Avis juridique important

Commission Regulation (EEC) No 1591/85 of 12 June 1985 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of bone-in beef and veal held by certain intervention agencies and intended for export, and amending Regulation (EEC) No 1687/76 Official Journal L 154 , 13/06/1985 P. 0031 - 0037 Spanish special edition: Chapter 03 Volume 35 P. 0102 Portuguese special edition Chapter 03 Volume 35 P. 0102

***** COMMISSION REGULATION (EEC) No 1591/85 of 12 June 1985 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of bone-in beef and veal held by certain intervention agencies and intended for export, and amending Regulation (EEC) No 1687/76 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by the Act of Accession of Greece, and in particular Article 7 (3) thereof, Whereas Commission Regulation (EEC) No 2539/84 of 5 September 1984 laying down detailed rules for certain sales of frozen beef held by intervention agencies (2) provides for the possibility of applying a two-stage procedure for selling beef from intervention stocks; Whereas certain intervention agencies have substantial stocks of intervention bone-in meat; whereas outlets exist in certain non-member countries for the products in question, in particular after boning; whereas these products should therefore be authorized for export without further processing or after boning; whereas, in the case of boning, all meat obtained from boning should be required to be exported; Whereas the said meat should be sold by the procedure laid down in Regulation (EEC) No 2539/84; Whereas provision should be made for a security of a sufficiently high amount to be lodged in order to guarantee the exportation of the meat; Whereas products held by intervention agencies and intended for export are subject to Commission Regulation (EEC) No 1687/76 (3), as last amended by Regulation (EEC) No 1226/85 (4); whereas the Annex to the said Regulation should be extended as regards the endorsements to be entered on the control copies; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal, HAS ADOPTED THIS REGULATION: Article 1 1. The following approximate quantities shall be put up for sale: - 11 000 tonnes of bone-in beef held by the Italian intervention agency, - 2 100 tonnes of bone-in beef held by the Danish intervention agency, - 2 200 tonnes of bone-in beef held by the German intervention agency, - 1 000 tonnes of bone-in beef held by the Belgian intervention agency, - 5 850 tonnes of bone-in beef held by the Irish intervention agency, - 3 800 tonnes of bone-in beef held by the Dutch intervention agency, - 10 400 tonnes of bone-in beef held by the French intervention agency. This shall be meat taken over before 1 January 1984. The qualities and minimum prices as referred to in Article 3 (1) of Regulation (EEC) No 2539/84 are set out in Annex I hereto. 2. The sale shall be conducted in accordance with the provisions of Regulation (EEC) No 2539/84. Regulation (EEC) No 985/81 shall not apply to this sale. 3. To be considered, tenders must reach the intervention agencies concerned by 12 noon on 20 June 1985. 4. Information concerning the quantities available and the places where the products are stored may be obtained by prospective purchasers from the addresses listed in Annex II hereto. Article 2 1. The meat must be exported to one of the destinations for which a refund is fixed in respect of products falling within subheading 02.01 A II b) 4 bb) of the Common Customs Tariff. Exportation must be effected either without further processing or after boning, according to the choice made by the trader in the purchase application. 2. In addition to the particulars referred to in Article 2 (2) of Commission Regulation (EEC) No 2173/79 (1), traders must state in their purchase applications whether the meat will be exported without further processing or after boning. 3. In the event of boning, the total quantity of the product specified in the contract must be boned in the same Member State. 4. The meat must be exported within five months of the date on which the sales contract is concluded. Article 3 1. The security referred to in Articles 2 (2) and 8 (2) of Regulation (EEC) No 2173/79 shall be 50 ECU per tonne. 2. By way of derogation from the second indent of Article 15 (2) (a) of Regulation (EEC) No 2173/79, and without prejudice to Article 16 of the said Regulation, the security referred to in Article 15 (1) of that Regulation shall be released as soon as the purchaser has paid for the total quantity of the product specified in the contract. 3. A security intended to guarantee the export and, where relevant, the boning of the products shall be provided by the purchaser before the contract is concluded and no later than two weeks after the purchase application has been lodged. The amount of this security shall be fixed at 120 ECU per 100 kilograms. In cases where Article 13 (3) of Regulation (EEC) No 1687/76 is applied, the contract of sale may be concluded only after the intervention body holding the products has received the certificate referred to in the said paragraph. Article 4 1. In case of boning, the total quantity of meat obtained from boning must be exported. However, the following may be marketed in the Community: bones, large tendons, cartilages, pieces of fat and other scraps left over from boning. The quantity of meat exported must be at least 68 % of the gross weight of the meat on removal from intervention stocks. 2. The security referred to in Article 3 (3) shall be released only when the proof referred to in Article 12 of Regulation (EEC) No 1687/76 has been furnished for all meat obtained from boning. In addition, Article 13 (4) of the said Regulation shall apply. The said proof shall be furnished within the time limit referred to in Article 31 of Commission Regulation (EEC) No 2730/79 (2). Article 5 1. The bags, cartons or other packaging material in which the boned cuts are placed shall be officially sealed by the competent authorities and bear particulars enabling the boned meat to be identified, in particular the net weight, the type and the number of the cuts and a serials number. 2. Where the boned cuts ar made subject to the arrangement referred to in Article 5 of Council Regulation (EEC) No 565/80 (3), the operations referred to in Article 4 (5) points 2, 3 and 4 of Commission Regulation (EEC) No 798/80 (4) shall not be authorized. Article 6 1. As regards the meat in respect of which the purchase application includes an endorsement to the effect that it will be boned before being exported, the removal order referred to in Article 6 (1) of Regulation (EEC) No 1687/76 and the documents referred to in Article 12 (a) of the said Regulation shall include one of the following endorsements: - 'Til udbening og senere udfoersel (forordning (EOEF) nr. 1591/85)', - 'Zum Entbeinen und zur spaeteren Ausfuhr (Verordnung (EWG) Nr. 1591/85) bestimmt', - 'Proorizómeno gia afaíresi kokálon kai gia metagenésteri exagogí (kanonismós (EOK) arith. 1591/85)', - 'For boning and subsequent export (Regulation (EEC) No 1591/85)', - 'Destiné au désossage et à l'exportation ultérieure (règlement (CEE) no 1591/85)', - 'Destinato al disossamento e successivamente all'esportazione (regolamento (CEE) n. 1591/85)', - 'Bestemd voor uitvoer na uitbening (Verordening (EEG) nr. 1591/85)'. 2. As regards the meat in respect of which the purchase application includes an endorsement to the effect that it will be exported without further processing, the removal order referred to in Article 6 of Regulation (EEC) No 1687/76 shall include one of the following endorsements: - 'Til udfoersel i uaendret stand (forordning (EOEF) nr. 1591/85) ', - 'Zur Ausfuhr in unveraendertem Zustand (Verordnung (EWG) Nr. 1591/85)', - 'Proorízetai gia tin exagogí os échei (kanonismós (EOK) arith. 1591/85)', - 'For export without further processing (Regulation (EEC) No 1591/85)', - 'Destiné à l'exportation en l'état (règlement (CEE) no 1591/85)', - 'Destinato all'esportazione tal qthale (regolamento (PSEE) n. 1591/85)', - 'Bestemd voor uitvoer in ongewijzigde staat (Verordening (EEG) nr. 1591/85)'. Article 7 Regulation (EEC) No 1687/76 is hereby amended as follows: 1. In Part I of the Annex, 'Products to be exported in the same state as that in which they were when removed from intervention stock', the following item and footnote are added: '18. Commission Regulation (EEC) No 1591/85 of 12 June 1985 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of bone-in beef and veal held by certain intervention agencies and intended for export (18); (18) OJ No L 154, 13. 5. 1985, p. 31.' 2. The following point 31 and the footnote relating thereto are added to Part II of the Annex entitled 'Products subject to a use and/or destination other than that mentioned under I': '31. Commission Regulation (EEC) No 1591/85 of 12 June 1985 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of bone-in beef and veal held by certain intervention agencies and intended for export (31); (a) On the dispatch of bone-in meat for boning: - Section 104: - "Til udbening og senere udfoersel (forordning (EOEF) nr. 1591/85)" - "Zum Entbeinen und zur spaeteren Ausfuhr (Verordnung (EWG) Nr. 1591/85) bestimmt", - "Proorízetai gia afaíresi ton kokálon kai gia metagenésteri exagogí (kanonismós (EOK) arith. 1591/85)", - "For boning and subsequent export (Regulation (EEC) No 1591/85)", - "Destin au désossage et à l'exportation ultérieure (règlement (CEE) no 1591/85)", - "Destinato al disossamento e alla successiva esportazione (regolamento (CEE) n. 1591/85)", - "Bestemd voor uitvoer na uitbening (Verordening (EEG) nr. 1591/85)". - Section 106: - The date on which the contract of sale was concluded. - The weight of the meat on removal from intervention stocks. (b) On the export of the boned cuts - Section 104: - "Til udfoersel (forordning (EOEF) nr. 1591/85)", - "Zur Ausfuhr (Verordnung (EWG) Nr. 1591/85) bestimmt", - "Proorízetai gia tin exagogí (kanonismós (EOK) arith. 1591/85)", - "For export (Regulation (EEC) No 1591/85)", - "Destinée à l'exportation (règlement (CEE) no 1591/85)", - "Destinata all'esportazione (regolamento (CEE) n. 1591/85)", - "Bestemd voor uitvoer (Verordening (EEG) nr. 1591/85)". - Section 106: - The date on which the contract of sale was concluded. - The weight of the meat on removal from intervention stocks.' (31) OJ No L 154, 13. 6. 1985, p. 31.' Article 8 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 June 1985. For the Commission Frans ANDRIESSEN Vice-President (1) OJ No L 148, 28. 6. 1968, p. 24. (2) OJ No L 238, 6. 9. 1984, p. 13. (3) OJ No L 190, 14. 7. 1976, p. 1. (4) OJ No L 125, 11. 5. 1985, p. 10. (1) OJ No L 251, 5. 10. 1979, p. 12. (2) OJ No L 317, 12. 12. 1979, p. 1. (3) OJ No L 62. 7. 3. 1980, p. 5. (4) OJ No L 87, 1. 4. 1980, p. 42.

*****

COMMISSION REGULATION (EEC) No 1591/85

of 12 June 1985

on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of bone-in beef and veal held by certain intervention agencies and intended for export, and amending Regulation (EEC) No 1687/76

THE COMMISSION OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by the Act of Accession of Greece, and in particular Article 7 (3) thereof,

Whereas Commission Regulation (EEC) No 2539/84 of 5 September 1984 laying down detailed rules for certain sales of frozen beef held by intervention agencies (2) provides for the possibility of applying a two-stage procedure for selling beef from intervention stocks;

Whereas certain intervention agencies have substantial stocks of intervention bone-in meat; whereas outlets exist in certain non-member countries for the products in question, in particular after boning; whereas these products should therefore be authorized for export without further processing or after boning; whereas, in the case of boning, all meat obtained from boning should be required to be exported;

Whereas the said meat should be sold by the procedure laid down in Regulation (EEC) No 2539/84;

Whereas provision should be made for a security of a sufficiently high amount to be lodged in order to guarantee the exportation of the meat;

Whereas products held by intervention agencies and intended for export are subject to Commission Regulation (EEC) No 1687/76 (3), as last amended by Regulation (EEC) No 1226/85 (4); whereas the Annex to the said Regulation should be extended as regards the endorsements to be entered on the control copies;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

1. The following approximate quantities shall be put up for sale:

- 11 000 tonnes of bone-in beef held by the Italian intervention agency,

- 2 100 tonnes of bone-in beef held by the Danish intervention agency,

- 2 200 tonnes of bone-in beef held by the German intervention agency,

- 1 000 tonnes of bone-in beef held by the Belgian intervention agency,

- 5 850 tonnes of bone-in beef held by the Irish intervention agency,

- 3 800 tonnes of bone-in beef held by the Dutch intervention agency,

- 10 400 tonnes of bone-in beef held by the French intervention agency.

This shall be meat taken over before 1 January 1984.

The qualities and minimum prices as referred to in Article 3 (1) of Regulation (EEC) No 2539/84 are set out in Annex I hereto.

2. The sale shall be conducted in accordance with the provisions of Regulation (EEC) No 2539/84. Regulation (EEC) No 985/81 shall not apply to this sale.

3. To be considered, tenders must reach the intervention agencies concerned by 12 noon on 20 June 1985.

4. Information concerning the quantities available and the places where the products are stored may be obtained by prospective purchasers from the addresses listed in Annex II hereto.

Article 2

1. The meat must be exported to one of the destinations for which a refund is fixed in respect of products falling within subheading 02.01 A II b) 4 bb) of the Common Customs Tariff. Exportation must be effected either without further processing or after boning, according to the choice made by the trader in the purchase application.

2. In addition to the particulars referred to in Article 2 (2) of Commission Regulation (EEC) No 2173/79 (1), traders must state in their purchase applications whether the meat will be exported without further processing or after boning.

3. In the event of boning, the total quantity of the product specified in the contract must be boned in the same Member State.

4. The meat must be exported within five months of the date on which the sales contract is concluded.

1. The security referred to in Articles 2 (2) and 8 (2) of Regulation (EEC) No 2173/79 shall be 50 ECU per tonne.

2. By way of derogation from the second indent of Article 15 (2) (a) of Regulation (EEC) No 2173/79, and without prejudice to Article 16 of the said Regulation, the security referred to in Article 15 (1) of that Regulation shall be released as soon as the purchaser has paid for the total quantity of the product specified in the contract.

3. A security intended to guarantee the export and, where relevant, the boning of the products shall be provided by the purchaser before the contract is concluded and no later than two weeks after the purchase application has been lodged.

The amount of this security shall be fixed at 120 ECU per 100 kilograms.

In cases where Article 13 (3) of Regulation (EEC) No 1687/76 is applied, the contract of sale may be concluded only after the intervention body holding the products has received the certificate referred to in the said paragraph.

Article 4

1. In case of boning, the total quantity of meat obtained from boning must be exported.

However, the following may be marketed in the Community: bones, large tendons, cartilages, pieces of fat and other scraps left over from boning.

The quantity of meat exported must be at least 68 % of the gross weight of the meat on removal from intervention stocks.

2. The security referred to in Article 3 (3) shall be released only when the proof referred to in Article 12 of Regulation (EEC) No 1687/76 has been furnished for all meat obtained from boning.

In addition, Article 13 (4) of the said Regulation shall apply.

The said proof shall be furnished within the time limit referred to in Article 31 of Commission Regulation (EEC) No 2730/79 (2).

Article 5

1. The bags, cartons or other packaging material in which the boned cuts are placed shall be officially sealed by the competent authorities and bear particulars enabling the boned meat to be identified, in particular the net weight, the type and the number of the cuts and a serials number.

2. Where the boned cuts ar made subject to the arrangement referred to in Article 5 of Council Regulation (EEC) No 565/80 (3), the operations referred to in Article 4 (5) points 2, 3 and 4 of Commission Regulation (EEC) No 798/80 (4) shall not be authorized.

Article 6

1. As regards the meat in respect of which the purchase application includes an endorsement to the effect that it will be boned before being exported, the removal order referred to in Article 6 (1) of Regulation (EEC) No 1687/76 and the documents referred to in Article 12 (a) of the said Regulation shall include one of the following endorsements:

- 'Til udbening og senere udfoersel (forordning (EOEF) nr. 1591/85)',

- 'Zum Entbeinen und zur spaeteren Ausfuhr (Verordnung (EWG) Nr. 1591/85) bestimmt',

- 'Proorizómeno gia afaíresi kokálon kai gia metagenésteri exagogí (kanonismós (EOK) arith. 1591/85)',

- 'For boning and subsequent export (Regulation (EEC) No 1591/85)',

- 'Destiné au désossage et à l'exportation ultérieure (règlement (CEE) no 1591/85)',

- 'Destinato al disossamento e successivamente all'esportazione (regolamento (CEE) n. 1591/85)',

- 'Bestemd voor uitvoer na uitbening (Verordening (EEG) nr. 1591/85)'.

2. As regards the meat in respect of which the purchase application includes an endorsement to the effect that it will be exported without further processing, the removal order referred to in Article 6 of Regulation (EEC) No 1687/76 shall include one of the following endorsements:

- 'Til udfoersel i uaendret stand (forordning (EOEF) nr. 1591/85) ',

- 'Zur Ausfuhr in unveraendertem Zustand (Verordnung (EWG) Nr. 1591/85)',

- 'Proorízetai gia tin exagogí os échei (kanonismós (EOK) arith. 1591/85)',

- 'For export without further processing (Regulation (EEC) No 1591/85)',

- 'Destiné à l'exportation en l'état (règlement (CEE) no 1591/85)',

- 'Destinato all'esportazione tal qthale (regolamento (PSEE) n. 1591/85)',

- 'Bestemd voor uitvoer in ongewijzigde staat (Verordening (EEG) nr. 1591/85)'.

Regulation (EEC) No 1687/76 is hereby amended as follows:

1. In Part I of the Annex, 'Products to be exported in the same state as that in which they were when removed from intervention stock', the following item and footnote are added:

'18. Commission Regulation (EEC) No 1591/85 of 12 June 1985 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of bone-in beef and veal held by certain intervention agencies and intended for export (18);

(18) OJ No L 154, 13. 5. 1985, p. 31.'

2. The following point 31 and the footnote relating thereto are added to Part II of the Annex entitled 'Products subject to a use and/or destination other than that mentioned under I':

'31. Commission Regulation (EEC) No 1591/85 of 12 June 1985 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of bone-in beef and veal held by certain intervention agencies and intended for export (31);

(a) On the dispatch of bone-in meat for boning:

- Section 104:

- "Til udbening og senere udfoersel (forordning (EOEF) nr. 1591/85)"

- "Zum Entbeinen und zur spaeteren Ausfuhr (Verordnung (EWG) Nr. 1591/85) bestimmt",

- "Proorízetai gia afaíresi ton kokálon kai gia metagenésteri exagogí (kanonismós (EOK) arith. 1591/85)",

- "For boning and subsequent export (Regulation (EEC) No 1591/85)",

- "Destin au désossage et à l'exportation ultérieure (règlement (CEE) no 1591/85)",

- "Destinato al disossamento e alla successiva esportazione (regolamento (CEE) n. 1591/85)",

- "Bestemd voor uitvoer na uitbening (Verordening (EEG) nr. 1591/85)".

- Section 106:

- The date on which the contract of sale was concluded.

- The weight of the meat on removal from intervention stocks.

(b) On the export of the boned cuts

- Section 104:

- "Til udfoersel (forordning (EOEF) nr. 1591/85)",

- "Zur Ausfuhr (Verordnung (EWG) Nr. 1591/85) bestimmt",

- "Proorízetai gia tin exagogí (kanonismós (EOK) arith. 1591/85)",

- "For export (Regulation (EEC) No 1591/85)",

- "Destinée à l'exportation (règlement (CEE) no 1591/85)",

- "Destinata all'esportazione (regolamento (CEE) n. 1591/85)",

- "Bestemd voor uitvoer (Verordening (EEG) nr. 1591/85)".

- Section 106:

- The date on which the contract of sale was concluded.

- The weight of the meat on removal from intervention stocks.'

(31) OJ No L 154, 13. 6. 1985, p. 31.'

Article 8

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 June 1985.

For the Commission

Frans ANDRIESSEN

Vice-President

(1) OJ No L 148, 28. 6. 1968, p. 24.

(2) OJ No L 238, 6. 9. 1984, p. 13.

(3) OJ No L 190, 14. 7. 1976, p. 1.

(4) OJ No L 125, 11. 5. 1985, p. 10.

(1) OJ No L 251, 5. 10. 1979, p. 12.

(2) OJ No L 317, 12. 12. 1979, p. 1.

(3) OJ No L 62. 7. 3. 1980, p. 5.

(4) OJ No L 87, 1. 4. 1980, p. 42.