CELEX: 31977R0022
Language: en
Date: 1977-01-05 00:00:00
Title: Commission Regulation (EEC) No 22/77 of 5 January 1977 on the transfer to the Italian intervention agency of the first instalment of butter pursuant to Regulation (EEC) No 2452/76

No L 5/ 8                                  Official Journal of the European Communities                                      7 . 1 . 77
                                       COMMISSION REGULATION ( EEC) No 22/77
                                                         of 5 January 1977
               on the transfer to the Italian intervention agency of the first instalment of
                                       butter pursuant to Regulation (EEC) No 2452/76
THE COMMISSION OF THE EUROPEAN                                       Whereas in order to find the most economical way of
COMMUNITIES ,                                                        carrying out such an operation , recourse should be
                                                                      had to a tendering procedure for the transport to
Having regard to the Treaty establishing the European                 Italy ;
Economic Community,
                                                                     Whereas, in view of the specific objectives of this
                                                                      transfer and because of the current uncertainty on the
Having regard to Council Regulation ( EEC) No                         development of the butter market in Italy, it is advis­
804/ 68 of 27 June 1968 on the common organization                   able to lay down that, until a new situation develops,
of the market in milk and milk products ('), as last                  the   first  instalment    of butter       referred to  in    this
amended by Regulation ( EEC) No 559/76 (2 ), and in                   measure may only be sold pursuant to Commission
particular Articles 6 (7) and 28 thereof,                             Regulation (EEC) No 1717/72 of 8 August 1972 on
                                                                      the sale of butter at a reduced price to non-profit­
Having regard to Council Regulation (EEC) No                          making institutions and organizations (8), as last
729/70 of 21 April 1970 on the financing of the                       amended by Regulation ( EEC) No 2575/76 (9) ;
common agricultural policy (3 ), as last amended by
Regulation ( EEC) No 2788 / 72 (4 ),
                                                                      Whereas, because of the non-commercial nature of
                                                                      the transfer of the butter in question, no monetary
Having regard to Council Regulation ( EEC) No                         compensatory amount should be applied ;
974/71 of 12 May 1971 on certain measures of
conjunctural policy to be taken in agriculture
following the temporary widening of the margins of                    Whereas the measures provided for in this Regulation
fluctuation    for   the     currencies     of  certain Member        are in accordance with the opinion of the Manage­
States (5), as last amended by Regulation ( EEC) No                   ment Committee for Milk and Milk Products,
557/76 (6), and in particular Article 6 thereof,
Having regard to Council Regulation (EEC) No
2452/ 76 of 5 October 1976 on the transfer to the                     HAS ADOPTED THIS REGULATION :
Italian intervention agency of butter held by the inter­
vention agencies of other Member States ( 7), and in
particular Article 1 (2) thereof,
                                                                                                  Art idc 1
Whereas, pursuant to Regulation ( EEC) No 2452/76,
 10 000 tonnes of butter held by the intervention agen­                1.     Pursuant to Regulation ( EEC) No 2452/76, the
cies of other Member States was made available to the                 German intervention agency shall make available to
Italian intervention agency ; whereas the transfer of                 the Italian intervention agency 5 000 tonnes of butter
the first instalment of 5 000 tonnes of butter made                   bought-in in accordance with Article 7 ( 1 ) of Regula­
available by the German intervention agency should                    tion (EEC) No 804/ 68 .
be commenced, and detailed rules for implementing
this measure should be laid down ;
                                                                      2. The German intervention agency shall arrange
                                                                      that the quantity in question is made available on 10
Whereas the Italian intervention agency should                        January 1977 .
rapidly be informed of the storage places of the quan­
tity to be transferred ; whereas this information as well
as that concerning the geographical situation of the                  It shall choose as few places of storage as possible,
storage places in Italy should be notified to the                     preferably from amongst the places nearest to the
Commission so as to enable it to determine the finan­                 country of destination .
cial consequences of this transfer ;
                                                                      Within seven days of the entry into force of this Regu­
   ') OJ  No L 148 , 28 . 6 . 1968 , p. 13.                           lation , it shall communicate to the Italian intervention
  -') OJ  No L 67, 15 . 3 . 1976 , p. 9 .                             agency and to the Commission the list of places
   ') OJ  No L 94, 28 . 4 . 1970 , p. 13 .
  ->) OJ  No L 295, 30 . 12 . 1972, p. I.                             where the quantity to be transferred is stored .
  >)  OJ  No L 106, 12 . 5 . 1971 , p. I.
  fc) 0 | No L 67 , 15 . 3 . 1976 , p. I.                             (s) 0 ( No L 181 , 9 . 8 . 1972, p . 1 1 .
( 7 ) OJ No L 279 , 9 . 10 . 1976, p. I.                              O Oj No L 29.?, 23 . 10 . 1976, p. 23 .
 ---pagebreak--- 7 . 1 . 77                         Official Journal of the European Communities                                No L 5/ 9
3.      Within 12 days of the entry into force of this        5 . The Italian authorities shall keep the Commis­
Regulation , the Italian intervention agency shall           sion informed of the progress of the tendering proce­
communicate to the German intervention agency and            dure and shall immediately communicate the results
to the Commission the list of depots where the quan­         thereof both to it and to the German intervention
tity concerned is to be stored .                             agency .
4.      Article 7 of Regulation ( EEC) No 685/69 shall
apply as regards the refrigerated depots where the
butter will be stored by the Italian intervention                                      Article 3
agency .
                                                              1.     On consignment of the butter to Italy, a removal
                                                             voucher issued by the supplying intervention agency
                         Article 2                           shall be produced at the customs office of departure .
                                                             Such voucher shall be numbered and shall include the
 1.     After checking the quantity, quality and pack­       following particulars :
aging of the butter, the Italian intervention agency
shall take delivery of the goods, loaded on to the           (a) the description of the goods ;
means of transport at the loading ramp of the storage
depot of the supplying intervention agency, and shall        (b) the number and nature of the packages together
thereupon assume responsibility for them .                         with the marks and numbers borne by them ;
                                                             (c) the gross and net weight of the goods ;
2. The amount of the costs of transporting the
butter in question shall be determined by the Italian        (d) a reference to this Regulation ;
intervention agency by means of a tendering proce­           (e) the address of the recipient storage depot of the
dure . Such costs shall cover :
                                                                   Italian intervention agency .
(a) transport (excluding the loading) from the loading
     ramp of the supplying storage depot to the              The vouchers shall be retained by the customs office
     delivery ramp of the recipient storage depot ;          of departure .
(b) unloading and placing in refrigerated store ;
                                                              2.     The Community transit document applicable
(c) insurance on the value of the goods determined by        shall contain in Section No 31 , in addition to a
     the intervention price of butter.                       description of the goods, one of the following endorse­
                                                              ments :
3.      The Italian intervention agency shall determine
the terms and conditions of the invitation to tender,
                                                             'destiné à être livré à 1 organisme d intervention
in accordance with the provisions of this Regulation .        italien , à l'entrepôt suivant : . . . (règlement (CEE) n 0
They shall provide for, in particular, the lodging of a       22/77)',
security to guarantee fulfilment of the obligations
under the tendering procedure .                              ' zur Lieferung an die italienische Interventionsstelle
                                                              nach folgendem Lagerhaus : . . . (Verordnung ( EWG)
They shall also ensure equality of access and treat­          Nr. 22/ 77)',
ment for all interested parties wherever they may be
established in the Community . For this purpose the          'destinato ad essere fornito ali organismo d intervento
Italian intervention agency shall communicate to the          italiano al deposito seguente : . . . (regolamento (CEE)
other intervention agencies and to the Commission             n . 22/ 77)'.
the text of the notice of tender, which shall be
referred to in a notice published in the Official
 Journal of the European Communities at least eight           3.     Where a new document is issued in place of the
days before the final date fixed by the Italian interven­     Community transit document applicable, the new
tion agency for the submission of tenders .                  document shall contain the same endorsement as the
                                                             original document .
Tenders submitted to the Italian intervention agency
shall be made and accepted in Italian lire .                  4.     Where Regulation ( EEC) No 304/71 applies to
                                                              the carriage of the butter in question , the endorse­
4.      The contract shall be awarded to the tenderer or      ment provided for in paragraph 2 shall be made on
tenderers offering the most favourable terms .                the International Consignment Note (CIM) in the
                                                              space headed ' Description of goods' or, as the case
However, if the tenders submitted do not correspond           may be, on the International Express Parcels Consign­
to normal prices and costs, the invitation to tender          ment note (TIEx). Such endorsement shall be authenti­
shall be cancelled .                                          cated by the stamp of the customs office of departure .
 ---pagebreak--- No L 5 / 10                       Official Journal of the European Communities                             7 . 1 . 77
                        Article 4                           tion of Regulation ( EEC) No 1717/72. The Italian
                                                            intervention agency may only sell under that Regula­
No monetary compensatory amount shall be appli­             tion up to 1 000 tonnes of butter.
cable to the butter transferred pursuant to this Regula­
tion .                                                      Such sale shall be limited to non-profit-making institu­
                                                            tions and organizations established in Italy.
                        Article 5                                                   Article 6
Pending other provisions, the sale of the butter            This Regulation shall enter into force on the third day
referred to in the present Regulation by the Italian        following its publication in the Official Journal of
intervention agency shall be restricted to the applica­      the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 5 January 1977.
                                                                     For the Commission
                                                                       P. J. LARDINOIS
                                                                  Member of the Commission