CELEX: 31977R1011
Language: en
Date: 1977-05-13 00:00:00
Title: Commission Regulation (EEC) No 1011/77 of 13 May 1977 on the transfer to the Italian intervention agency of the second instalment of butter pursuant to Regulation (EEC) No 2452/76

No L 121 / 12                           Official Journal of the European Communities                              14. 5. 77
                                   COMMISSION REGULATION (EEC) No 1011 /77
                                                        of 13 May 1977
               on the transfer tp the Italian intervention agency of the second instalment of
                                     butter pursuant to Regulation (EEC) No 2452/76
THE COMMISSION OF THE EUROPEAN                                    tity to be transferred ; whereas this information as well
COMMUNITIES,                                                      as that concerning the geographical situation of the
                                                                  storage places in Italy should be notified to the
 Having regard to the Treaty establishing the European            Commission so as to enable it to determine the finan­
 Economic Community,                                              cial consequences of this transfer ;
 Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization                 Whereas in order to find the most economical way of
of the market in milk and milk products ('), as last              carrying out such an operation, recourse should be
amended by Regulation ( EEC) No 559/76 (2), and in                had to a tendering procedure for the transport to
particular Articles 6 (7) and 28 thereof,                         Italy ;
 Having regard to Council Regulation (EEC) No                     Whereas, in view of the specific objectives of this
729/70 of 21 April 1970 on the financing of the                   transfer, it is advisable to lay down that the second
common agricultural policy (3), as last amended by                instalment of butter referred to in this measure is
 Regulation (EEC) No 2788/72 (4),                                 offered for sale under Commission Regulation (EEC)
 Having regard to Council Regulation ( EEC) No                    No 1282/72 of 21 June 1972 on the sale of butter at a
 974/71 of 12 May 1971 on certain measures of                     reduced price to the army and similar forces (n ), as
conjunctural policy to be taken in agriculture                    last amended by Regulation (EEC) No 920/77 ( 12),
following the temporary widening of the margins of                Commission Regulation (EEC) No 232/75 of 30
 fluctuation   for the    currencies       of certain Member      January 1975 on the sale of butter at reduced prices
States (5), as last amended by Regulation (EEC) No                for use in the manufacture of pastry products and ice­
 557/76 (6), and in particular Article 6 thereof,                 cream ( 13), as last amended by Regulation (EEC) No
                                                                  920/77, and Commission Regulation (EEC) No
 Having regard to Council Regulation ( EEC) No                    2315/76 of 24 September 1976 on the sale of butter
2452/76 of 5 October 1976 on the transfer to the                  from public stocks ( 14) ;
 Italian intervention agency of butter held by the inter­
vention agencies of other Member States (7), as                   Whereas because of the non-commercial nature of the
amended by Regulation (EEC) No 539/77 (8), and in                 transfer of the butter in question, no monetary
 particular Article 1 (2) thereof,                                compensatory amount should be applied ;
Whereas, pursuant to Regulation ( EEC) No 2452/76,
 10 000 tonnes of butter held by the intervention agen­           Whereas the measures provided for in this Regulation
cies of other Member States was made available to the             are in accordance with the opinion of the Manage­
 Italian intervention agency ; whereas the transfer of            ment Committee for Milk and Milk Products,
the first instalment of 5 000 tonnes of butter was
made under Commission Regulation (EEC) No 22/77
of 5 January 1977 (9), as last amended by Regulation
(EEC) No 629/77 ( 10) ; whereas the transfer of the               HAS ADOPTED THIS REGULATION :
second instalment of 5 000 tonnes of butter made
available by the French and Luxembourg intervention
agencies should be commenced, and detailed rules for
 implementing this measure should be laid down ;                                               Article 1
Whereas the Italian intervention agency should
rapidly be informed of the storage places of the quan­             1 . Pursuant to Regulation (EEC) No 2452/76, the
                                                                  French and Luxembourg intervention agencies shall
(>) OJ No L 148 , 28 . 6 . 1968 , p . 13 .                        make available to the Italian intervention agency
(2) OJ No L 67, 15. 3 . 1976, p . 9 .                             5 000 tonnes of butter bought-in in accordance with
(>) OJ No L 94, 28 . 4. 1970 , p . 13 .                           Article 7 ( 1 ) of Regulation (EEC) No 804/68 divided
(4) OJ No L 295, 30 . 12. 1972, p . 1 .
(5) OJ No L 106, 12. 5 . 1971 , p . 1 .                           up as follows :
(6) OJ No L 67, 15. 3 . 1976, p . 1 .
O OJ No L 279, 9 . 10 . 1976, p. 1 .                              (")  OJ No   L  142, 22. 6 . 1972, p. 14.
(8) OJ No L 70, 17. 3 . 1977, p . 1 .                             0 2) OJ No   L  108 , 30 . 4. 1977, p. 75.
H OJ No L 5 , 7. 1 . 1977, p. 8 .                                 C 3) OJ No   L  24, 31 . 1 . 1975, p. 45 .
( I0) OJ No L 78 , 26. 3 . 1977, p . 12.                          (««) OJ No   L  261 , 25. 9 . 1976, p. 12.
 ---pagebreak---   14. 5. 77                        Official Journal of the European Communities                           No L 121 / 13
  French intervention agency : 3 800 tonnes,                   established in the Community. For this purpose the
  Luxembourg intervention agency : 1 200 tonnes.               Italian intervention agency shall communicate to the
                                                               other intervention agencies and to the Commission
  2. The French and Luxembourg intervention agen­              the text of the notice of tender, which shall be
 cies shall arrange that the quantities in question are        referred to in a notice published in the Official
  made available at the latest on 23 May 1977.                Journal of the European Communities at least 12
                                                              days before the final date fixed by the Italian interven­
 They shall choose as few places of storage as possible,       tion agency for the submission of tenders.
 preferably from amongst the places nearest to the
 country of destination .                                     Tenders submitted to the Italian intervention agency
                                                              shall be made and accepted in Italian lire.
 Within seven days of the entry into force of this
 Regulation, they shall communicate to the Italian            4.     The contract shall be awarded to the tenderer or
 intervention agency and to the Commission the list of        tenderers offering the most favourable terms.
 places where the quantities to be transferred are
 stored .
                                                               However, if the tenders submitted do not correspond
                                                              to normal prices and costs, the invitation to tender
 3. Within 15 days of the entry into force of this            shall be cancelled .
 Regulation, the Italian intervention agency shall
 Communicate to the French and Luxembourg interven­           5. The Italian authorities shall keep the Commis­
 tion agencies and to the Commission the list of              sion informed of the progress of the tendering proce­
 depots where the quantities concerned are to be              dure and shall immediately communicate the results
 stored .
                                                              thereof both to it and to the French and Luxembourg
 4. Article 7 of Regulation (EEC) No 685/69 shall             intervention agencies.
 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
                         Article 2                            voucher issued by the supplying intervention agency
                                                              shall be produced at the customs office of departure.
 1 . After checking the number of packages, the               Such voucher shall be numbered and shall include the
quality and the packaging of the butter, the Italian          following particulars :
 intervention agency shall take delivery of the goods,
loaded on to the means of transport at the loading           (a) the description of the goods ;
ramp of the storage depot of the supplying interven­         (b) the number of packages, the mark or the identifica­
 tion agency, and shall thereupon assume responsi­                 tion number of the dairy ;
bility for them .
                                                             (c) the gross and net weight of the goods ;
A quality certificate, accompanying the goods, shall be      (d) a reference to this Regulation ;
given by the supplying intervention agency.
                                                             (e) the address of the recipient storage depot of the
2. The amount of the costs of transporting the                     Italian intervention agency.
butter in question shall be determined by the Italian
intervention agency by means of a tendering proce­           The vouchers shall be retained by the customs office
dure . Such costs shall cover :                              of departure.
(a) transport (excluding the loading) from the loading       2.      The Community transit document applicable
     ramp of the supplying storage depot to the              shall contain in Section No 31 , in addition to a
     delivery ramp of the recipient storage depot ;          description of the goods, one of the following endorse­
(b) unloading and placing in refrigerated store ;            ments :
(c) insurance on the value of the goods determined by        ' Destiné à être livré à 1 organisme d intervention
     the intervention price of butter.                       italien, à l'entrepôt suivant : . . . (règlement (CEE) n0
                                                              1011 /77)',
3.     The Italian intervention agency shall determine
the terms and conditions of the invitation to tender,        ' Destinato ad essere fornito all organismo d'intervento
in accordance with the provisions of this Regulation .       italiano al deposito seguente : . . . (regolamento (CEE)
They shall provide for, in particular, the lodging of a      n . 1011 /77)'.
security to guarantee fulfilment of the obligations
under the tendering procedure.                               3 . Where a new document is issued in place of the
                                                             Community transit document applicable, the new
They shall also ensure equality of access and treat­         document shall contain the same endorsement as the
ment for all interested parties wherever they may be         original document.
 ---pagebreak--- No L 121 / 14                    Official Journal of the European Communities                             14. 5 . 77
4. Where Regulation (EEC) No 304/71 applies to                                     Article 5
the carriage of the butter in question, the endorse­
ment provided for in paragraph 2 shall be made on           The butter transferred under the present Regulation
the International Consignment Note (CIM) in the             may only be sold by the Italian intervention agency
space headed 'Description of goods' or, as the case         under Regulations (EEC) No 1282/72, (EEC) No
may be, on the International Express Parcels Consign­       232/75 and (EEC) No 2315/76.
ment note (TIEx). Such endorsement shall be authenti­
cated by the stamp of the customs office of departure.
                                                                                   Article 6
                       Article 4
                                                            This Regulation shall enter into force on the third day
No compensatory amount shall be applicable to the           following its publication in the Official Journal of
butter transferred pursuant to this Regulation .            the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 13 May 1977.
                                                                     For the Commission
                                                                      Finn GUNDELACH
                                                                         Vice-President