Commission Regulation (EC) No 1583/2002 of 5 September 2002 on the sale at a reduced price of 30600 tonnes of cereals held by the Austrian intervention agency to producers established in the territory of Austria affected by flooding
Date: 2002-09-05
Institutions: European Commission
Subjects: Austria, cereals, discount sale, flood, intervention agency, intervention price, sale

L 239/6

EN

Official Journal of the European Communities

6.9.2002

COMMISSION REGULATION (EC) No 1583/2002

of 5 September 2002

on the sale at a reduced price of 30 600 tonnes of cereals held by the Austrian intervention agency
to producers established in the territory of Austria affected by flooding

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1666/
2000 (2), and in particular Article 5 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Flooding in some areas of Austria during August 2002
has affected supplies of feed and threatens to expose
producers to heavy income losses as a result of having to
the customary feed cannot be
sell
obtained. Finding temporary alternatives is therefore
desirable.

their livestock if

The Austrian intervention agency has in stock 30 600
tonnes of cereals whose sale at a reduced price to the
producers in question could make a significant contribu-
tion to alleviating the situation.

Since the sale would be made at a fixed reduced price, a
derogation would be needed from Commission Regula-
tion (EEC) No 2131/93 laying down the procedure and
conditions for the sale of cereals held by intervention
agencies (3), as last amended by Regulation (EC) No
1630/2000 (4). Additional rules would be required for
the sale of the cereals.

In view of the price benefit enjoyed by buyers of cereals
held by the Austrian intervention agency, strict control
measures need to be adopted, and in particular those
who are authorised to buy the cereals would need to be
identified.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals,

barley and 4 500 tonnes of maize to producers established in
Austrian territory affected by the flooding in August 2002 in
accordance with this Regulation.

2.
The common wheat referred to in paragraph 1 shall be
put up for sale when the quantities of the other cereals have
been used up.

3.
The sales price for the cereals referred to in paragraph 1
shall be set at EUR 50 per tonne for goods ex place of storage,
loaded on to a means of transport.

Article 2

1.
Producers established in Austrian territory, recognised by
the national authorities as having been affected shall submit an
application to purchase to the competent authorities during a
period specified by the Austrian authorities.

Applications shall contain the following information:

(a) the name and address of the applicant;

(b) particulars of the parcels or places affected;

(c) the type of crop or fodder stocks destroyed;

(d) the quantity of cereals requested;

(e) an undertaking to use the cereals for feeding animals on the

applicant’s holding.

2.
The Austrian authorities shall decide on the criteria for
determining the maximum quantities for which producers may
submit an application to purchase, in particular on the basis of
the area or quantity of stocks destroyed which were intended to
be used to feed animals.

3. Where there is an overrun of the total quantity available,
the Austrian authorities shall lay down distribution criteria.

HAS ADOPTED THIS REGULATION:

Article 3

Article 1

Cereals other than rye shall be combined with not less than
15 % rye.

1.
the
Notwithstanding Regulation (EEC) No 2131/93,
Austrian intervention agency shall put up for sale 5 000 tonnes
of common wheat, 6 700 tonnes of rye, 14 400 tonnes of

Article 4

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 191, 31.7.1993, p. 76.
(4) OJ L 187, 26.7.2000, p. 24.

1.
The Austrian intervention agency shall lay down the date
for the taking-over of the cereals which shall be not later than
28 February 2003.

6.9.2002

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Official Journal of the European Communities

L 239/7

The Austrian intervention agency is authorised to trans-

2.
port the cereals to silos located in the affected areas.

3.
The transport costs shall be met from the Community
budget within an average limit of EUR 10 per tonne including
the costs of removal from the storage silos of departure and the
costs of placing in the silos of destination.

Article 5

The cereals referred to in Article 1 shall be considered for
1.
all purposes to have left intervention storage on 30 September
2002, whether they have been removed or not.

Quantities unused at 28 February 2003 shall be included
2.
the price of
the intervention stocks at
in the accounts of
EUR 50 per tonne, less flat-rate removal costs, with effect from
1 October 2002.

Article 6

The Austrian authorities shall adopt
the control measures
necessary to ensure that the benefits of this Regulation are
restricted to the producers established in Austrian territory who
have been affected.

Article 7

The Austrian authorities shall transmit to the Commission, by
30 June 2003, a report on the sales provided for in this Regula-
tion.

Article 8

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

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

Done at Brussels, 5 September 2002.

For the Commission

Franz FISCHLER

Member of the Commission