CELEX: 31976R0873
Language: en
Date: 1976-04-13 00:00:00
Title: Council Regulation (EEC) No 873/76 of 13 April 1976 on the transfer to the Italian intervention agency of common wheat held by the French intervention agency

15 . 4. 76                                Official Journal of the European Communities                          No L 101 / 1
                                                                   I
                                                 (Acts whose publication is obligatory)
                                           COUNCIL REGULATION (EEC) No 873/76
                                                           of 13 April 1976
                on the transfer to the Italian intervention agency of common wheat held by the
                                                      French intervention agency
 THE COUNCIL OF THE EUROPEAN                                           Whereas, in order to attain this objective, it seems
  COMMUNITIES,                                                         advisable to make available to the Italian intervention
                                                                       agency part of the quantities of common wheat which
                                                                       are still available in intervention in the rest of the
 Having regard to the Treaty establishing the European
 Economic Community,                                                   Community ; whereas some of this common wheat is
                                                                       still held by, inter alia, the French intervention
                                                                       agency ;
 Having regard to Council Regulation (EEC) No
 2727/75 of 29 October 1975 on the common organiza­                    Whereas detailed rules should be laid down for taking
 tion of the market in cereals (J ), as last amended by                over the products and for transferring responsibility
 Regulation (EEC) No 832/76 (2), and in particular                     for them ;
 Article 7 (4) thereof,
                                                                       Whereas provision should be made for this operation
 Having regard to Council Regulation (EEC) No                          to be integrated into the arrangements laid down in
 729/70 of 21 April 1970 on the financing of the                       Council Regulation (EEC) No 787/69 of 22 April
 common agricultural policy (3), as last amended by                    1969 on the financing of intervention expenditure in
 Regulation (EEC) No 2788/72 (4), and in particular                    respect of the domestic markets in cereals and in
 Article 3 (2) thereof,                                                rice (6), as last amended by Regulation (EEC) No
                                                                       330/74 (7) ;
 Having regard to Council Regulation (EEC) No
 2738/75 of 29 October 1975 laying down general                        Whereas such measures imply that the Guarantee
 rules for intervention on the market in cereals (5), and              Section of the European Agricultural Guidance and
 in particular Article 4 thereof,                                      Guarantee Fund should bear the cost of transport,
 Whereas the Italian market in common wheat is expe­
 riencing supply difficulties and is currently character­              HAS ADOPTED THIS REGULATION :
 ized by a fairly high price level ; whereas this situation
 has been caused by several factors, viz. the structural
 production deficit in Italy, a tendency towards specula­                                      Article 1
 tive retention resulting from the depreciation of the
 Italian lira on the foreign exchange market and a                    The French intervention agency shall, until 31 May
 decrease of imports, which have become more diffi­                    1976, place 100 000 metric tons of common wheat at
 cult as a result of these monetary events ;                           the disposal of the Italian intervention agency which
                                                                       may take delivery of it under the conditions laid down
                                                                      in Articles 2 to 5.
Whereas, to cope with this situation, the Italian author­
 ities have offered for sale part of the existing interven­
 tion stocks ; whereas the sale of the remainder may                                           Article 2
prove insufficient to restore the supply sitution to
normal :
                                                                       1 . The Italian intervention agency shall take
                                                                      delivery of the products at the place where they are
O    OJ  No  L 281 , 1 . 11 . 1975, p. 1 .
  2) OJ  No  L 100 , 14. 4. 1976, p . 1 .                             stored and thereupon assume responsibility for them .
(3)  OJ  No  L 94, 28 . 4. 1970, p . 13 .
(«)  OJ  No  L 275, 30 . 12. 1972, p . 1 .                            (6) OJ No L 105, 2. 5. 1969, p. 4.
(5)  OJ  No  L 281 , 1 . 11 . 1975, p. 49 .                           (7) OJ No L 37, 9 . 2. 1974, p. 5.
 ---pagebreak--- No L 101 /2                       Official Journal of the European Communities                             15 . 4. 76
2. The delivery operations referred to in Article 1         as a zero debit in the account referred to in Article 3
shall be assigned by tender. They shall concern the         ( 1 ) of Regulation (EEC) No 787/69.
delivery of the product which is in stock at the point
of departure at warehouse unloaded to the Italian            2. The Italian intervention agency shall enter wheat
ports or at warehouse without unloading to places            of which it has taken delivery under Article 1 as a
close to these ports. The Italian intervention agency        zero credit in the account referred to in paragraph 1 .
shall be free to designate either ports or places close
to these ports as place of delivery.                                                  Article 4
The contract shall be awarded to the tenderer or
                                                             The costs provided for in the invitation to tender
tenderers having made the most favourable offer.             referred to in Article 2 which relate to the quantities
However, if the tenders submitted do not appear to           of common wheat laid down in Article 1 shall be
reflect normal prices and costs, the intervention            entered in the account referred to in Article 3 ( 1 ) of
agency may cancel the invitation to tender.                  Regulation (EEC) No 787/69 .
3. The tender shall be organized by the Italian inter­
                                                                                      Article 5
vention agency.
The Italian intervention agency shall determine the          1 . The Italian Republic shall take the steps neces­
clauses and terms of the invitation to tender in so far      sary to ensure that, when resold, the common wheat
as they are compatible with this Regulation . They may       referred to in Article 1 is used exclusively for the
provide for, in particular, the lodging of a security to     manufacture of foodstuffs to be supplied to the popula­
guarantee fulfilment of the obligations under the            tion .
tender. They shall also ensure equality of access and
treatment for all interested parties wherever they may       2. Commission Regulation (EEC) No 376/70 of 27
be established in the Community.                             February 1970 laying down the procedure and condi­
                                                             tions for the disposal of cereals held by intervention
4.    Tenders must be made in Italian lira to the            agencies (l), as last amended by Regulation (EEC) No
Italian intervention agency.                                 1 29/73 (2), shall apply to the common wheat referred
                                                             to in Article 1 .
5. The Italian authorities shall keep the Commis­
sion informed of the progress of the tender.
                                                                                      Article 6
                        Article 3
                                                             This Regulation shall enter into force on the day
1 . The French intervention agency shall enter the           following its publication in the Official Journal of
quantities of common wheat released under Article 1          the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 13 April 1976.
                                                                          For the Council
                                                                            The President
                                                                             G. THORN
                                                             (') OJ No L 47, 28 . 2. 1970, p. 49.
                                                             (2) OJ No L 17, 20 . 1 . 1973, p . 17 .