18.2.1999 Official Journal of the European Communities L 44/27 COMMISSION REGULATION (EC) No 359/1999 of 17 February 1999 on a sale by tender of beef held by certain intervention agencies for export and repealing Regulations (EC) Nos 2145/98 and 2161/98 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 those products exist in certain third countries; whereas, in order to prevent storage being prolonged excessively, part of those stocks should be put up for sale by tender for export to those countries; Whereas the sale should be conducted in accordance with 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(’), as last amended by Regulation (EC) No 2417/95(*, and in particular Titles II and III thereof, and Commission Regulation (EEC) No 3002/92 of 16 October 1992 laying down common detailed rules for verifying the use and/or destination of products from intervention (°), as last amended by Regulation (EC) No 770/96 (°), subject to certain special exceptions on account of the particular use to which the products in question are to be put; Whereas, in order to ensure that the sales by tender are conducted properly and uniformly, measures in addition to those provided for in Article 8(1) of Regulation (EEC) No 2173/79 should be adopted; Whereas provision should be made for derogations from Article 8(2)(b) of Regulation (EEC) No 2173/79 in view of the administrative difficulties which the application of that point is creating in the Member States concerned; OJ L 148, 28. 6. 1968, p. 24. OJ L 210, 28. 7. 1998, p. 17. OJ L 251, 5. 10. 1979, p. 12. OJ L 248, 14. 10. 1995, p. 39. OJ L 301, 17. 10. 1992, p. 17. OJ L 104, 27. 4. 1996, p. 13. Whereas, for practical reasons, export refunds will not be granted on beef sold under this Regulation; whereas, however, successful tenderers will be required to apply for export licences for the quantity awarded, 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 2648/98 (®); 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, to help ensure satisfactory presentation and marketing, the repackaging of the products should be authorised in certain circumstances; Whereas Commission Regulations (EC) Nos 2145/98 () and 2161/98 (') should be repealed; 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 of intervention products bought in pursuant to Article 6 of Regulation (EEC) No 805/68 shall be put up for sale: — 5000 tonnes of bone-in beef held by the German intervention agency, — 5000 tonnes of bone-in beef held by the French intervention agency, () OJ L 143, 27. 6. 1995, p. 35. (%) OJ L 335, 10. 12. 1998, p. 39. ¢) OJ L 270, 7. 10. 1998, p. 39. (% OJ L 271, 8. 10. 1998, p. 24.