Commission Regulation (EEC) No 2173/79 of 4 October 1979 on detailed rules of application for the disposal of beef bought in by intervention agencies and repealing Regulation (EEC) No 216/69
Modified by
Commission Regulation (EEC) No 1809/87of 29 June 1987adapting certain Regulations in the beef and veal sector in respect of the system of securities for agricultural products, 31987R1809, June 30, 1987
Commission Regulation (EEC) No 1759/93of 1 July 1993concerning the operative events determining the agricultural conversion rates to be applied in the beef and veal sector, 31993R1759, July 2, 1993
Commission Regulation (EC) No 2417/95of 13 October 1995updating and amending Regulations in the beef sector fixing before 1 February 1995 certain prices and amounts whose values in ecus have been adjusted because of the abolition of the corrective factor in agricultural conversion rates, 31995R2417, October 14, 1995
Commission Regulation (EC) No 2247/2004of 27 December 2004repealing certain Regulations in the beef and veal sector and Regulation (EEC) No 3882/90 in the sheepmeat and goatmeat sector, 32004R2247, December 28, 2004
Commission Regulation (EEC) No 2173/79of 4 October 1979on detailed rules of application for the disposal of beef bought in by intervention agencies and repealing Regulation (EEC) No 216/69THE 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 vealOJ No L 148, 28. 6. 1968, p. 24., as last amended by Regulation (EEC) No 425/77OJ No L 61, 5. 3. 1977, p. 1., and in particular Articles 7 (3) and 25 thereof,Having regard to Council Regulation (EEC) No 878/77 of 26 April 1977 on the rates of exchange to be applied in agricultureOJ No L 106, 29. 4. 1977, p. 27., as last amended by Regulation (EEC) No 2139/79OJ No L 246, 29. 9. 1979, p. 76.,Whereas products bought in by intervention agencies pursuant to Articles 5 and 6 of Regulation (EEC) No 805/68 must be disposed of in such a way as to avoid disturbance of the market and to ensure equal access to the products and equal treatment of purchasers;Whereas Article 2 of Council Regulation (EEC) No 98/69OJ No L 14, 21. 1. 1969, p. 2., provides that selling prices may be fixed in advance or determined by means of an invitation to tender;Whereas equal access to the products and equal treatment of purchasers can be ensured if, when the selling price is fixed in advance, the intervention agencies accept applications in the order in which they are received, all applications received on any one day being treated as having been received simultaneously, until supplies are exhausted;Whereas, where the selling price is determined by means of an invitation to tender, these principles can be respected by publishing the invitation in good time in the Official Journal of the European Communities, in addition to its possible display at the offices of the intervention agency concerned and to any other national publicity;Whereas, since the object of the tendering procedure is to obtain the best price, the award must go to the highest tender; whereas there should also be provision for the case in which more than one tender is submitted at the same price for the same quantity; whereas, however, the highest price can be accepted only if it corresponds to the actual market situation; whereas minimum selling prices should therefore be determined, in accordance with a Community procedure, having due regard to the tenders received;Whereas, to ensure efficiency in the disposal of stored products, minimum sale quantities should be laid down, varying according to the particular marketing conditions applying to each product;Whereas invitations to tender and applications must include sufficient information to allow proper identification of the products concerned;Whereas the submission of an application or a tender is facilitated if prospective purchasers are permitted to inspect the products; whereas it should consequently be provided that the parties concerned waive in advance their right to lodge any complaint in respect of the quality and characteristics of the product which may be assigned to them;Whereas fulfilment of the obligations contracted must be guaranteed through the lodging of a security which can be partly or wholly forfeited depending on the gravity of the breaches involved; whereas the additional cost involved when a contract is only partly executed justifies complete forfeiture when less than 60 % of the quantity initially contracted for is taken over;Whereas it should be left to Member States to adopt their own positions as to the gravity of breaches of certain subsidiary obligations included in sale contracts, having regard to their great diversity;Whereas, so that these operations may be carried out expeditiously, it should be laid down that the rights and obligations involved in a sale contract or a tender must be exercised or fulfilled within certain time limits;Whereas Member States should inform the Commission at regular intervals of the quantities sold so that the Commission may be able to assess the progress of disposal;Whereas, in order to facilitate the sale procedures mentioned above, dates must be fixed for the determination of the exchange rate used to convert prices fixed in advance into national currency and to determine the minimum sale price and convert it into national currency;Whereas under Article 4 (2) of Council Regulation (EEC) No 1134/68OJ No L 188, 1. 8. 1968, p. 1. the sums defined therein are paid on the basis of the conversion rate which obtained at the time when the operation or part thereof was carried out; whereas Article 6 of the abovementioned Regulation defines the time when an operation is carried out as the date on which occurs the event defined by Community rules, or, in the absence of and pending adoption of such rules, by the rules of the Member State concerned, as a result of which the amount involved in the operation becomes due and payable; whereas, however, under the terms of Article 4 (3) of Regulation (EEC) No 878/77 exceptions may be granted to the abovementioned provisions;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: