CELEX: 31976D0346
Language: en
Date: 1976-03-19 00:00:00
Title: Commission Decision of 19 March 1976 authorizing the French Republic to apply special intervention measures for durum wheat

6. 4. 76                                Official Journal of the European Communities                           No L 91 / 19
                                                                  II
                                            (Acts whose publication is not obligatory)
                                                     COMMISSION
                                                   COMMISSION DECISION
                                                         of 19 March 1976
              authorizing the French Republic to apply special intervention measures for
                                                           durum wheat
                                                 (Only the French text is authentic)
                                                            (76/346/EEC)
THE COMMISSION OF THE EUROPEAN                                       Whereas suitable measures should be taken in the
COMMUNITIES,                                                         circumstances described above to avoid the relevant
                                                                     intervention agency having to make large purchases of
                                                                     durum wheat ; whereas the market should therefore be
Having regard to the Treaty establishing the European
Economic Community,                                                  relieved by the removal from it for a fixed period of a
                                                                     quantity of this wheat ; whereas 250 000 metric tons
                                                                     appears to be sufficient to attain that objective in
Having regard to Council Regulation (EEC) No                         France ; whereas contracts should be established for
2727/75 of 29 October 1975 on the common organiza­                   this purpose between the holders and the relevant
tion of the market in cereals (*), as last amended by                intervention agencies and the detailed rules for this
Regulation (EEC) No 3058/75 (2), and in particular the               system should be laid down ;
second paragraph of Article 8 and Article 24 thereof,
Having regard to Council Regulation (EEC) No
2740/75 of 29 October 1975 on special intervention                   Whereas, in order to attain the said objectives, the
measures for cereals (3), and in particular Article 1                holders of durum wheat should be given an allowance
thereof,                                                             for the storage costs which they will incur and which
                                                                     would have been automatically and wholly at the
                                                                     expense of the intervention agency if they had deliv­
Having regard to the communication from the French                   ered their stocks to it ;
Republic of 25 February 1976 setting out the particu­
larly difficult situation for holders of durum wheat
and requesting special intervention measures in the
case of this wheat,                                                  Whereas in case of any possible disturbance on the
                                                                     Community market, the relevant intervention agency
Whereas the market price for durum wheat stands and                  should remain in a position to authorize the termina­
will probably continue to stand at about the level of or             tion of the storage of the quantity in question, under
below the intervention price ; whereas as a result the               the procedure laid down in Article 26 of Regulation
market situation gives rise to the fear that massive                 (EEC) No 2727/75 ;
amounts of this wheat may be delivered into interven­
tion immediately before the new harvest ;
(1 ) OJ No L 281 , 1 . 11 . 1975, p. 1 .                             Whereas the measures provided for in this Decision
(2) OJ No L 306, 26. 11 . 1975, p. 3 .                               are in accordance with the opinion of the Manage­
 3) OJ No L 281 , 1 . 11 . 1975, p. 54.                              ment Committee for Cereals,
 ---pagebreak--- No L 91 /20                        Official Journal of the European Communities                              6. 4. 76
HAS ADOPTED THIS DECISION :                                  The intervention agency shall check the existence of
                                                             the stocks of each applicant before the signature of
                         Article 1                           the contract and again at the end of the period of
                                                             storage. It shall also carry out all necessary control
The French Republic is hereby authorized to carry            measures to ensure that the undertaking is respected.
out, through its intervention agency, special interven­
tion operations in respect of 250 000 metric tons of
durum wheat in accordance with the following provi­                                  Article 4
sions.
These operations shall involve the conclusion before          1 . The Member State concerned may be authorized,
20 March 1976 of contracts between the intervention           in accordance with the procedure laid down in Article
agency and holders of durum wljeat, under which :             26 of Regulation (EEC) No 2727/75, to terminate the
                                                             undertaking provided for in Article 1 (a), in whole or
(a) the holders shall undertake to keep a given quan­        in part, with effect from any date after 1 October
    tity of durum wheat in store from 1 April to 31           1976. In this case the daily premium referred to in
    December 1976 ;                                          Article 1 (b) shall be granted up to the day fixed by
(b) the intervention agency shall grant to the      holders  the Member State for the termination of the under­
    of that quantity, at the end of the period      referred taking.
    to under (a), a daily premium to cover the      costs of
    the operation fixed at a flat rate of 0-038      unit of  For the remainder of the period from such day of
    account per metric ton .                                  termination until 31 December 1976, a penalty
                                                              premium of up to 0*008 unit of account per metric
Subject to Article 4, the premium referred to under (b)      ton per day shall be paid, subject to a maximum of
shall only be granted if the whole contracted quantity       0-24 unit of account per metric ton.
to which the undertaking relates, remains at the end
of the period referred to under (a). Furthermore an          2. The Member State may release the holder in
amount of three units of account per metric ton shall        whole or in part from the undertaking referred to in
be levied in respect of any quantity which is missing.       Article 1 (a) if the latter so requests the intervention
However, a tolerance of 3 kg per metric ton shall be          agency. In this case the daily premium shall be
allowed when applying this paragraph .                       granted in accordance with the rules laid down in para­
                                                             graph 1 but no penalty premium shall be paid.
                         Article 2
Holders who wish to enter into such an undertaking                                   Article 5
must make a written application, amounting to a firm
undertaking, to the intervention agency before 20
March 1976 indicating the quantity in question which         The French Republic shall keep the Commission
may not be less than 200 metric tons.                         informed of the development of the operations
                                                              provided for in this Decision .
In the event of the total quantity for which holders
wish to give undertakings exceeding the quantity
referred to in the first paragraph of Article 1 , the inter­                         Article 6
vention agency shall allocate the quantities to be the
subject of undertakings in proportion to the quantity        This Decision is addressed to the French Republic.
offered by each holder.
The competent agency shall notify the holders before
 1 April 1976 of the quantities to be subject to under­       Done at Brussels, 19 March 1976.
takings.
                         Article 3                                                      For the Commission
Operations referred to in Article 1 may only relate to                                    P.J. LARDINOIS
durum wheat from the 1975 crop which fulfils the
conditions laid down for acceptability for intervention .                          Member of the Commission