Commission Regulation (EC) No 1669/2006 (repealed)Show full title

CHAPTER II BUYING-IN

SECTION 1 General rules

Article 2 Intervention regions in the United Kingdom

The United Kingdom shall consist of two intervention regions as follows:

• region I: Great Britain,

• region II: Northern Ireland.

Article 3 Opening and closure of buying-in by invitation to tender

Article 27 of Regulation (EC) No 1254/1999 shall apply in accordance with the following rules:

(a)

with a view to ascertaining that the conditions laid down in paragraph 1 of that Article are fulfilled:

• the average market price by eligible category in a Member State or in a region thereof shall take account of the prices for qualities U, R and O, expressed in quality R3 using the coefficients set out in Annex I to this Regulation, in the Member State or region concerned,

• the average market prices shall be recorded in accordance with the conditions and in respect of the qualities laid down in Commission Regulation (EC) No 295/96(1),

• the average market price by eligible category in a Member State or a region thereof shall be the average of the market prices for all the qualities referred to in the second indent, weighted by the proportion each represents of total slaughterings in that Member State or region;

(b)

decisions to open buying-in shall be made by category and Member State or region thereof on the basis of the two most recent weekly market prices recorded;

(c)

decisions to close buying-in shall be made by category and Member State or region thereof on the basis of the most recent weekly market prices recorded.

Article 4 Conditions for the eligibility of products

1. The products listed in Annex II to this Regulation and falling within the following categories defined in Article 4(1) of Council Regulation (EC) No 1183/2006(2) may be bought in:

(a) meat of uncastrated young male animals of less than two years of age (category A);

(b) meat of castrated male animals (category C).

2. Carcasses and half-carcasses may be bought in only where they:

(a) have obtained the health mark referred to in Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council(3);

(b) have no characteristics rendering the products derived from them unfit for storage or subsequent use;

(c) do not come from animals slaughtered as a result of emergency measures;

(d) originate in the Community within the meaning of Article 39 of Commission Regulation (EEC) No 2454/93(4);

(e) are derived from animals raised in accordance with the prevailing veterinary requirements;

(f) do not exceed the maximum radioactivity levels permitted under Community regulations. The level of radioactive contamination of the product shall be monitored only if the situation so requires and only for as long as is necessary. The duration and scope of any controls necessary shall be determined in accordance with the procedure referred to in Article 43(2) of Regulation (EC) No 1254/1999;

(g) come from carcasses not weighing more than 340 kg.

3. Carcasses and half-carcasses may be bought in only where they are:

(a) presented, where appropriate after cutting into quarters at the expense of the party concerned, in accordance with Annex III to this Regulation. In particular, parts of the carcass must be inspected to assess compliance with the requirements of point 2 of that Annex. The failure to comply with any of those requirements shall result in rejection; where a quarter is rejected for failure to comply with such conditions of presentation and in particular where unsatisfactory presentation cannot be improved during the acceptance procedure, the other quarter of the same half carcass shall also be rejected;

(b) classified in accordance with the Community scale provided for in Regulation (EC) No 1183/2006. The intervention agencies shall reject any products which they do not deem to be classified in conformity with that scale after conducting a detailed inspection of all parts of the carcass;

(c) identified, first, by markings indicating the category, the conformation class and the degree of fat cover and, secondly, by an identification or slaughter number. Markings indicating the category, conformation class and fat cover must be perfectly legible and shall be stamped using non-toxic, fast, indelible ink in accordance with a procedure approved by the competent national authorities. The letters and figures must be at least 2 cm high. The markings shall be applied to the striploin at the level of the fourth lumbar vertebra on hindquarters and approximately 10 to 30 cm from the cut edge of the sternum on forequarters. The identification or slaughter number shall be marked in the middle of the inner side of each quarter using a stamp or indelible marker authorised by the intervention agency;

(d) labelled in accordance with the system introduced by European Parliament and Council Regulation (EC) No 1760/2000(5).

Article 5 Intervention centres

1. The intervention centres shall be selected by the Member States with a view to ensuring the effectiveness of intervention measures.

The facilities at these centres must permit:

(a) bone-in meat to be taken over;

(b) freezing of all meat to be preserved without further processing;

(c) storage of such meat for at least three months under technically satisfactory conditions.

2. Only intervention centres whose cutting plants and refrigeration plants are unconnected with the slaughterhouse and/or the successful tenderer and which are operated, managed and staffed independently of the slaughterhouse and/or the successful tenderer may be selected for bone-in meat intended for boning.

In case of practical difficulties, Member States may derogate from the first subparagraph, provided that they tighten controls at the time of acceptance in accordance with Article 14(5).

SECTION 2 Tendering and takeover

Article 6 Opening and closure of invitations to tender

1. Notices of invitation to tender, amendments thereto and closure thereof shall be published in the Official Journal of the European Union no later than the Saturday before the closing date for the submission of tenders.

2. When invitations to tender are issued, a minimum price below which tenders shall not be admissible may be fixed.

Article 7 Submission and notification of tenders

During the period covered by the invitation to tender, the deadline for the submission of tenders shall be 12 noon (Brussels time) on the second and fourth Tuesdays of each month, with the exception of the second Tuesday of August and the fourth Tuesday of December when no submission of tenders shall take place. If the Tuesday falls on a public holiday, the deadline shall be brought forward by 24 hours. Within 24 hours of the deadline for the submission of tenders, the intervention agencies shall notify the Commission of the tenders they have received.

Article 8 Conditions to be met for tendering

1. Only the following may submit tenders:

(a) slaughterhouses for bovine animals registered or approved in accordance with Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council(6), whatever their legal status; and

(b) livestock or meat traders who have slaughtering undertaken therein on their own account and who are entered in a national VAT register.

2. In response to invitations to tender, interested parties shall submit their tenders to the intervention agencies of the Member States where they have been issued, either by lodging a written bid against a receipt or by any other written means of communication accepted by the intervention agency, with advice of receipt.

The submission of tenders may be the subject of contracts on terms laid down by the intervention agencies and in accordance with their specifications.

3. Interested parties may submit only one tender per category in response to each invitation to tender.

The Member States shall ensure that tenderers are independent of each other in terms of their management, staffing and operations.

Where there are serious indications to the contrary or that tenders are not in line with economic facts, tenders shall be deemed admissible only where the tenderer presents suitable evidence of compliance with the second subparagraph.

Where it is established that a tenderer has submitted more than one tender, all the tenders from that tenderer shall be deemed inadmissible.

4. Tenders shall state:

(a) the name and address of the tenderer;

(b) the quantity tendered, expressed in tonnes, of the products of the categories specified in the notice of invitation to tender;

(c) the price quoted in accordance with Article 15(3), expressed per 100 kg of products of quality R3 in euro rounded to not more than two decimal places.

5. Tenders shall be valid only if:

(a) they relate to at least 10 tonnes;

(b) they are accompanied by a written undertaking from the tenderer to comply with all the provisions relating to the invitation to tender concerned; and

(c) proof is furnished that by the deadline for the submission of tenders the tenderer has lodged a tendering security as provided for in Article 9 in respect of the invitation to tender concerned.

6. Tenders may not be withdrawn after the expiry of the deadline for submission specified in Article 7.

7. Tenders shall be confidential.

Article 9 Securities

1. The maintenance of tenders after the deadline for the submission of tenders and the delivery of the products to the store designated by the intervention agency within the timelimit laid down in Article 13(2) shall constitute primary requirements, the fulfilment of which shall be ensured by the lodging of a security of EUR 30 per 100 kg.

Securities shall be lodged with the intervention agency in the Member State in which the tender is submitted.

2. Securities shall be lodged only in the form of cash deposits as defined in Article 13 and Article 14(1) and (3) of Commission Regulation (EEC) No 2220/85(7).

3. In the case of tenders which are not accepted, securities shall be released as soon as the outcome of the invitation to tender is published.

In the case of tenders which are accepted, securities shall be released on completion of takeover of the products, without prejudice to Article 14(7) of this Regulation.

Article 10 Award

1. In the light of the tenders received in response to each invitation to tender and in accordance with the procedure referred to in Article 43(2) of Regulation (EC) No 1254/1999, a maximum buying-in price relating to quality R3 shall be fixed per category.

Where the particular circumstances so require, a different price may be set by Member State or region thereof to reflect the average market prices recorded.

2. A decision may be taken to make no award.

3. If the total quantities offered at a price equal to or below the maximum price exceed the quantities to be bought in, the quantities awarded may be reduced for each category by applying reducing coefficients, to fall by an amount increasing progressively with the price differential and the quantities covered by the tenders.

Where the particular circumstances so require, such reducing coefficients may vary by Member State or region thereof with a view to ensuring that the intervention mechanisms function properly.

Article 11 Maximum buying-in price

1. Tenders shall not be considered if the price quoted is higher than the average market price recorded by category in each Member State or region thereof, converted into quality R3 using the coefficients set out in Annex I, plus EUR 10 per 100 kg carcass weight.

2. Without prejudice to paragraph 1, tenders shall be rejected if the price quoted is higher than the maximum price as referred to in Article 10 for the invitation to tender concerned.

3. Where the buying-in price awarded to tenderers is higher than the average market price as referred to in paragraph 1, the price awarded shall be adjusted by multiplying it by the coefficient obtained by applying formula A in Annex IV. However, that coefficient may not:

(a) be greater than 1;

(b) result in a reduction in the price awarded that is greater than the difference between that price and the average market price.

Should the Member State possess reliable data and have suitable means of verification, it may decide to calculate the coefficient for each tenderer using formula B in Annex IV.

4. Rights and obligations arising under invitations to tender shall not be transferable.

Article 12 Limitation of buying-in

Where the intervention agencies of the Member States are offered meat in quantities greater than they are able to takeover forthwith, they may limit buying-in to the quantities they can takeover in their territory or in one of their intervention regions.

The Member States shall ensure equality of access for all parties concerned in the event of such limitation.

Article 13 Notification of successful tenderers and delivery

1. The intervention agencies shall inform the individual tenderers immediately of the outcome of their tenders.

Intervention agencies shall issue numbered delivery orders forthwith to the successful tenderers, stating:

(a) the quantity to be delivered;

(b) the price at which the award is made;

(c) the timetable for delivery of the products;

(d) the intervention centre or centres where delivery is to be made.

2. Successful tenderers shall deliver the products not later than 17 calendar days after the first working day following publication of the regulation fixing the maximum buying-in price and the quantities of beef to be bought in.

However, the Commission may, depending on the quantities awarded, extend that period by one week. Deliveries may be split up into more than one consignment. In addition, intervention agencies may, when setting the timetable for deliveries of the products, reduce that period to not less than 14 calendar days.

Article 14 Takeover

1. The intervention agencies shall takeover the meat at the entrance weighing point at the intervention centre's cutting plant.

Products shall be delivered in consignments of a quantity between 10 and 20 tonnes. However, the quantity may be below 10 tonnes only if it is the final balance of the original offer or if the original offer has been scaled back below 10 tonnes.

Products delivered shall be accepted and taken over subject to verification by the intervention agency that they comply with the requirements laid down in this Regulation. Compliance with the requirements laid down in Article 4(2)(e) and in particular the absence of substances prohibited under Article 3 and Article 4(1) of Council Directive 96/22/EC(8) shall be verified by analysis of a sample, the size and sampling of which is laid down in the relevant veterinary legislation.

2. Where no preliminary inspection is conducted immediately before loading at the slaughterhouse loading bay and prior to transport to the intervention centre, half-carcasses shall be identified as follows:

(a) where they are simply marked, the markings must comply with Article 4(3)(c), and a document specifying the identification or slaughter number and the slaughter date relating to the half-carcass shall be completed;

(b) where they are labelled in addition, the labels must comply with Article 1(2), (3) and (4) of Commission Regulation (EEC) No 344/91(9).

Where half-carcasses are cut into quarters, the quartering shall be carried out in accordance with Annex III to this Regulation. With a view to acceptance, quarters shall be grouped by carcass or half-carcass at the time of takeover. Where half-carcasses are not cut into quarters prior to transport to the intervention centre, they shall be cut in accordance with Annex III on their arrival.

At the point of acceptance, each quarter shall be identified by a label complying with Article 1(2), (3) and (4) of Regulation (EEC) No 344/91. The labels shall also show the weight of the quarter and the contract number. The labels shall be affixed directly to shin/shank tendons on the forequarters and hindquarters or neckstrap tendon on the forequarter and hindquarter flank without using metal or plastic ties.

The acceptance procedure shall entail a systematic check of the presentation, classification, weight and labelling of each quarter delivered. The temperature of one hindquarter of each carcass shall also be checked. In particular no carcass shall be accepted where it exceeds the maximum weight laid down in Article 4(2)(g).

3. A preliminary inspection may be conducted immediately before loading at the slaughterhouse loading bay and shall cover the weight, classification, presentation and temperature of half-carcasses. In particular no carcass shall be accepted where it exceeds the maximum weight laid down in Article 4(2)(g). Products rejected shall be marked as such and may not be presented again for preliminary inspection or acceptance.

Such inspections shall cover consignments of up to 20 tonnes of half-carcasses as laid down by the intervention agency. However, where the offer involves quarters, the intervention agency may allow a consignment of more than 20 tonnes of half-carcasses. Where more than 20 % of the total number of half-carcasses in any consignment inspected is rejected, the whole consignment shall be rejected in accordance with paragraph 6.

Before half-carcasses are transported to the intervention centre, they shall be cut into quarters in accordance with Annex III. Each quarter shall be systematically weighed and identified by a label complying with Article 1(2), (3) and (4) of Regulation (EEC) No 344/91. The labels shall also show the weight of the quarter and the contract number. The labels shall be affixed directly to shin/shank tendons on the forequarters and hindquarters or neckstrap tendon on the forequarter and hindquarter flank without using metal or plastic ties.

The quarters from each carcass shall then be grouped for the purposes of the acceptance procedure by carcass or half-carcass at the time of takeover.

A checklist giving all details of the half-carcasses or quarters, including the number of half-carcasses or quarters presented and either accepted or rejected, shall accompany each consignment up to the point of acceptance. The checklist shall be handed over to the accepting officer.

A seal shall be affixed to the means of transport before it leaves the slaughterhouse. The number of the seal shall be shown on the health certificate or checklist.

The acceptance procedure shall include checks of the presentation, classification, weight, labelling and temperature of the quarters delivered.

4. Preliminary inspection and acceptance of the products offered for intervention shall be carried out by an official of the intervention agency or a person authorised by the latter who is a qualified classifier, is not involved in classification at the slaughterhouse and is totally independent of the successful tenderer. Such independence shall be ensured in particular by the periodic rotation of such officials between intervention centres.

At the time of takeover, the total weight of the quarters in each consignment shall be recorded and the record kept by the intervention agency.

A document recording full details of the weight and the number of the products presented and either accepted or rejected must be completed by the accepting officer.

5. The requirements regarding identification, delivery and controls for the takeover of bone-in meat intended for boning in intervention centres which do not meet the requirements laid down in the first subparagraph of Article 5(2) shall include the following:

(a) at the time of takeover as referred to in paragraph 1, forequarters and hindquarters for boning must be identified by the letters ‘INT’ marked on both inner and outer sides in accordance with the same rules as those laid down in Article 4(3)(c) for marking the category and the slaughter number and the places where such markings are to be made; however, the letters ‘INT’ shall be marked on the inner side of each quarter at the level of the third or fourth rib of forequarters and of the seventh or eighth rib of hindquarters;

(b) the codfat must remain attached up to the time of takeover and must be removed before weighing;

(c) the products delivered shall be sorted into consignments as defined in paragraph 1.

Where carcasses or quarters marked ‘INT’ are found outside the areas reserved for them, the Member State shall conduct an enquiry, take suitable measures and inform the Commission thereof.

6. Where more than 20 % of a consignment presented is rejected, in terms of number of half-carcasses or quarters presented, the whole consignment shall be rejected and all the products shall be marked as such and may not be presented again for preliminary inspection or acceptance.

7. If the quantity actually delivered and accepted is less than the quantity awarded, the security shall:

(a) be released in full where the difference is not more than 5 % or 175 kg;

(b) except in cases of force majeure, be forfeited:

• (b) in part, corresponding to the quantities not delivered or not accepted where the difference is not more than 15 %,

• in full in other cases, pursuant to Article 1 of Regulation (EEC) No 2220/85.

Article 15 Price to be paid to successful tenderers

1. From the 45th day after completion of takeover of the products to the 65th day thereafter, the intervention agency shall pay successful tenderers the price quoted in their tenders.

2. Only the quantity actually delivered and accepted shall be paid for. However, if the quantity actually delivered and accepted is greater than the quantity awarded, only the quantity awarded shall be paid for.

3. Where qualities other than quality R3 are taken over, the price to be paid to successful tenderers shall be adjusted by applying the coefficient for the quality bought in as set out in Annex I.

4. The buying-in price for meat all of which is intended for boning shall be the price free at the entrance weighing point of the intervention centre's cutting plant.

The costs of unloading shall be borne by the successful tenderer.

Article 16 Exchange rate

The rate to be applied to the amount referred to in Article 11 and the price at which the award was made shall be the exchange rate applicable on the day of entry into force of the regulation fixing the maximum buying-in price and the quantities of beef to be bought in under the invitation to tender concerned.

(1)

OJ L 39, 17.2.1996, p. 1.

(2)

OJ L 214, 4.8.2006, p. 1.

(3)

OJ L 139, 30.4.2004, p. 206.

(4)

OJ L 253, 11.10.1993, p. 1.

(5)

OJ L 204, 11.8.2000, p. 1.

(6)

OJ L 139, 30.4.2004, p. 55.

(7)

OJ L 205, 3.8.1985, p. 5.

(8)

OJ L 125, 23.5.1996, p. 3.

(9)

OJ L 41, 14.2.1991, p. 15.