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COMMISSION REGULATION (EEC) No 2458/82

of 9 September 1982

amending Regulation (EEC) No 2254/82 laying down detailed rules for the transfer to the Italian intervention agency of skimmed-milk powder held by the intervention agencies of other Member States

THE COMMISSION OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1183/82 (2), and in particular Articles 7 (5) and 28 thereof,

Having regard to Council Regulation (EEC) No 2099/82 of 20 July 1982 on the transfer to the Italian intervention agency of skimmed-milk powder held by the intervention agencies of other Member States (3), and in particular Article 1 (3) thereof,

Whereas Commission Regulation (EEC) No 2254/82 (4) lays down detailed rules for making available to the Italian intervention agency, for use as feed for pigs and poultry, 10 000 tonnes of skimmed-milk powder held by the intervention agencies of other Member States; whereas the Regulation in question provides that the powder is to be transferred by the German intervention agency;

Whereas the supplying and recipient storage depots were designated by the German and Italian intervention agencies; whereas they jointly wish to amend the list of storage depots; whereas, accordingly, Annex I to Regulation (EEC) No 2254/82 should be amended;

Whereas the German intervention agency is responsible for determining and paying the transport costs; whereas, accordingly, certain factors listed in Article 3 (1) and (2) of Regulation (EEC) No 2254/82 are not applicable;

Whereas errors of substance in the text of the Regulation should also be corrected;

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2254/82 is hereby amended as follows:

1. In Article 2 (4), 'The German authorities shall bear:' is replaced by 'The Italian authorities shall bear:'.

2. Article 3 (1) and (2) are replaced by the following:

'1. The amount of the transport costs in respect of the lots referred to in Article 1 (3) shall be determined by the German intervention agency by means of a tendering procedure.

Such costs shall include:

(a) transport (excluding loading and unloading) from the loading platform of the supplying storage depot to the unloading platform of the recipient storage depot;

(b) insurance of the goods, at their value as determined on the basis of the intervention price for skimmed-milk powder, to the unloading platform of the recipient storage depot.

2. Payment of the costs referred to in paragraph 1 shall be made within six weeks of the day on which the following documents are submitted to the German intervention agency:

(a) transport costs invoice;

(b) a certificate from each of the recipient storage depots declaring that the skimmed-milk powder has been taken over;

(c) transport documents;

(d) copy of the insurance policy and, in the event of damage or loss, declarations in respect thereof and the documents enabling the German intervention agency to obtain compensation;

(e) customs document issued on definitive importation into Italy of the skimmed-milk powder;

(f) Community transit document.'

3. Article 3 (4) is replaced by the following:

'4. Tenders submitted to the German intervention agency shall be made and accepted in German marks.'

4. Annex I is replaced by the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

It shall apply with effect from 17 August 1982.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 September 1982.

For the Commission

Poul DALSAGER

Member of the Commission

(1) OJ No L 148, 28. 6. 1968, p. 13.

(2) OJ No L 140, 20. 5. 1982, p. 1.

(3) OJ No L 223, 31. 7. 1982, p. 1.

(4) OJ No L 240, 14. 8. 1982, p. 9.