31989R2199

No L 209/26 21 . 7. 89 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2199/89 of 19 July 1989 on the salf, under the procedure laid down in Regulation (EEC) No 3143/85, of butter held by certain intervention agencies and inteded for direct consumption in the form of concentrated butter

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 3 . The sales shall be conducted in accordance with the provisions of Regulation (EEC) No 3143/85 and this Having regard to the Treaty establishing the European Regulation. Economic Community, 4. The minimum prices referred to in Article 2a (3) of Regulation (EEC) No 3143/85 are given in Annex I Having regard to Council Regulation (EEC) No 804/68 of hereto. 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by 5. Only those tenders which reach the intervention Regulation (EEC) No 763/89 (2), and in particular Article 6 (7) thereof, agencies concerned no later than 12 noon on 26 July 1989 and those applications for purchase submitted from the fifth working day following the above deadline shall Whereas Article 2a of Commission Regulation (EEC) No be taken into consideration. 3143/85 of 11 November 1985 on the sale at reduced prices of intervention butter intended for direct consumption in the form of concentrated butter (3), as last 6. Particulars relating to the quantities and the places where the products are stored may be obtained from the amended by Regulation (EEC) No 1953/89 (4), introduces addresses given in Annex II. the option of selling intervention butter in two stages, firstly by tendering and secondly at prices fixed at a standard rate in advance ; Article 2 Whereas in view of the current btter stock situation it is possible to offer butter for sale in accordance with the 1 . Tenders, which shall be in writing, shall be conditions laid down in the Annexes to this Regulation ; submitted either by registered post or delivered by hand to the intervention agency against acknowledgement of receipt, or by any written means of telecommunication. Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management 2. Tenders shall state : Committee for Milk and Milk Products, (a) the name and address of the tenderer ; (b) the price offered per 100 kilograms of butter having the fat content required, exclusive of internal taxes, ex HAS ADOPTED THIS REGULATION : coldstore, expressed in the currency of the Member State on whose teritory the butter is stored ;, (c) the quantity of butter applied for, stating its fat Article 1 content ; (d) the establishment where the total quantity of butter is 1 . The following quantities of intervention butter to be concentrated and packed in accordance with intended for direct consumption in "the form of concen­ Articles 4 and 5 of Regulation (EEC) No 3143/85 and, trated butter shall be put up for sale in two stages where appropriate, the establishment where the total pursuant to Article 2a of Regulation (EEC) No 3143/85 : quantity of concentrated butter is to be packed for marketing. However, with the agreement of the — 613 tonnes held by the French intervention agency competent agency, the total quantity of concentrated and bought in before 1 May 1987, butter may be packed for marketing in an establishment other than that indicated in the tender. — 600 tonnes held by the Spanish intervention agency and bought in before 1 May 1987. (e) where appropriate, the Member State on whose territory the butter is to be processed into concentrated 2. The intervention agencies referred to in paragraph 1 butter and tracers are to be added. shall sell first the butter which has been stored the longest. 3 . A tender shall not be valid unless :

(a) it is accompanied by a written undertaking to use in (>) OJ No L 148, 28. 6. 1968, p. 13. accordance with Regulation (EEC) No 3143/88 the 0 OJ No L 84, 29. 3 . 1989, p. 1 . 0 OJ No L 299, 12. 11 . 1985, p. 9. quantity of butter stipulated in the tender for 0 OJ No L 187, 1 . 7. 1989, p. 102. processing into concentrated butter ;

21 . 7. 89 Official Journal of the European Communities No L 209/27

(b) it relates only to butter having the same fat content ; in Article 2a (6) of Regulation (EEC) No 3143/85, pay the (c) it relates to a quantity of at least one tonne. However, intervention agency an amount corresponding to his if the butter has to be allocated proportionally and the tender for each quantity which he intends to remove from store. quantity obtained by the tenderer is less than one tonne, the quantity obtained shall constitute the 2. Except in cases of force majeure, if the successful minimum quantity for tender ; tenderer has not made the payment within the specified (d) proof is furnished that, before expiry of the period set period the tendering security referred to in Article 3 shall for the submission of tenders, the tenderer has lodged be forfeited and the sale shall be cancelled in respect of the tendering security referred to in Article 3 (1 ). the remaining quantities. 4. No tender may be withdrawn after the closing date specified in Article 1 (5). Article 7

Article 3 1 . When the amount referred to in Article 6(1 ) has been paid and the destination security has been lodged, 1 . For the purposes of this Regulation, maintenance of the intervention agency shall issue a removal warrant the tender after the closing date for the submission of indicating : tenders, payment of the price and lodging of the destination security referred to in Article 2a (5) of (a) the quantity in respect of which the conditions Regulation (EEC) No 3143/88 shall constitute primary referred to above have been satisfied and the tender, requirements compliance with which shall be ensured by identified by a serial number, to which it relates ; the lodging of a tendering security of ECU 150 per tonne. (b) the coldstore where it is stored ; 2. Tendering securities shall be lodged in the Member (c) the final date for removing the butter ; State in which the tender is submitted. (d) the final date for processing and packing. However, if tender states, in accordance with Article 2 (2), that the manufacture of the concentrated butter and the 2. If the payment referred to in Article 6 ( 1 ) has been addition of the tracer provided for in Article 5 (2) of made without removal of the butter having been effected within the period referred to above, the successful Regulation (EEC) No 3143/85 are effected in a Member State other than the Member State in which the offer has tenderer shall bear the cost and risk of storing the butter been lodged, the tendering security may be lodged with with effect from the day following that referred to in the competent authority designated by the Member State paragraph 1 (c). Removal may be effected by instalments. where the processing will take place and which shall issue 3. The butter shall be handed over by the intervention to the tenderer the proof referred to in Article 2 (3) (d). agency in packages bearing, in clear and legible print, the statement referred to in Article 3 (2) of Regulation (EEC) Article 4 No 3143/85. 1 . Tenders shall be rejected if the price offered is lower The butter shall remain in its original packaging until the than the minimum price fixed for the tendering start of the processing operations in accordance with procedure. Article 4 of that Regulation. 2. Rights and obligations arising in connection with the invitation to tender shall not be transferable . Article 8

Article 5 1 . The applications to purchase referred to in Article 1 (5) shall be mutatis mutandis, submitted and 1 . Each tenderer shall be notified by the intervention admissable under the conditions laid down in Article agency of the result of his participation in the tendering 2(1 ), (2) (a), (c), (d) and (3) (a), (b) and (c). procedure within the time limit referred to in the fourth subparagraph of Article 2a (3) of Regulation (EEC) No 2. The contract shall be concluded under the 3143/85. conditions referred to in Article 2 (4) of Regulation (EEC) No 3143/85. 2. Where the tenderer has been declared successful such notification shall indicate : (a) the quantity of butter sold ; Article 9 (b) the sum of the destination security ; The destination security referred to in Article 3(1 ) shall (c) the final date for processing into concentrated butter be ECU 200 per 100 kilograms. of the quantity of butter contained in the tender and for its packing. Article 10 Article 6 This Regulation shall enter into force on the day of its 1 . The successful tenderer shall, before the removal of publication in the Official Journal of the European the butter and within the time limit of 15 days specified Communities.

No L 209/28 Official Journal of the European Communities 21 . 7. 89

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

Done at Brussels, 19 July 1989.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX I

Product Quantity Minimum price expressed Member State (%) (tonnes) in ECU per 100 kg

France Butter > 82 613 150 Spain Butter > 82 600 150

ANNEX II

Addresses of the intervention agencies — Servicio Nacional de Productos Agrarios (SENPA), Calle de Beneficencia 8, E-28004 Madrid ; telephone : 522 29 61 , telex : 41818 SENPA E ; — Société Interlait 28/32, boulevard de Grenelle F-75737 Paris Cedex 15 ; telephone : 40 58 70 00, telex : 20 66 52, telecopy : 45 79 28 49.