CELEX: 31976D0516
Language: en
Date: 1976-05-19 00:00:00
Title: Commission Decision of 19 May 1976 authorizing the French Republic to apply special intervention measures for durum wheat

9 . 6. 76                               Official Journal of the European Communities                           No L 149/ 15
                                                    COMMISSION
                                                  COMMISSION DECISION
                                                         of 19 May 1976
              authorizing the French Republic to apply special intervention measures for
                                                          durum wheat
                                                (Only the French text is authentic)
                                                           (76/51 6/EEC)
THE COMMISSION OF THE EUROPEAN                                       HAS ADOPTED THIS DECISION :
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community,                                                                          Article 1
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                   The French Republic is hereby authorized to carry
tion of the market in cereals (! ), as last amended by               out, through its intervention agency, special interven­
Regulation (EEC) No 832/76 (2), and in particular the                tion operations in respect of 74 000 metric tons of
second paragraph of Article 8 and Article 24 thereof,                durum wheat in accordance with the following provi­
                                                                     sions .
Having regard to Council Regulation (EEC) No
2740/75 of 29 October 1975 on special intervention
measures for cereals (3), and in particular Article 1                These operations shall involve the conclusion before
thereof,                                                             20 May 1976 of contracts between the intervention
                                                                     agency and holders of durum wheat, under which :
Having regard to the communication from the French
Republic of 29 April 1976 setting out the particularly               (a) the holders shall undertake to keep a given quan­
difficult situation for holders of durum wheat and                       tity of durum wheat in store from 1 June to 31
requesting special intervention measures in the case of                  December 1976 ;
this cereal,
                                                                     (b) the intervention agency shall grant to the  holders
Whereas the French Republic was authorized by the                        of that quantity, at the end of the period  referred
Commission Decision of 19 March 1976 (4) to apply                        to under (a), a daily premium to cover the  costs of
special intervention measures for 250 000 metric tons                    the operation fixed at a flat rate of 0 038  unit of
of durum wheat ; whereas, however, the contracts                         account per metric ton .
made within the framework of those measures have
only covered 176 000 metric tons ;                                   Subject to Article 4, the premium referred to under (b)
Whereas since that time the market price has                         shall only be granted if the whole contracted quantity
remained around or below the intervention price ;                    to which the undertaking relates, remains at the end
whereas the French Republic should therefore be auth­                of the period referred to under (a). Furthermore an
orized to apply new special intervention measures for                amount of three units of account per metric ton shall
the remainder of the 250 000 metric tons which were                  be levied in respect of any quantity which is missing.
originally provided for and under the same conditions                However, a tolerance of 3 kg per metric ton shall be
as provided for in the said Decision ;                               allowed when applying this paragraph .
Whereas the measures provided for in this Decision
are in accordance with the opinion of the Manage­
 ment Committee for Cereals,                                                                  Article 2
0)  OJ  No L  281 , 1 . 11 . 1975, p. 1 .                             Holders who wish to enter into such an undertaking
(2) OJ  No L  100, 14. 4. 1976,    p. 1 .
(3) OJ  No L  281 , 1 . 11 . 1975, p. 54.                             must make a written application, amounting to a firm
(«) OJ  No L  91 , 6. 4. 1976, p.   19.                              undertaking, to the intervention agency before 20 May
 ---pagebreak--- No L 149/ 16                       Official Journal of the European Communities                              9 . 6 . 76
1976 indicating the quantity in question which may           Article 1 (b) shall be granted up to the day fixed by
not be less than 200 metric tons .                           the Member State for the termination of the under­
                                                             taking.
In the event of the total quantity for which holders
wish to give undertakings exceeding the quantity              For the remainder of the period from such day of
referred to in the first paragraph of Article 1 , the inter­ termination until 31 December 1976, a penalty
vention agency shall allocate the quantities to be the       premium of up to 0-008 unit of account per metric
subject of undertakings in proportion to the quantity        ton per day shall be paid, subject to a maximum of
offered by each holder.                                      0*24 unit of account per metric ton .
The competent agency shall notify the holders before          2. The Member State may release the holder in
1 June 1976 of the quantities to be subject to under­        whole or in part from the undertaking referred to in
takings.                                                     Article 1 (a) if the latter so requests the intervention
                                                              agency. In this case the daily premium shall be
                         Article 3                           granted in accordance with the rules laid down in para­
                                                             graph 1 but no penalty premium shall be paid.
Operations referred to in Article 1 may only relate to
durum wheat from the 1975 crop which fulfils the                                     Article 5
conditions laid down for acceptability for intervention .
                                                             The French Republic shall keep the Commission
The intervention agency shall check the existence of          informed of the development of the operations
the stocks of each applicant before the signature of          provided for in this Decision .
the contract and again at the end of the period of
storage. It shall also carry out all necessary control                               Article 6
measures to ensure that the undertaking is respected.
                                                             This Decision is addressed to the French Republic.
                         Article 4
1 . The Member State concerned may be authorized,             Done at Brussels, 19 May 1976.
in accordance with the procedure laid down in Article
                                                                                        For the Commission
26 of Regulation (EEC) No 2727/75, to terminate the
undertaking provided for in Article 1 (a), in whole or                                    P.J. LARDINOIS
in part, with effect from any date after 1 October
1976. In this case the daily premium referred to in                                Member of the Commission