CELEX: 31976R2972
Language: en
Date: 1976-12-07 00:00:00
Title: Commission Regulation (EEC) No 2972/76 of 7 December 1976 laying down detailed rules for the application of Regulation (EEC) No 1861/76 on the transfer to the Italian intervention agency of skimmed-milk powder held by the intervention agencies of other Member States

No L 339/ 18                             Official Journal of the European Communities                             8 . 12. 76
                                    COMMISSION REGULATION (EEC) No 2972/76
                                                         of 7 December 1976
               laying down detailed rules for the application of Regulation (EEC) No 1861 /76
               on the transfer to the Italian intervention agency of skimmed-milk powder held
                                  by the intervention agencies of other Member States
THE COMMISSION OF THE EUROPEAN                                      whereas such information and that concerning the
COMMUNITIES,                                                        geographical location of the places of storage in Italy
                                                                    should be notified to the Commission , so as to enable
Having regard to the Treaty establishing the European               it to determine the financial consequences of this
Economic Community,                                                 transfer ;
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization                   Whereas, in order to ascertain the most economical
of the market in milk and milk products ('), as last                means of carrying out the operation , the transport of
amended by Regulation (EEC) No 559/76 (2), and in                   the skimmed-milk powder to Italy should be put up
                                                                    for tender ;
particular Articles 7 (5), 10 (3) and 28 thereof,
Having regard to Council Regulation (EEC) No                        Whereas, in view of the specific objectives of the
729/70 of 21 April 1970 on the financing of the                     transfer of the skimmed-milk powder, it is necessary
common agricultural policy (3), as last amended by                  to remove its sale from the scope of Commission
Regulation (EEC) No 2788/72 (4),                                    Regulation (EEC) No 2054/76 of 19 August 1976 on
                                                                    the sale for export to non-member countries of skim­
Having regard to Council Regulation (EEC) No                        med-milk powder held by intervention agencies and
974/71 of 12 May 1971 on certain measures of                        intended for use as feed (8), as amended by Regulation
conjunctural policy to be taken in agriculture                      (EEC) No 2166/76 (9) ; whereas, for the same reasons,
following the temporary widening of the margins of                  it is advisable to lay down special conditions for the
fluctuation    for  the    currencies      of   certain  Member     application of Commission Regulation (EEC) No
States (5), as last amended by Regulation (EEC) No                  2213/76 of 10 September 1976 on the sale of skim­
557/76 (6), and in particular Article 6 thereof,                    med-milk powder from public storage (10) ;
Having regard to Council Regulation (EEC) No                        Whereas, because of the non-commercial nature of
1861 /76 of 27 July 1976 on the transfer of skimmed­
                                                                    the transfer in question, no monetary compensatory
milk powder to the Italian intervention agency by the
                                                                    amount should be applied ;
intervention agencies of other Member States (7), and
in particular Article 1 (2) thereof,
                                                                    Whereas the measures provided for in this Regulation
Whereas, pursuant to Regulations (EEC) No 1861 /76,                 are in accordance with the opinion of the Manage­
10 000 metric tons of skimmed-milk powder held by                   ment Committee for Milk and Milk Products,
the intervention agencies of other Member States has
been    made     available    to   the     Italian   intervention
agency ; whereas detailed rules for implementing this               HAS ADOPTED THIS REGULATION :
measure should be laid down ;
Whereas the intervention agencies responsible for
making available the skimmed-milk powder in ques­                                               Article 1
tion should be designated according to the supplies
available to them ; whereas, in view of the quantities               1.    Pursuant to Regulation (EEC) No 1861 /76, the
to be transferred, provisions should be made for the                German and French intervention agencies shall each
Italian intervention agency to take the products over               make available to the Italian intervention agency
from each of the other agencies in two instalments ;                5 000 metric tons of skimmed-milk powder bought in
                                                                    in accordance with Article 7 ( 1 ) of Regulation (EEC)
Whereas the Italian intervention agency should                      No 804/ 68 .
rapidly be informed of the geographical location and
quantities available of the product in question ;                   2. The German and French intervention agencies
                                                                    shall arrange for 50 % of the quantity in question to
 •) OJ No   L 148 , 28 . 6. 1968 , p. 13 .                          be made available on 15 December 1976 and 50 %
 2) OJ No   L 67, 15 . 3 . 1976, p. 9 .
 3) OJ No   L 94, 28 . 4. 1970, p. 13 .                             on 15 February 1977.
 4) OJ No   L 295, 30 . 12. 1972, p. 1 .
 5) OJ No   L 106, 12. 5 . 1971 , p. 1 .                            (8) OJ No L 228 , 20 . 8 . 1976, p . 17.
 b) OJ No   L 67, 15 . 3 . 1976, p. 1 .                             O OJ No L 242, 3 . 9 . 1976, p . 9 .
 7) OJ No   L 206, 31 . 7. 1976, p. 1 .                             ( 10) OJ No L 249 , 11 . 9 . 1976, p . 6.
 ---pagebreak--- 8 . 12. 76                         Official Journal of the European Communities                             No L 339/ 19
They shall choose as few as possible places of storage,      be established in the Community. To this end the
preferably from among those depots nearest to the            Italian intervention agency shall communicate to the
country of destination .                                     other intervention agencies and to the Commission
                                                             the text of the notice of invitation to tender, of which
Within seven days following the entry into force of          notice shall be given in the Official Journal of the
this Regulation, they shall communicate to the Italian        European Communities at least eight days before the
intervention agency and to the Commission a list of          final date fixed by the Italian intervention agency for
the places where the quantity comprising the first           the submission of tenders.
instalment is stored .
                                                             Tenders submitted to the Italian intervention agency
They shall communicate, before 15 January 1977, a            shall be made and accepted in Italian lira.
list of the places where the quantities comprising the
second instalment are stored .                               4.       Contracts shall be awarded to the tenderer or
                                                              tenderers having offered the most favourable terms.
3 . The Italian intervention agency shall communi­
cate to the other intervention agencies concerned and         However, if the tenders submitted do not correspond
to the Commission :                                           to normal prices and costs, the invitation to tender
                                                              shall be cancelled .
— within seven days following the entry into force of
     this Regulation, a list of the depots where the
                                                              5. The Italian authorities shall keep the Commis­
     quantity comprising the first instalment will be
     stored,
                                                              sion informed as to the progress of the invitation to
                                                              tender and shall immediately communicate the results
— before 15 January 1977, a list of the depots where          both to the latter and to the intervention agencies
     the quantity comprising the second instalment            making available the quantities concerned.
     will be stored .
4. As regards the depots where the skimmed-milk                                         Article 3
powder is to be stored by the Italian intervention
agency, Article 3 of Regulation (EEC) No 1108/68               1 . On dispatch of the skimmed-milk powder to
shall apply.                                                  Italy, a removal voucher issued by the supplying inter­
                                                              vention agency shall be produced at the customs
                         Article 2
                                                              office of departure. Such voucher shall be numbered
                                                              and shall include the following particulars :
 1 . After having checked the quantity, quality and           (a) a description of the goods ;
packaging of the skimmed-milk powder, the Italian
intervention agency shall take delivery of the goods,         (b) the number and type of packages, together with
                                                                    the marks and numbers borne by them ;
loaded on to means of transport at the loading ramp
of the storage depot of the supplying intervention            (c) the gross and net weight of the goods ;
agency, and shall thereupon assume responsibility for         (d) a reference to this Regulation ;
them .
                                                              (e) the address of the recipient storage depot of the
2. The amount of the costs of transporting the                      Italian intervention agency.
skimmed-milk powder in question shall be deter­               Vouchers shall be retained by the customs office of
mined by the Italian intervention agency by tender.           departure.
Such costs shall cover :
                                                              2. The applicable Community transit document
(a) transport (excluding loading) from the loading            shall contain in Section 31 , in addition to a descrip­
     ramp of the supplying storage depot to the               tion of the goods, one of the following endorsements :
     delivery ramp of the recipient storage depot ;
                                                              'destiné à être livré à 1 organisme d intervention
(b) unloading and placing in store ;                          italien, à l'entrepôt suivant : . . . (règlement (CEE) n0
(c) insurance on the value of the goods as determined         2972/76)',
     by the intervention price of skimmed-milk                  zur Lieferung an die italienische Interventionsstelle
     powder.                                                  nach folgendem Lagerhaus : . . . (Verordnung (EWG)
 3.    The Italian intervention agency shall lay down          Nr. 2972/76)',
 the terms and conditions of the invitation to tender in      'destinato ad essere fornito all organismo d intervento
accordance with the provisions of this Regulation .            italiano, al deposito seguente : . . . (regolamento (CEE)
 Such terms must provide in particular for the lodging         n . 2972/76)'.
 of security to guarantee fulfilment of the obligations
 under the invitation to tender.                               3 . Where a new document is issued in place of the
                                                               Community transit document applicable, the new
They must also ensure equality of access and treat­           document shall contain the same information as the
 ment for all prospective tenderers wherever they may          original document.
 ---pagebreak--- No L 339 / 20                    Official Journal of the European Communities                              8 . 12 . 76
4. Where Regulation (EEC) No 304/71 is applied                   — the skimmed-milk powder shall be sold exclu­
to the carriage of the skimmed-milk powder in ques­                 sively for denaturing or processing into
tion, the endorsements provided for in paragraphs 1                 compound feedingstuffs in accordance with
and 2 above shall be made on the international con­                 Commission Regulation (EEC) No 990/72 of
signment note (CIM) in the space headed ' Description                15 May 1972 ('), as last amended by Regulation
of goods' or, as the case may be, on the International              (EEC) No 2293/76 (2),
Express Parcels consignment note (TIEx.) Such endor­             — the maximum quantity which may be sold to
sements shall be authenticated by the stamp of the                  any one purchaser in any one month shall be
customs office of departure.                                         100 metric tons,
                                                                 — the purchase price shall be reduced by the
                       Article 4                                    amount of the aid provided for in Article 10 of
No monetary compensatory amount shall be appli­                     Regulation (EEC) No 804/ 68 ,
cable to skimmed-milk powder transferred pursuant                — the purchaser shall before taking delivery
to this Regulation .                                                provide security in an amount of 42 units of
                                                                    account per 100 kilogrammes as a guarantee
                       Article 5                                    that the skimmed-milk powder will be utilized
                                                                    in Italy for the purposes specified in the first
With respect to the sale by the Italian intervention                indent hereof.
agency of the skimmed-milk powder transferred pur­
suant to this Regulation :                                                              Article 6
(a) Regulation (EEC) No 2054/76 shall not apply ;            This Regulation shall enter into force on the third day
(b) Regulation (EEC) No 2213/76 shall apply subject          following its publication in the Official Journal of
    to the following special conditions :                    the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 7 December 1976 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission
                                                             (') OJ No L 1 15, 17 . 5 . 1972, p. 1 .
                                                             (2) OJ No L 259 , 23 . 9 . 1976, p . 8 .