CELEX: 31980R2556
Language: en
Date: 1980-10-04 00:00:00
Title: Commission Regulation (EEC) No 2556/80 of 3 October 1980 applying a particular intervention measure in respect of common wheat

No L 261 /8                                 Official Journal of the European Communities                              4. 10 . 80
                                      COMMISSION REGULATION (EEC) No 2556/80
                                                          of 3 October 1980
                    applying a particular intervention measure in respect of common wheat
THE COMMISSION OF THE EUROPEAN                                         is earned out shall be considered as being the date on
COMMUNITIES,                                                           which the event occurs, as defined by Community
                                                                       rules or, in the absence of and pending adoption of
Having regard to the Treaty establishing the European                  such rules, by the rules of the Member State
Economic Community,                                                    concerned, which gives entitlement to the amount
                                                                       involved in the transaction ; whereas, however, by
Having regard to Council Regulation (EEC) No                           virtue of Article 4 (3) of Regulation (EEC) No 878/77,
2727/75 of 29 October 1975 on the common organiza­                     derogations may be made from the abovementioned
tion of the market in cereals (J), as last amended by                  provisions ;
Regulation (EEC) No 1870/80 (2), and in particular
Article 8 ( 1 ) thereof,                                               Whereas, in respect of private storage aid for the
                                                                       sector in question, the rate of exchange to be used for
Having regard to Council Regulation (EEC) No                           calculating the amount of this aid in national
878/77 of 26 April 1977 on the exchange rates to be                    currency, and also the other amounts provided for in
applied in agriculture (3), as last amended by Regula­                 this Regulation, should be that obtaining at the time
tion (EEC) No 1366/80 (4),                                             when the storage contract comes to an end ;
Whereas under Article 8 ( 1 ) of Regulation (EEC) No                   Whereas the measures provided for in this Regulation
2727/75, in order to prevent substantial intervention                  are in accordance with the opinion of the Manage­
buying-in in certain regions, the competent national                   ment Committee for Cereals,
authorities may be authorized to take particular inter­
vention measures ;
                                                                        HAS ADOPTED THIS REGULATION :
Whereas Council Regulation (EEC) No 1146/76 of 17
May 1976 (5) lays down the general rules for the appli­
cation of particular and special measures ;
                                                                                                Article 1
Whereas such measures may consist in the conclusion
of a storage contract between the intervention agency                   1 . The intervention agency of the Federal Republic
and a holder, for a daily payment ;                                     of Germany shall conclude with holders of common
                                                                       wheat who so request storage contracts under the
Whereas in view of the present situation and the                        conditions laid down in this Regulation .
outlook with regard to the disposal of cereals in
Schleswig-Holstein, there is concern about the state of                 2. This particular intervention measure shall relate
the market in that region for the first six months of                   to a total quantity of 240 000 tonnes of common
the 1980/81 marketing year ; whereas storage                            wheat harvested in Schleswig-Holstein and having a
 measures should therefore be adopted in respect of a                   Hagberg falling number less than 160 seconds.
 total quantity of 240 000 tonnes of common wheat ;
whereas these measures should be applied with effect
 from 16 October 1980 and detailed rules relating
 thereto should be laid down ;                                                                  Article 2
 Whereas, under Article 4 (2) of Council Regulation
 (EEC) No 11 34/68 (6), sums referred to in the said                     1.    The particular measure provided for in this Regu­
 Article are to be paid on the basis of the conversion                  lation   shall  involve  the   conclusion  of   contracts
 rate applicable at the time when the transaction or                    between the intervention agency and holders of
 part transaction is carried out ; whereas, under Article               common wheat, under which :
 6 of the same Regulation, the time when a transaction
                                                                        (a) the holders shall undertake to keep in store a speci­
 (») OJ No  L   281 , 1 . 11 . 1975, p. 1 .                                  fied quantity of common wheat, at a specified
 (2) OJ No  L   184,  17. 7. 1980, p. 1 .                                    place of storage from 16 October 1980 until 15
 (3) OJ No  L   106,  29. 4. 1977, p. 27.                                    January 1981 in respect of the whole quantity,
 {*) OJ No  L   140,  5. 6. 1980, p. 19 .
 (5) OJ No  L   130,  19 . 5. 1976, p. 9 .                                   until 15 February 1981 for two thirds and until 15
 (') OJ No  L   188,  1 . 8 . 1968 , p. 1 .                                  March 1981 for the last third.
 ---pagebreak--- 4. 10 . 80                          Official Journal of the European Communities                            No L 261 /9
(b) the intervention agency shall grant to the holders,                                  Article 4
     on expiry of the longest storage period specified in
     (a), a daily premium intended to cover the costs of        1 . To qualify for this particular intervention
     the operation, fixed at a standard rate of 0-03 ECU       measure provided for in this Regulation, common
                                                               wheat must be sound, genuine and of merchantable
     per tonne.
                                                               quality within the meaning of paragraph 2 and must
2. The premium referred to in paragraph 1 (b) shall            have a Hagberg falling number less than 160 seconds .
be granted on the quantity remaining at the place of           2.      Common wheat shall          be considered sound,
storage throughout the period. An amount of nine
                                                               genuine and of merchantable quality if it satisfies the
 ECU per tonne shall be levied in respect of any
                                                               conditions laid down in Article 2 of Regulation (EEC)
missing quantity. However, a tolerance of 3 kg per             No 1569/77 (»).
tonne shall be allowed when applying this paragraph .
 3 . The intervention agency shall verify the exist­                                      Article 5
ence of claimants' stocks before signature of the
 contract and at the end of the period of storage. It           If, at the end of the storage period, common wheat
shall also carry out all the necessary control measures        which has been the subject of the particular interven­
 to ensure that the obligations are complied with .             tion measure provided for in this Regulation does not
                                                                meet the quality requirements laid down in Article 4,
 4.    Transfers from one store to another may be               the premium referred to in Article 2 ( 1 ) (b) shall not
 made only with the authorization of the intervention           be paid in respect of the quantities in question .
 agency. The costs of such transfers shall be borne by
 the holder.                                                                              Article 6
                          Article J                             The Member State concerned shall keep the Commis­
                                                                sion informed as to the progress of the operations
 Holders who wish to enter into such contracts must             provided for in this Regulation .
 make a written application, which shall have the effect
 of a firm commitment, to the intervention agency                                         Article 7
 before 8 October 1980, indicating the quantity in ques­
 tion, which may not be less than 200 tonnes.                   The conversion rate to be applied to the various mone­
                                                                tary amounts given in this Regulation shall be the
 Should the total quantities for which holders wish to          representative rate in force on the day when the
 contract exceed those specified in Article 1 (2), the          contract effectively comes to an end .
 intervention agency shall apportion the quantities to
 be contracted for in proportion to the quantity offered                                  Article 8
 by each holder. In that case the minimum quantity
 shall be 80 tonnes. The intervention agency shall              This Regulation shall enter into force on the day
 notify the holders, before 16 October 1980, of the             following its publication in the Official Journal of
 quantities to be contracted for.                                the European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 3 October 1980 .
                                                                           For the Commission
                                                                            Finn GUNDELACH
                                                                               Vice-President
                                                                 ( l) OJ No L 174, 14. 7 . 1977, p. 15 .