CELEX: 51986PC0030(05)
Language: en
Date: 1986-02-11
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON PARTICULAR INTERVENTION MEASURES FOR CEREALS

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
 ---pagebreak--- 7.3.86                                    Official Journal of the European Communities                               No C 53/13
assessment of the development of the market in the                                               Article 3
various cereals in relation to the intervention price
applicable, with a view to avoiding disturbances;                     1.    If particular intervention measures have been taken
whereas, therefore, the particular measures adopted may              in the form of buying-in cereals, these cereals shall be
relate only to those cereals with physical and technical             subsequently disposed of by invitation to tender:
characteristics complying at least with the minimum
requirements fixed for buying-in by the intervention                 (a) either with a view to their being put back on the
agencies under Article 7 of Regulation (EEC) No                           Community market at prices avoiding disturbance of
2727/75; whereas the particular measures must, in                         the market;
respect of implementation, be adapted to the various
situations arising;
                                                                     (b) or with a view to exporting them at prices to be
Whereas the sale of cereals held by intervention agencies                 determined case-by-case according to market
as a result of particular intervention measures must avoid                developments and requirements.
discrimination between Community buyers and the prices
must not be such as to cause market disturbances;
whereas the tendering procedure enables the above                    2.     If particular intervention measures take a form
objectives to be attained; whereas, however, if this                 other than that referred to in paragraph 1, special
procedure is not followed or if cereals which have been              conditions may be laid down for putting the cereals back
the subject of particular intervention measures are not              on the market or for disposing of them by other means.
held by the intervention agencies, the adoption, where
the market situation so requires, of special conditions for          3.     If particular circumstances so require, the Council,
putting the cereals back on the market or for disposing              acting by a qualified majority on a proposal from the
of them by other means should be authorized;                         Commission, may establish selling procedures other than
Whereas the provisions of this Regulation replace those              those laid down in paragraph 1.
of Council Regulation (EEC) No 1146/76 of 17 May
1976 on particular and special intervention measures for
cereals (x); whereas the abovementioned Regulation                                              Article 4
should, therefore, be repealed,                                      When invitations to tender are issued under this Regu-
HAS ADOPTED THIS REGULATION:                                         lation, the terms must ensure equality of access and
                                                                     treatment to all persons concerned irrespective of the
                           Article 1                                 place of their establishment within the Community.
The particular intervention measures referred to in
Article 8 of Regulation (EEC) No 2727/75 may be taken                                           Article 5
if, in one or more regions of the Community, market
prices fall sharply in relation to the intervention price.           Regulation (EEC) No 1146/76 is hereby repealed.
                           Article 2
                                                                                                Article 6
The particular intervention measures may take the form
of buying-in of cereals having at least the qualitative and          This Regulation shall enter into force on 1 July 1986.
technical characteristics required for intervention.
                                                                     This Regulation shall be binding in its entirety and
O OJ No L 130, 19. 5. 1976, p. 9.                                    directly applicable in all Member States.