CELEX: 31973D0255
Language: en
Date: 1973-05-24 00:00:00
Title: Commission Decision of 24 May 1973 authorizing France to apply special intervention measures for barley

23 . 8 . 73                                Official Journal of the European Communities                           No L 235/21
                                                     COMMISSION DECISION
                                                            of 24 May 1973
                       authorizing France to apply special intervention measures for barley
                                                   (Only the French text is authentic)
                                                              (73/255/EEC)
THE COMMISSION OF THE EUROPEAN                                         Whereas, this being so, measures appropriate to the
COMMUNITIES,                                                           circumstances described above should be taken so that
                                                                       the intervention agency is not obliged to make
Having regard to the Treaty establishing the European                  substantial purchases of barley, and to enable that
Economic Community ;                                                   cereal to be marketed normally within the Commu­
Having regard to Council Regulation No 120/                            nity ;
67/EEC ( 1 ) of 13 June 1967 on the common organiza­
tion of the market in cereals, as last amended by the                  Whereas, to attain the desired objectives, holders of
Act (2) annexed to the Treaty (3) concerning the Acces­                barley should be free to endeavour to market their
sion of new Member States to the European Economic                     barley until towards the end of July without the need
Community and the European Atomic Energy                               for apprehension that if they are not successful in
Community, signed at Brussels on 22 January 1972,                      marketing if they will have to sustain the considerable
and in particular the second paragraph of Article 8                    loss which they may anticipate as a result of the appli­
thereof ;                                                              cation of the intervention price prevailing at the begin­
                                                                       ning of the next marketing year ; whereas the interven­
Having regard to Council Regulation No 174/                            tion price prevailing at the beginning of the next
67/ EEC (4) of 27 June 1967 on special intervention                    marketing year ; whereas they should also be given the
measures for cereals, as last amended by Regulation                    assurance that, if they cannot sell their barley on the
(EEC) No 445/68 (5), and in particular Article 1                       market before July, they will receive an indemnity in
thereof ;                                                              respect of those storage costs they have incurred
Having regard to the request from the French Re­
                                                                       which would automatically have been borne in full by
                                                                       the intervention agency if they had delivered their
public which reached the Commission on 1 1 May
 1973 ;
                                                                       stocks to it before 31 May ;
Whereas the 1972/73 marketing year is characterized                    Whereas the measures provided for in this Decision
by an exceptional barley harvest, which in France will                 are in accordance with the Opinion of the Manage­
exceed 6 200 000 metric tons ; whereas stocks in exist­                ment Committee for Cereals ;
ance at the end of May will probably be in the region
of 1 000 000 metric tons ; whereas market prices are at
present very low, mainly because of these stocks and
also because of the downward trend in transactions
recorded on the Community market and in exports to                     HAS ADOPTED THIS DECISION :
third countries ; whereas this situation would undoubt­
edly lead to holders offering their stocks for interven­
tion before the end of May, in order to benefit from
the last monthly increase in the intervention price                                            Article 1
before that fixed for the first month of the marketing
year is applied in June and July ;                                     France may in connection with the provisions here­
Whereas, as a result, firstly, of market prices and,                   inafter contained take special intervention measures
secondly of the rules governing the offering for sale                  through its intervention agency in respect of up to
by intervention agencies of the cereals held by them ,                 500 000 metric tons of barley.
it would be virtually impossible for the French inter­
vention agency to sell the barley delivered to it, but                 These measures shall consist in the conclusion before
yet marketing possibilities exist or may arise, at the                 31 May 1973 of contracts between the intervention
market price, both inside France in some other                         agency and such holders of barley as apply therefor,
Member States ;                                                        under the terms of which :
(')  OJ  No 117, 19 . 6 . 1967 , p . 2269 / 67 .                       (a) the intervention agency guarantees that up to 25
(>)  OJ  No L 73 , 27 . 3 . 1972, p . 14 .                                 July 1973 , the holder shall have the right to
P)   OJ  No L 73 , 27 . 3 . 1972, p . 5 .
(4)  OJ  No 130 , 28 . 6 . 1967, p . 2609 / 67 .                           deliver his stocks for intervention up to the
(5 ) OJ  No L 91 , 12 . 4 . 1968 , p . 3 .                                 amount of the maximum quantity fixed by the
 ---pagebreak--- No L 235/22                              Official Journal of the European Communities                              23 . 8 . 73
      intervention agency, at the intervention price                Bourgogne, Centre, Champagne, Nord, Picardie, Fran­
      prevailing, at the time the contract is concluded, at        che-Conte, Lorraine, Alsace and the Paris region .
      the centre designated by the holder under Article
      1 of Regulation No 132/67/ EEC (*) of 13 June                                        Article 3
      1967 laying down general rules for intervention on
      the market in cereals ;                                       The acceptance and offering for sale by the interven­
(b) the holder may, between conclusion of the                       tion agency of the barley deliveries for intervention by
      contract and 25 July 1973, retain possession of the           the holders referred to in Article 1 (c) shall take place
      barley and market it, but so that by exercising this          in accordance with the arrangements made in pursu­
      right he shall be taken to renounce his rights                ance of Article 7 of Regulation No 120/67/ EEC.
      under the guarantee provided for in (a) ;
(c) if on or after 1 July 1973 before 11 July 1973 the                                     Article 4
      holder exercises his right to deliver his cereal for
      intervention , the intervention agency shall grant            France shall keep the Commission informed of
      him a flat-rate storage indemnity of 0-80 unit of             progress in implementing the measures provided for
                                                                    in this Decision .
      account per metric ton .
      This amount shall be 0-95 unit of account per                                        Article 5
      metric ton if the holder exercises the right afore­
      said on or after 11 July 1973 but before 26 July              This Decision is addressed to the French Republic .
       1973 .
The intervention agency shall, before signature of the
 contract, check the existence of applicants' stocks.               Done at Brussels, 24 May 1973 .
                                                                                              For the Commission
                            Article 2
                                                                                                  The President
 The measures referred to in Article 1 shall apply to
 barley in storage in the following economic regions :                                       Francois-Xavier ORTOLI
  (') OJ No 120 , 21 . 6 . 1967 , p . 2364/ 67 .