31985R2121
No L 198/20 30 . 7 . 85 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 2121/85 of 29 July 1985 on the purchase by the Belgian intervention agency, and providing for the grant of a special aid by tender for the processing by heat treatment, of pigmeat stored under Regulations (EEC) No 772/85, (EEC) No 978/85 and (EEC) No 1477/85 bearing the national health mark
THE COMMISSION OF THE EUROPEAN proper manner so as to preserve its normal merchan COMMUNITIES, table quality ;
Having regard to the Treaty establishing the European Whereas in view of the particular circumstances of this Economic Community, intervention measure and the exceptional nature of the meat in question, an alternative method of disposal Having regard to Council Regulation (EEC) No should be foreseen ; whereas it is intended that storers 2759/75 of 29 October 1975 on the common organi should be granted a special aid if instead of offering zation of the market in pigmeat ('), as last amended by their meat to the Belgian intervention agency they Regulation (EEC) No 2966/80 (2), and in particular undertake to sell or otherwise dispose of their meat Article 20 thereof, subject to certain stringent obligations as regards the storage, treatment and final disposal of the said meat ; Having regard to Council Regulation (EEC) No 2763/75 of 29 October 1975 laying down general rules Whereas, in order to ensure quality of treatment for granting private storage aid for pigmeat (3), and in between storers and to fix the amount of the special particular Article 3 thereof, aid it would be appropriate to have recourse to a tendering procedure ; Whereas, in the light of the health situation in the stockfarming sector in Belgium, provision is made in Whereas, to prevent the transmission of any further Commission Regulations (EEC) No 772/85 (4), as last infection or contamination in other Member States amended by Regulation (EEC) No 978/85(0, (EEQ from meat emanating from the affected zones, it is not No 978/85 itself, as amended by Regulation (EEC) No intended that such meat should leave the territory of 1086/85 (% and (EEC) No 1477/85 Q, as amended by the Kingdom of Belgium, Regulation (EEC) No 1706/85 (8), for exceptional support measures for the market in pigmeat in that Whereas the aforesaid meat can be identified by virtue Member State ; of the national health mark which has been applied by the competent national services ; Whereas, the abovementioned measures provide inter alia for the buying in of meat stored by the Belgium Whereas the Management Committee for Pigmeat has intervention agency at the request of the interested not delivered an opinion within the time limit set by party if the national health authorities decide that such its chairman, meat cannot be released for consumption until it has undergone sufficient heat treatment and according to the conditions provided for in the abovementioned Regulations ; HAS ADOPTED THIS REGULATION :
Whereas, the national health authorities have so deter mined and that the Belgian intervention agency is obliged to buy in such meat as is offered to it by inte TITLE I rested parties and which has been stored pursuant to the aforesaid Regulations ; Intervention purchases Whereas, the purchase prices provided for in Reg ulations (EEC) No 772/85, (EEC) No 978/85 and Article 1 (EEC) No 1477/85 are only applicable in so far as the meat in question has been stored and/or treated in a 1 . The Belgian intervention agency shall buy, subject to paragraphs 3 and 4, any meat stored (') OJ No L 282, 1 . 11 . 1975, p. 1 . (2) OJ No L 307, 18 . 11 . 1980, p. 5. pursuant to Regulations (EEC) No 772/85, (EEC) No 0 OJ No L 282, 1 . 11 . 1975, p. 19. 978/85 and (EEC) No 1477/85 and duly offered in (<) OJ No L 86, 27. 3 . 1985, p. 20. accordance with the provisions of Article 4b of Regu 0 OJ No L 105, 17. 4. 1985, p. 6. lation (EEC) No 772/85, Article 7 of Regulation (EEC) («) OJ No L 114, 27. 4. 1985, p. 36. o OJ No L 145, 4. 6. 1985, p. 17. No 978/85 and Article 7 of Regulation (EEC) No (8) OJ No L 163, 22. 6. 1985, p. 36. 1477/85.
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2. The notice of invitation to tender shall be 2. In all cases the quantity of product purchased by the Belgian intervention agency shall not exceed the communicated to all storers of meat stored pursuant to quantity specified in the storage contract in question Regulations (EEC) No 772/85, (EEC) No 978/85 and regardless of the quantities actually stored. (EEC) No 1477/85.
3 . The quantities of meat which may be offered in The Belgian intervention agency shall also publish the accordance with paragraphs 1 and 2 may be purchased notice of invitation to tender in the Moniteur Beige only after the expiry of the storage contract, and only and wherever else considered appropriate. if prevailing market conditions allow ; where it appears necessary, the storage contract may be prolonged in accordance with the procedure laid down in Article 24 of Regulation (EEC) No 2759/75. Article 5
4. The Belgian intervention agency shall buy meat properly offered in accordance with this Article no 1 . The time limit for submission of tenders shall later than 1 5 days after receipt of the offer for sale. expire each last Tuesday of the month at 12 noon. If that Tuesday falls on a public holiday, the time limit shall be extended to the following working day at 12 noon . Article 2
Any losses arising from poor or inappropriate hand With respect to the first individual invitation to ling, freezing or storing of the aforesaid meat and tender, the time limit for the submission of tenders detected after purchase shall be borne by the storer. shall expire on 6 August 1985 at 12 noon.
2. Tenders shall be submitted in writing by the TITLE II storer to the intervention agency against acknowledg ment or by registered letter addressed to the interven tion agency. The intervention agency may allow a tender to be submitted by telex. Tender for special aid
3 . A tender shall not be valid unless it includes the Article 3 following particulars :
(a) the name and address of the tenderer and, if appro 1 . Special aid may be granted for any meat not offered for sale in accordance with Article 1 which priate, of the processor ; could have been so offered and which bears the (b) the week of the conclusion of the storage contract national health mark . for the product in question ; (c) the level of aid proposed, expressed per tonne of 2. The amount of the special aid shall be fixed by product in ECU ; means of a monthly invitation to tender. (d) the quantity of meat to which the aid relates and 3. The granting of the special aid shall be subject to which is to be treated within the time limit laid the successful tenderer complying with the obligations down in Article 10 (1 ) and which in any event listed in Article 10 in relation to the storage, treatment shall not exceed the quantity specified in the and disposal of the said meat. storage contract ;
(e) a statement by the tenderer accepting responsibility in respect of any latent defect in the product not Article 4 visible on inspection, arising from inappropriate handling, freezing or storage methods ; 1 . The Belgian intervention agency shall draw up a notice of invitation to tender stating in particular : (f) an undertaking to either store, treat and dispose of, pursuant to Article 10 and within the time limit (a) the time limit and place for the submission of laid down in Article 10 ( 1 ), the quantity of product tenders ; specified in his tender or to ensure that such storage, treatment and disposal as laid down in (b) the formalities regarding provision of the security Article 10 takes place. for tender and treatment and the obligations regarding storage, treatment and disposal ; (c) where appropriate a statement that tenders may be 4. The quantity referred to in (d) may not be less than four tonnes . submitted by telex.
No L 198 /22 30 . 7 . 85 Official Journal of the European Communities
5. A tender shall further not be valid unless the (b) the expiry of the time limit for the treatment of following conditions are met : the quantity of product stated in the tender ; (c) the particulars specified in Article 5 (3) (c) and (d). (a) proof must be supplied that before the expiry of the time limit for the submission of tenders, in response to the individual invitation to tender in TITLE III question, the tenderer has lodged the security for the tender and treatment referred to in Article 6 ; Treatment of meat for which special aid will be (b) it must not contain any conditions and/or reserva granted tions that are not expressly authorized.
Article10¶
1 . Within five months from the date of forwarding Article 6 of the information to the tenderer specified in Article 9 the successful tenderer shall either himself treat or 1 . The security for tender and treatment shall be else ensure that treatment is carried out on the quan 100 ECU per tonne. tity of meat specified in the tender and further that the obligations as regards storage and disposal listed below 2. The security shall be lodged at the option of the are respected. tenderer, in cash or in the form of a guarantee 2. The obligations incumbent upon the successful provided by an establishment meeting the criteria tenderer shall be as follows : fixed by the Belgian intervention agency, who may equally accept a banker's cheque as security. The tenderer shall himself process and dispose, or if the meat is sold to a third p"arty shall ensure that the third party processes and disposes, of the meat in the Article 7 following fashion : In accordance with the procedure laid down in Article (a) the meat shall undergo treatment as specified in 24 of Regulation (EEC) No 2759/75, a maximum the Annex hereto ; amount of aid, expressed per tonne of product, shall (b) the meat shall be stored, transported and processed be fixed for veterinary services It may also be decided separately from all other meat and meat products ; under the abovementioned procedure to make no such activities shall, in any event, comply with the award . rules of the competent Belgian services governing the disposal of this meat and shall take place Article 8 within the territory of the Kingdom of Belgium ; (c) all waste products shall be collected and destroyed 1 . A tender shall be refused if the level of aid under the supervision specified in Article 10 (4). proposed is above the maximum amount fixed for the 3 . The successful tenderer further undertaken to individual invitation to tender in question. ensure that the final products from the meat for which 2. Without prejudice to the provisions of paragraph a special aid is granted will not leave the territory of 1 , the successful tenderers shall be those who propose the Kingdom of Belgium, irrespective of whether or a level of aid below or equal to the maximum amount not he himself processes and disposes of the meat. of aid fixed. 4. The control of the obligations listed in paragraph 2 shall include a permanent control on site of the 3 . The right of a storer/tenderer to offer meat for treatment and processing of the meat for which a sale in accordance with Article 1 expires upon his special aid is granted. This control will be carried out being adjudged successful in accordance with para by the Belgian veterinary services without prejudice to graph 2 of this Article for that quantity of meat. any further controls provided for by national legisla tion . Article 9 5. If meat for which a special aid may be granted is 1 . Each tenderer shall be informed without delay by subject to a storage contract at the time that a successful bid is notified to the tenderer in accordance the intervention agency, by registered letter, of the outcome of his tender. with Article 9 then a curtailment of the storage contract may be agreed between the Belgian interven 2. If the tenderer is successful he shall be informed tion agency and the tenderer. of the following : If the storage contract is so curtailed, the amount of (a) the expiry of the time limit for the submission of aid payable shall be reduced in accordance with the tenders in response to the individual invitation to tables appearing in the Annexes to Regulations (EEC) tender in question ; No 772/85, (EEC) No 978/85 or (EEC) No 1477/85.
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TITLE IV (a) the tender was not accepted ; or (b) a certificate as referred to in Article 11 (1 ) has been General provisions issued.
Article 11 2. In the case of any failure to comply with any 1 . After checking that the processing of the meat obligation incumbent upon a successful tenderer subject to a special aid has been effected in accordance under this Regulation, the Belgian intervention agency with this Regulation the Belgian veterinary services shall declare the security totally or partially forfeit shall issue to the person concerned a certificate speci depending on the seriousness of the breach involved. fying the quantity of meat that has been properly processed and treated. All such cases where the preceding subparagraph is 2. Payment of the special aid shall be made on applied shall be notified to the Commission giving full presentation of the certificate referred to in paragraph details of the circumstances involved and the action 1 to the Belgian intervention agency. The payment taken . shall be made pro rata according to the quantity speci fied in the said certificate .
Article12¶
1 . Save in cases of force majeure the security for tender and treatment referred to in Article 6 shall be This Regulation shall enter into force on the day of its released only for that quantity of meat in respect of publication in the Official Journal of the European which : Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 29 July 1985.
For the Commission Frans ANDRIESSEN Vice-President
No L 198/24 30 . 7. 85 Official Journal of the European Communities
ANNEX
Obligations on the disposal of the meat stored pursuant to Regulations (EEC) No 772/85 , (EEC) No 978/85 and (EEC) No 1477/85 bearing the national health mark The pigmeat shall be fully deboned and the major lymphatic nodes removed. The portion of pigmeat for heat treatment shall not exceed 5 kilograms in weight. Before heating, each portion of the meat mentioned above shall be enclosed in a hermetically sealed container. The meat in its container shall be subjected to a heat treatment according to the following criteria : — the product shall retain a temperature of a least 60 ° C for a minimum of four hours during which time the temperature shall be raised to at least 70 °C for a minimum of 30 minutes, — the temperature of a representative number of samples of each batch of the product shall be monitored continuously by means of an automatic temperature recording device which records the temperature in the centre of the product and in the interior of the heating apparatus. At all times during its processing, measures shall be taken to prevent any possible recontamination.