7.10.98 Official Journal of the European Communities L 270/39 COMMISSION REGULATION (EC) No 2145/98 of 6 October 1998 on the sale, by means of the procedure laid down in Regulation (EEC) No 2539/84, of beef held by certain intervention agencies and intended for export THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organisation of the market in beef and veal (), as last amended by Regulation (EC) No 1633/98 (3, and in particular Article 7(3) thereof, Whereas the application of intervention measures in respect of beef has resulted in a build-up of stocks in several Member States; whereas outlets for these products exist in certain third countries; whereas, in order to prevent storage being prolonged excessively, part of these stocks should be sold by tendering procedure for export to those countries; whereas to permit the sale of meat of uniform quality, beef that was purchased under Article 6 of Regulation (EEC) No 805/68 should be sold; Whereas Commission Regulation (EEC) No 2539/84 of 5 September 1984 laying down detailed rules for certain sales of frozen beef held by the intervention agencies (?), as last amended by Regulation (EC) No 2417/95 (%), provides for the possibility of a two-stage procedure for the sale of beef from intervention; Whereas the sale should be conducted in accordance with Regulation (EEC) No 2539/84 and Commission Regula- tion (EEC) No 3002/92 of 16 October 1992 laying down common detailed rules for verifying the use and/or des- tination of products from intervention (%), as last amended by Regulation (EC) No 770/96 (°); Whereas, in order to ensure that the tendering procedure is consistent and uniform, measures should be adopted in addition to those provided for in Article 8(1) of Commis- sion Regulation (EEC) No 2173/79 of 4 October 1979 on detailed rules of application for the disposal of beef bought in by intervention agencies (’), as last amended by Regulation (EC) No 2417/95; Whereas provision should be made for derogations from Article 8(2)(b) of Regulation (EEC) No 2173/79 in view of NS SN NN N < 148, 28. 6. 1968, p. 24. 210, 28. 7. 1998, p. 17. 238, 6. 9. 1984, p. 13. 248, 14. 10. 1995, p. 39. 301, 17. 10. 1992, p. 17. 104, 27. 4. 1996, p. 13. 251, 5. 10. 1979, p. 12. SN 35 0000000 S S S S S | onll ol ol ol ol ol o8 the administrative difficulties which the application of this point is creating in the Member States concerned; Whereas, for administrative reasons, a minimum quantity should be set for tenders, taking into consideration normal commercial practice; Whereas, for practical reasons, export refunds will not be granted for beef sold under this Regulation; whereas, however, buyers will be required to apply for export licences for the quantity allocated, in accordance with Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector (¥), as last amended by Regulation (EC) No 759/98 (°); whereas the deadline for taking over laid down in Article 6 of Regulation (EEC) No 2539/84 should accordingly be adjusted; Whereas, in order to ensure that the beef sold is exported to the eligible third countries, provision should be made for a security to be lodged before the goods are taken over and the primary requirements should be determined; Whereas products from intervention stocks may in certain cases have undergone several handling operations; whereas, in order to contribute to their satisfactory presentation and marketing, it is appropriate to authorise the repackaging of the products in certain specified circumstances; 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 sale shall take place of intervention products bought in under Article 6 of Regulation (EEC) No 805/ 68, of approximately: (@) — 2000 tonnes of bone-in beef held by the Spanish intervention agency, () OJ L 143, 27. 6. 1995, p. 35. (¢) OJ L 105, 4. 4. 1998, p. 7.