31989R2414

5 . 8 . 89 No L 228/7 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2414/89 of 2 August 1989 on the sale, under the procedure laid down in Regulation (EEC) No 3143/85 , of butter held by certain intervention agencies and intended 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 Having regard to Regulation (EEC) No 804/68 of the Regulation (EEC) No 3143/85 are given in Annex I hereto . Council of 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by Regulation (EEC) No 763/89 (2), and in particular 5. Only those tenders which reach the intervention Article 6 (7) thereof, agencies concerned not later than 12 noon on 9 August 1989 and those applications for purchase submitted from Whereas Article 2a of Commission Regulation (EEC) No the fifth working day following the above deadline shall 3143/ 85 of 11 November 1985 on the sale at reduced be taken into consideration . 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 amended by Regulation (EEC) No 1953/89 (4), introduces where the products are stored may be obtained from the the option of selling intervention butter in two stages, addresses given in Annex II. firstly by tendering and secondly at prices fixed at a standard rate in advance ; Article 2 Whereas in view of the current butter 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 Whereas the measures provided for in this Regulation are receipt, or by any written means of telecommunication. in accordance with the opinion of the Management Committee for Milk and Milk Products, 2 . Tenders shall state :

(a) the name and address of the tenderer ; (b) the price offered per 100 kilograms of butter having HAS ADOPTED THIS REGULATION the fat content required, exclusive of internal taxes, ex coldstore, expressed in the currency of the Member State on whose teritory the butter is stored ; Article 1 (c) the quantity of butter applied for, stating its fat content ; 1 . The following quantities of intervention butter intended for direct consumption in the form of concen­ (d) the establishment where the total quantity of butter is trated butter shall be put up for sale in two stages to be concentrated and packed in accordance with pursuant to Article 2a of Regulation (EEC) No 3143/85 : Articles 4 and 5 of Regulation (EEC) No 3143/85 and, where appropriate, the establishment where the total 500 tonnes held by the Spanish intervention agency quantity of concentrated butter is to be packed for and taken into storage before 1 June 1987, marketing. However, with the agreement of the — 500 tonnes held by the Irish intervention agency and competent agency, the total quantity of concentrated taken into storage before 1 June 1987, butter may be packed for marketing in an establishment other than that indicated in the tender ; — 500 tonnes held by the Dutch intervention agency and taken into storage before 1 June 1987. (e) where appropriate, the Member State on whose territory the butter is to be processed into concentrated butter and tracers are to be added. 2. The intervention agencies referred to in paragraph 1 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 (2) OJ No L 84, 29. 3. 1989, p. 1 . (3) OJ No L 299, 12. 11 . 1985, p. 9. quantity of butter stipulated in the tender for 4) OJ No L 187, 1 . 7. 1989, p. 102. processing into concentrated butter ;

No L 228/8 Official Journal of the European Communities 5 . 8 . 89

(b) it relates only to butter having the same fat content ; in Article 2a (6) of Regulation (EEC) No 3143/85, pay the intervention agency an amount corresponding to his (c) it relates to a quantity of at least one tonne. However, tender for each quantity which he intends to remove from if the butter has to be allocated proportionally and the 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 1 50 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 made without removal of the butter having been effected addition of tracers provided for in Article 5 (2) of 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 with effect from the day following that referred to in been lodged, the tendering security may be lodged with paragraph 1 -(c). Removal may be effected by instalments. the competent authority designated by the Member State 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.

5 . 8 . 89 Official Journal of the European Communities No L 228 /9

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

Done at Brussels, 2 August 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

Spain Butter > 82 500 150 Ireland Butter > 80 500 150 Netherlands Butter > 82 500 150

ANNEX II

Addresses of the intervention agencies — Servicio Nacional de Productos Agrarios (SENPA), Calle de Beneficencia 8 , E-28004 Madrid : telephone : (341)522 29 61 telex : 41818 SENPA E telefax : 521 98 32 — Departement of Agriculture and Food, Dairying (Trade) Division, Agriculture House, Kildare Street, IRL-Dublin 2 ; telephone : (35 31 ) 78 90 1 1 , telex : 93 607 agri-ei, telefax : 616 263, — Voedselvoorzienings In- en Verkoopbureau, Burg. Kesselplein 3, Postbus 960, NL-6430 AZ Hoensbroek ; telephone : (3145) 23 83 83, telex : 563 96 telefax : 22 27 35 .