a Member State , that Member State shall make the communication on the first Article 2 working day thereafter.
1 . A general notice of invitation to tender shall be However, on the first occasion , the communication published at the latest on the date of publication of referred to in the first subparagraph shall be made on the first partial invitation to tender. 6 February 1978 . 2. Under the tendering system , the intervention agencies shall issue partial invitations to tender every Article 5 quarter.
The individual notice of invitation to tender shall Different minimum prices may be fixed for tenders specify the date by which the meat put up for sale was intended to allow the import :
taken over by the intervention agencies and, in the A. of frozen meat intended for the manufacture of the case of boned meat, its form of presentation in accor preserves referred to in Article 14(1 ) (a) of Regula dance with Regulation ( EEC) No 2630/75. tion ( EEC) No 805/ 68 ;
3. Notices of invitation to tender shall be published B of frozen meat intended for the manufacture of the in the Official Journal of the European Communities other products referred to in Article 14(1 ) (b) at least five days before the beginning of the period thereof. laid down for the submission of tenders .
Article 6 Article 3 The representative rate to be applied to each tender 1 . Tenders may be submitted only during the first accepted shall be that applicable, pursuant to Regula 10 days of each quarter. However, on the first occa tion (EEC) No 878 /77, on the last day of the period sion , they may be submitted only between 20 and 30 laid down for the submission of tenders . January 1978 .
2. The tender shall specify the group of products as Article 7 referred to in Article 5 which the tenderer wishes to import. 1 . The purchase contract shall include the endorse ment : 'Article 14(3)(b) of Regulation (EEC) No 3 . For each of the systems referred to in Article 805/68 ', followed by the capital letter referring to the 14(1 ) of Regulation ( EEC) No 805/68 , all tenders group of products to be imported pursuant to Article from the same tenderer shall be considered as a single tender. 5, the signature of the person authorized and the stamp of the intervention agency. 4. Only tenders for a total quantity of not less than five tonnes and not more than 100 tonnes, expressed 2 . The purchase contract shall not be transferable . as unboned meat, can be accepted . 100 kilograms of unboned meat shall be equal to 77 kilograms of A rticle 8 boned meat .
5. When submitting the tender, the tenderer shall When , for reasons of force majeure, the successful declare that for the current quarter he has not tenderer cannot comply with the timetable for taking submitted and that he undertakes not to submit any over the product, the intervention agency shall take tender in respect of the same special system in such measures as it deems necessary in the light of Member States other than the one in which the tender the circumstances invoked .
is submitted ; if the same tenderer submits tenders in The intervention agency shall inform the Commission respect of the same special system in two or more Member States, none of these tenders shall be consid of each case of force majeure and the measures taken ered . accordingly .
Article4¶
Before 4 p.m . on the 18th day of each quarter, the This Regulation shall enter into force on 1 January Member States shall inform the Commission by telex 1978 .
No L 338 / 8 Official Journal of the European Communities 28 . 12 . 77
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 22 December 1977.
For the Commission
Étienne DAVIGNON
Member of the Commission