31990R0428

21 . 2 . 90 Official Journal of the European Communities No L 45/5

COMMISSION REGULATION (EEC) No 428 /90 of 20 February 1990 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 , 2. The intervention agencies referred to in paragraph 1 shall sell first the butter which has been stored the Having regard to the Treaty establishing the European longest. Economic Community, 3 . The sales shall be conducted in accordance with the Having regard to Council Regulation (EEC) No 804/68 of provisions of Regulation (EEC) No 3143/85 and this 27 June 1 968 on the common organization of the market Regulation . in milk and milk products ('), as last amended by 4. The minimum prices referred to in Article 2a (3) of Regulation (EEC) No 3879/89 (2), and in particular Article Regulation (EEC) No 3143/85 are given in Annex I 6 (7) thereof, hereto . Whereas Article 2a of Commission Regulation (EEC) No 5. Only those tenders which reach the intervention 3143/85 of 11 November 1985 on the sale at reduced agencies concerned not later than 12 noon on 27 prices of intervention butter intended for direct February 1990 and those applications for purchase consumption in the form of concentrated butter (3), as last submitted from the fifth working day following the above amended by Regulation (EEC) No 2690/89 (4), introduces deadline shall be taken into consideration . the option of selling intervention butter in two stages, firstly by tendering and secondly at prices fixed at a 6. Particulars relating to the quantities and the places standard rate in advance ; where the products are stored may be obtained from the addresses given in Annex II. Whereas Commission Regulation (EEC) No 242/90 (s) concerning the sale of 2 800 tonnes of intervention butter Article 2 did not reach its desired goal ; whereas it is therefore necessary to repeal the said Regulation and to put back 1 . Tenders, which shall be in writing, shall be on sale the quantities still held by the relevant agencies ; submitted either by registered post or delivered by hand Whereas in view of the current butter stock situation it is to the intervention agency against acknowledgement of receipt, or by any written means of telecommunication . possible to offer butter for sale in accordance with the conditions laid down in the Annexes to this Regulation ; 2. Tenders shall state :

Whereas the Management Committee for Milk and Milk (a) the name and address of the tenderer ; Products has not delivered an opinion within the time (b) the price offered per 100 kilograms of butter having limit set by its chairman, the fat content required, exclusive of internal taxes, ex coldstore, expressed in the currency of the Member State on whose territory the butter is stored ; HAS ADOPTED THIS REGULATION : (c) the quantity of butter applied for, stating its fat content ; (d) the establishment where the total quantity of butter is Article 1 to be concentrated and packed in accordance with Articles 4 and 5 of Regulation (EEC) No 3143/85 and, 1 . The following quantities of intervention butter where appropriate, the establishment where the total intended for direct consumption in the form of concen­ quantity of -concentrated butter is to be packed for trated butter shall be put up for sale in two stages marketing. However, with the agreement of the pursuant to Article 2a of Regulation (EEC) No 3143/85 : competent agency, the total quantity of concentrated butter may be packed for marketing in an — 800 tonnes held by the Irish intervention agency and establishment other than that indicated in the tender ; taken into storage before 1 June 1987, (e) where appropriate, the Member State on whose — 1 400 tonnes held by the United Kingdom territory the butter is to be processed into concen­ intervention agency and taken into storage before 1 trated butter and tracers are to be added . July 1987. 3 . A tender shall not be valid unless : (') OJ No L 148, 28 . 6. 1968, p. 13. (a) it is accompanied by a written undertaking to use in (2) OJ No L 378, 27. 12. 1989, p. 1 . accordance with Regulation (EEC) No 3143/85 the 0 OJ No L 299, 12. 11 . 1985, p. 9 . (4) OJ No L 261 , 7. 9. 1989, p. 6. quantity of butter stipulated in the tender for 0 OJ No L 27, 31 . 1 . 1990, p. 5 . processing into concentrated butter ;

No L 45/ 6 Official Journal of the European Communities 21 . 2. 90

(b) it relates only to butter having the same fat content ; intervention agency an amount corresponding to his tender for each quantity which he intends to remove from (c) it relates to a quantity of at least one tonne. However, store . if the butter has to be allocated proportionally and the quantity obtained by the tenderer is less than one 2. Except in cases of force majeure, if the successful tonne, the quantity obtained shall constitute the tenderer has not made the payment within the specified minimum quantity for tender ; period the tendering security referred to in Article 3 shall (d) proof is furnished that, before expiry of the period set be forfeited and the sale shall be cancelled in respect of for the submission of tenders, the tenderer has lodged the remaining quantities . the tendering security referred to in Article 3 ( 1 ).

4. No tender may be withdrawn after the closing date Article 7 specified in Article 1 (5). 1 . When the amount referred to in Article 6 ( 1 ) has Article 3 been paid and the destination security has been lodged, the intervention agency shall issue a removal warrant 1 . For the purposes of this Regulation, maintenance of indicating : the tender after the closing date for the submission of (a) the quantity in respect of which the conditions tenders, payment of the price and lodging of the referred to above have been satisfied and the tender, destination security referred to in Article 2a (5) of identified by a serial number, to which it relates ; Regulation (EEC) No 3143/85 shall constitute primary requirements compliance with which shall be ensured by (b) the coldstore where it is stored ; the lodging of a tendering security of ECU 1 50 per tonne. (c) the final date for removing the butter ; (d) the final date for processing and packing. 2. Tendering securities shall be lodged in the Member State in which the tender is submitted. 2. If the payment referred to in Article 6 (1 ) has been However, if the tender states, in accordance with Article 2 made without removal of the butter having been effected within the period referred to above, the successful (2), that the manufacture of the concentrated butter and tenderer shall bear the cost and risk of storing the butter the addition of tracers provided for in Article 5 (2) of with effect from the day following that referred to in Regulation (EEC) No 3143/85 are effected in a Member State other than the Member State in which the offer has paragraph 1 (c). Removal may be effected by instalments. been lodged, the tendering security may be lodged with 3. The butter shall be handed over by the intervention the competent authority designated by the Member State agency in packages bearing, in clear and legible print, the where the processing will take place and which shall issue statement referred to in Article 3 (2) of Regulation (EEC) to the tenderer the proof referred to in Article 2 (3) (d). No 3143/85.

Article 4 The butter shall remain in its original packaging until the start of the processing operations in accordance with 1 . Tenders shall be rejected if the price offered is lower Article 4 of that Regulation. than the minimum price fixed for the tendering procedure. Article 8 2. Rights and obligations arising in connection with the invitation to tender shall not be transferable. 1 . The applications to purchase referred to in Article 1 (5) shall be, mutatis mutandis, submitted and Article 5 admissible under the conditions laid down in Article 2 ( 1 ), (2) (a), (c), (d) and (3) (a), (b) and (c). 1 . Each tenderer shall be notified by the intervention 2. The contract shall be concluded under the agency of the result of his participation in the tendering procedure within the time limit referred to in the fourth conditions referred to in Article 2 (4) of Regulation (EEC) No 3143 /85 subparagraph of Article 2a (3) of Regulation (EEC) No 3143/85. Article 9 2 . Where the tenderer has been declared successful such notification shall indicate : The destination security referred to in Article 3 ( 1 ) shall (a) the quantity of butter sold ; be ECU 200 per 100 kilograms. (b) the sum of the destination security ; (c) the final date for processing into concentrated butter Article 10 of the quantity of butter contained in the tender and Regulation (EEC) No 242/90 is hereby repealed. for its packing.

Article6¶

1 . The successful tenderer shall, before the removal of This Regulation shall enter into force on the day of its the butter and within the time limit of 15 days specified publication in the Official Journal of the European in Article 2a (6) of Regulation (EEC) No 3143/85, pay the Communities.

21 . 2. 90 Official Journal of the European Communities No L 45/7

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

Done at Brussels, 20 February 1990.

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

Ireland Butter > 80 800 130 United Kingdom Butter > 80 1 400 130

ANNEX II

Addresses of the intervention agencies — Department of Agriculture and Food, Dairying (Trade) Division, Agriculture House, Kildare Street, IRL-Dublin 2 : tel. (35 31)78 90 11 , telex 93607 agri-ei, telefax 616263 ; — Internal Market Division, Intervention Board for Agricultural Produce, Fountain House, 2 Queens Walk, UK-Reading, Berks RG1 7QW ; tel. (44) 734-58 36 26, telex 848302.