CELEX: 51986PC0030(04)
Language: en
Date: 1986-02-11
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN GENERAL RULES FOR INTERVENTION ON THE MARKET IN CEREALS

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