7.3.86 Official Journal of the European Communities No C 53/11 
Article 6 
For the purposes of the second subparagraph of Article 4 
(1) of Regulation (EEC) No 2727/75, the competent 
agency shall reimburse the levy to the producer 
concerned in respect of up to 25 tonnes on presentation 
of evidence that at least an equal quantity of cereals has 
been placed on the market or sold directly to an 
intervention agency. 
Article 7 
In accordance with the procedure laid down in Article 
26 of Regulation (EEC) No 2727/75, the Commission 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Regulation (EEC) No 
2727/75 of 29 October 1975 on the common organ­
ization of the market in cereals ('), as last amended by 
Regulation (EEC) No . . ./. ., and in particular Article 7 
(4) thereof, 
Having regard to the proposal from the Commission, 
Whereas Council Regulation (EEC) No 2738/75 of 29 
October 1975 laying down general rules for intervention 
on the market in cereals (2) was adopted at a time when 
intervention prices were fixed at levels varying according 
to intervention centres; whereas that regional price-
fixing system has subsequently been replaced by a single 
intervention price system; whereas the provisions should 
accordingly be adapted to this new situation; 
Whereas, where goods offered for intervention must be 
transported to the warehouse designated by the 
intervention agency, the offerer bears the costs of 
transport and of removal from his warehouse in 
accordance with the definition of the intervention price, 
which is fixed for goods delivered at the warehouse, 
before unloading; whereas, to be fair, where the goods 
(•) OJNoL281, 1. 11. 1975, p. 1. 
O OJNoL281, 1. 11. 1975, p. 49. shall determine the requisite rules to ensure the 
collection of the levy and the administrative penalties 
incurred where the provisions of this Regulation are not 
complied with. 
Article 8 
This Regulation shall enter into force on the third day 
following that of its publication in the Official Journal of 
the European Communities. 
It shall apply from 1 July 1986. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
are taken over in the offerer's warehouse, the transport 
and removal costs should be deducted from the 
intervention price since they have not in fact been borne 
by him; 
Whereas, under the present arrangements, the 
intervention agency is required actually to take over the 
goods offered to it in the warehouses available for this 
purpose; whereas this requirement may in certain cases 
result in the intervention agency securing storage 
facilities available at a great distance from the place 
where the goods are located at the time the offer is 
made, thereby incurring substantial transport costs; 
whereas provision should accordingly be made for the 
intervention agency to be able to demand storage in the 
warehouse of the seller; 
Whereas intervention stocks should be managed in the 
light of market developments in the Community over the 
year; whereas, to this end, provisions should be made for 
conditions of resale allowing for speedy, effective 
adjustment to these trends; 
Whereas cereals held by intervention agencies should be 
offered for sale without discriminating between buyers 
established in the Community and at prices avoiding 
disturbances of the market; whereas normally the system 
of invitations to tender enables this objective to be 
attained; whereas, however, in special circumstances 
other selling procedures must be permitted; 
Whereas the provisions of this Regulation replace those 
of Regulation (EEC) No 2738/75; whereas that Regu­
lation should accordingly be repealed, Proposal for a Council Regulation laying down general rules for intervention on the market in 
cereals 
COM(86) 30 final 
(Submitted by the Commission to the Council on 12 February 1986) 
(86/C 53/09) 
No C 53/12 Official Journal of the European Communities 7.3.86 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. On receipt of an offer, in compliance with Article 7 
of Regulation (EEC) No 2727/75 intervention agencies 
shall decide on the place where the cereals are to be 
taken over. 
2. Transport costs from the place where the goods are 
stored when the offer is made to the intervention centre 
to which they can be transported at least expense shall be 
borne by the offerer. These costs shall be determined by 
the intervention agency. 
3. If the intervention agency takes over the goods at a 
place other than the intervention centre to which they 
may be transported at least expense, it shall determine 
and bear the additional transport costs. 
Article 2 
1. If the intervention agency, in agreement with the 
offerer, stores the goods at the place at which they are 
located at the time the offer is made, the costs referred 
to in Article 1 (2) and the costs of removal from the 
warehouse, the latter being assessed at a flat rate, shall 
be deducted from the intervention price. 
2. In conditions to be determined in accordance with 
the procedure laid down in Article 26 of Regulation 
(EEC) No 2727/75, intervention agencies shall be auth­
orized to require the goods taken over to be stored in 
the warehouse in which they are located, at the time the 
offer is made. The price paid to the offerer shall be 
determined in accordance with paragraph 1. 
Article 3 
1. Cereals held by the intervention agency shall be 
sold by tender: 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Regulation (EEC) No 
2727/75 of 29 October 1975 on the common organ­
ization of the market in cereals (x), as last amended by 
(') OJNoL281, 1. 1. 1975, p. 1. (a) with a view to their being put back on the market, at 
prices avoiding disturbance of the market; 
(b) with a view to export, at prices to be determined 
case by case according to market developments and 
requirements. 
2. The terms of the invitation to tender shall ensure 
equality of access and treatment to all persons concerned 
irrespective of the place of their establishment within the 
Community. 
3. If the tenders submitted apparently do not 
correspond to the real scope for sale on the market, the 
tendering procedure shall not be proceeded with. 
Article 4 
The Council, acting by a qualified majority on a 
proposal from the Commission, may establish a selling 
procedure other than that laid down in Article 3, if 
special circumstances so require. 
Article 5 
1. Regulation (EEC) No 2738/75 is hereby repealed. 
2. References to the Regulation repealed shall be 
construed as references to this Regulation. 
Article 6 
This Regulation shall enter into force on the third day 
following that of its publication in the Official Journal of 
the European Communities. 
It shall apply from 1 July 1986. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Regulation (EEC) No . . ./. ., and in particular Article 8 
(2) thereof, 
Having regard to the proposal from the Commission, 
Whereas Article 8 (1) of Regulation (EEC) No 2727/75 
provides that particular intervention measures can be 
taken where the market situation so requires; whereas it 
should be specified that use of such measures in one or 
more regions of the Community should be based on an Proposal for a Council Regulation on particular intervention measures for cereals 
COM(86) 30 final 
(Submitted by the Commission to the Council on 12 February 1986) 
(86/C 53/10)