31985R2122

30 . 7. 85 No L 198 /25 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2122/85 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 Community health mark

THE COMMISSION OF THE EUROPEAN manner so as to preserve its normal merchantable COMMUNITIES, 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 stores 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 equality 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 the scope of this Regulation is limited to Commission Regulations (EEC) No 772/85 (4), as last meat stored under the abovementioned Regulations amended by Regulation (EEC) No 978/85 (*), (EEC) and which bears the Community health mark as No 978/85 itself, as amended by Regulation (EEC) No defined in Article 5a of Council Directive 72/461 /EEC 1086/85 (*), and (EEC) No 1477/85 Q, as amended by of 12 December 1972 (9), as last amended by Directive Regulation (EEC) No 1706/85 (8), for exceptional 85/322/EEC (10) ; support measures for the market in pigmeat in that Member State ; Whereas to take account of the current trading situa­ tion in the pigmeat sector between the Community on Whereas, the abovementioned measures provide inter the one hand and the United States of America, alia for the buying in of meat stored by the Belgian Canada and Australia on the other hand, it is not intervention agency at the request of the interested intended that meat for which this special aid has been party if the national health authorities decide that such granted should be exported to the aforesaid countries ; meat cannot be released for consumption until it has Whereas the Management Committee for Pigmeat has undergone sufficient heat treatment and according to not delivered an opinion within the time limit set by the conditions provided for in the abovementioned its chairman, Regulations ;

Whereas, the national health authorities have so deter­ mined and that the Belgian intervention agency is HAS ADOPTED THIS REGULATION : obliged to buy in such meat as is offered to it by inte­ rested parties and which has been stored pursuant to the aforesaid Regulations ; TITLE I

Whereas, the purchase prices provided for in Regula­ Intervention purchases tions (EEC) No 772/85, (EEC) No 978/85 and (EEC) No 1477/85 are only applicable in so far as the meat in question has been stored and/or treated in a proper Article 1

1 . The Belgian intervention agency shall buy, (') OJ No L 282, 1 . 11 . 1975, p. 1 . subject to paragraphs 3 and 4, any meat stored (2) OJ No L 307, 18 . 11 . 1980, p. 5. 0 OJ No L 282, 1 . 11 . 1975, p. 19 . pursuant to Regulations (EEC) No 772/85, (EEC) No O OJ No L 86, 27. 3 . 1985, p. 20 . 978/85 and (EEC) No 1477/85 and duly offered in O OJ No L 105, 17. 4. 1985, p. 6. (*) OJ No L 114, 27. 4. 1985, p. 36. 0 OJ No L 145, 4. 6 . 1985, p. 17. (') OJ No L 302, 31 . 12. 1972, p. 24. (8) OJ No L 163, 22. 6. 1985, p. 36. H OJ No L 168, 28 . 6. 1985, p. 41 .

No L 198/26 Official Journal of the European Communities 30 . 7 . 85

accordance with the provisions of Article 4b of Regu­ (c) where appropriate a statement that tenders may be lation (EEC) No 772/85, Article 7 of Regulation (EEC) submitted by telex. No 978/85 and Article 7 of Regulation (EEC) No 1477/85. 2. The notice of invitation to tender shall be communicated to all storers of meat stored pursuant to 2. In all cases the quantity of product purchased by Regulations (EEC) No 772/85, (EEC) No 978/85 and the Belgian intervention agency shall not exceed the (EEC) No 1477/85. quantity specified in the storage contract in question regardless of the quantities actually stored. The Belgian intervention agency shall also publish the notice of invitation to tender in the Moniteur Beige 3. The quantities of meat which may be offered in and wherever else considered appropriate. accordance with paragraphs 1 and 2 may be purchased only after the expiry of the storage contract, and only if prevailing market conditions allow ; where it appears necessary, the storage contract may be prolonged in Article 5 accordance with the procedure laid down in Article 24 of Regulation (EEC) No 2759/75. 1 . The time limit for submission of tenders shall expire each last Tuesday of the month at 12 noon. If 4. The Belgian intervention agency shall buy meat that Tuesday falls on a public holiday, the time limit properly offered in accordance with this Article no shall be extended to the following working day at 12 later than 1 5 days after receipt of the offer for sale. noon .

Article 2 With respect to the first individual invitation to tender, the time limit for the submission of tenders shall expire on 6 August 1985 at 12 noon. Any losses arising from poor or inappropriate hand­ ling, freezing or storing of the aforesaid meat and detected after purchase shall be born by the storer. 2. Tenders shall be submitted in writing by the storer to the intervention agency against acknowledg­ ment or by registered letter addressed to the interven­ tion agency. The intervention agency may allow a TITLE II tender to be submitted by telex.

3 . A tender shall not be valid unless it includes the Tender for special aid following particulars :

(a) the name and address of the tenderer and, if appro­ Article 3 priate, of the processor ; (b) the week of the conclusion of the storage contract 1 . Special aid may be granted for any meat not offered for sale in accordance with Article 1 which for the product in question ; could have been so offered and which bears the (c) the level of aid proposed, expressed per tonne of Community health mark. product in ECU ; (d) the quantity of meat to which the aid relates and 2. The amount of the special aid shall be fixed by which is to be treated within the time limit laid means of a monthly invitation to tender. down in Article 10 ( 1 ) and which in any event shall not exceed the quantity specified in the 3. The granting of the special aid shall be subject to storage contract ; the successful tenderer complying with the obligations listed in Article 10 in relation to the storage, treatment (e) a statement by the tenderer accepting responsibility and disposal of the said meat. in respect of any latent defect in the product not visible on inspection, arising from inappropriate handling, freezing or storage methods ; Article 4 (f) an undertaking to either store, treat and dispose of, pursuant to Article 10 and within the time limit 1 . The Belgian intervention agency shall draw up a laid down in Article 10 ( 1 ), the quantity of product notice of invitation to tender stating in particular : specified in his tender or to ensure that such (a) the time limit and place for the submission of storage, treatment and disposal as laid down in tenders ; Article 10 takes place. (b) the formalities regarding provision of the security for tender and treatment and the obligations re­ 4. The quantity referred to in (d) may not be less than four tonnes . garding storage, treatment and disposal ;

30 . 7 . 85 No L 198/27 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 question, the tenderer has lodged the security for the tender and treatment referred to in Article 6 ; TITLE III (b) it must not contain any conditions and/or reserva­ tions that are not expressly authorized. Treatment of meat for which special aid will be 6. A tender may not be withdrawn. granted

Article 6 Article 10 1 . A security for tender and treatment shall be 100 ECU per tonne. 1 . Within five months from the date of forwarding of the information to the tenderer specified in Article 2. The security shall be lodged at the option of the 9 the successful tenderer shall either himself treat or tenderer, in cash or in the form of a guarantee else ensure that treatment is carried out on the quan­ provided by an establishment meeting the criteria tity of meat specified in the tender and further that the fixed by the Belgian intervention agency, who may obligations as regards storage and disposal listed below equally accept a banker's cheque as security. are respected.

2. The obligations incumbent upon the successful Article 7 tenderer shall be as follows : In accordance with the procedure laid down in Article The tenderer shall himself process and dispose, or if 24 of Regulation (EEC) No 2759/75, a maximum the meat is sold to a third party shall ensure that the amount of aid, expressed per tonne of product, shall third party processes and disposes, of the meat in the be fixed for each individual invitation to tender. It following fashion : may also be decided under the abovementioned proce­ dure to make no award . (a) the meat shall undergo treatment as specified in the Annex hereto ; Article 8 (b) the meat shall be stored, transported and processed separately from all other meat and meat products ; 1 . A tender shall be refused if the level of aid such activities shall, in any event, comply with the proposed is above the maximum amount fixed for the rules of the competent Belgian services governing individual invitation to tender in question. the disposal of this meat and shall take place within the territory of the Kingdom of Belgium ; 2. Without prejudice to the provisions of paragraph (c) all waste products shall be collected and destroyed 1 , the successful tenderers shall be those who propose under the supervision specified in Article 1 0 (4). a level of aid below or equal to the maximum amount of aid fixed . 3 . The successful tenderer further undertakes to ensure that the final products from the meat for which 3. The right of a storer/tenderer to offer meat for a special aid is granted will not be exported to the sale in accordance with Article 1 expires upon his United States of America, Canada or Australia, ir­ being adjudged successful in accordance with para­ respective of whether or not he himself processes and graph 2 of this Article for that quantity of meat. disposes of the meat.

Article 9 . 4. The control of the obligations listed in paragraph 2 shall include a permanent control on site of the 1 . Each tenderer shall be informed without delay by treatment and processing of the meat for which a the intervention agency, by registered letter, of the special aid is granted. This control will be carried out outcome of his tender. by the Belgian veterinary services without prejudice to any further controls provided for by national legisla­ 2. If the tenderer is successful he shall be informed tion . of the following :

(a) the expiry of the time limit for the submission of 5. If meat for which a special aid may be granted is tenders in response to the individual invitation to subject to a storage contract at the time that a tender in question ; successful bid is notified to the tenderer in accordance

No L 198/28 Official Journal of the European Communities 30 . 7. 85

with Article 9 then a curtailment of the storage shall be made pro rata according to the quantity speci­ contract may be agreed between the Belgian interven­ fied in the said certificate . tion agency and the tenderer. Article 12 If the storage contract is so curtailed, the amount of aid payable shall be reduced in accordnce with the 1 . Save in cases of force majeure the security for tender and treatment referred to in Article 6 shall be tables appearing in the Annexes to Regulations (EEC) No 772/85, (EEC) No 978/85 or (EEC) No 1477/85. released only for that quantity of meat in respect of which : (a) the tender was not accepted ; or TITLE IV (b) a certificate as referred to in Article 11 (1 ) has been issued .

2. In the case of any failure to comply with any General provisions obligation incumbent upon a successful tenderer under this Regulation, the Belgian intervention agency shall declare the security totally or partially forfeit Article 11 depending on the seriousness of the breach involved. 1 . After checking that the processing of the meat All such cases where the preceding subparagraph is subject to a special aid has been effected in accordance applied shall be notified to the Commission giving full with this Regulation the Belgian veterinary services details of the circumstances involved and the action shall issue to the person concerned a certificate speci­ taken . fying the quantity of meat that has been properly processed and treated. Article 13

2. Payment of the special aid shall be made on This Regulation shall enter into force on the day of its presentation of the certificate referred to in paragraph publication in the Official Journal of the European Communities. 1 to the Belgian intervention agency. The payment

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

30 . 7 . 85 Official Journal of the European Communities No L 198/29

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 Community 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 at least 60° for a minimum of four hours during which time the temperature shall be raised to at least 70° 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, The products shall be marketed beside the health mark with the special additional mark '3-85'.