CELEX: 31977R0733
Language: en
Date: 1977-04-06 00:00:00
Title: Commission Regulation (EEC) No 733/77 of 6 April 1977 laying down detailed rules for the implementation of Regulation (EEC) No 564/77 on the transfer to the Italian intervention agency of common wheat held by the German intervention agency

7 . 4. 77                                 Official Journal of the European Communities                         No L 89/ 19
                                        COMMISSION REGULATION (EEC) No 733/77
                                                             of 6 April 1977
                   laying down detailed rules for the implementation of Regulation (EEC) No
                   564/77 on the transfer to the Italian intervention agency of common wheat held
                                                 by the German intervention agency
  THE COMMISSION OF THE EUROPEAN                                       notified to the Commission so as to enable it to assess
  COMMUNITIES ,                                                        the financial consequences of the transfer ;
  Having regard to the Treaty establishing the European                Whereas, in order to ensure that the transfer is
   Economic Community,                                                 effected as economically as possible, the cost thereof
                                                                       should be put out to tender ;
  Having regard to Council Regulation (EEC) No
  2727/75 of 29 October 1975 on the common organiza­
  tion of the market in cereals (!), as last amended by                Whereas, because of the non-commercial nature of
  Regulation (EEC) No 3138/76 (2),                                     this transfer of cereals, no monetary compensatory
                                                                       amount should be applied ;
  Having regard to Council Regulation (EEC) No
  729/70 of 21 April 1970 on the financing of the                      Whereas the measures provided for in this Regulation
  common agricultural policy (3), as last amended by                   are in accordance with the opinion of the Manage­
  Regulation (EEC) No 2788/72 (4),                                     ment Committee for Cereals,
  Having regard to Council Regulation (EEC) No
  974/71 of 12 May 1971 on certain measures of
  conjunctural policy to be taken in agriculture
                                                                       HAS ADOPTED THIS REGULATION :
  following the temporary widening of the margins of
  fluctuation     for   the    currencies     of  certain Member
  States (5), as last amended by Regulation (EEC) No
  557/76 (<>),                                                                                Article 1
  Having regard to Council Regulation (EEC) No
  2738/75 of 29 October 1975 laying down general                       1 . Pursuant to Regulation (EEC) No 564/77, the
  rules for intervention on the market in cereals (7),                 German intervention agency shall make available to
                                                                       the Italian intervention agency 300 000 tonnes of
  Having regard to Council Regulation (EEC) No                         common wheat of bread-making quality.
  564/77 of 1 5 March 1 977 on the transfer to the Italian
  intervention agency of common wheat held by the                      The German intervention agency shall arrange for the
« German intervention agency (8), and in particular                    quantity in question to be made available on 1 April
  Article 1 (4) thereof,                                               1977.
  Whereas Regulation (EEC) No 564/77 has made avail­
  able to the Italian intervention agency 300 000 tonnes
                                                                       2. The Italian and German intervention agencies
                                                                       shall communicate to each other all necessary informa­
  of common wheat of bread-making quality held by
  the German intervention agency ; whereas detailed
                                                                       tion on the characteristics of the product and shall so
                                                                       agree the places of storage, departure and destination
  rules for implementing this measure should be laid
  down ;
                                                                       as to keep transport costs to a minimum. These parti­
                                                                       culars shall be immediately communicated to the
                                                                       Commission .
  Whereas the Italian intervention agency should be
  informed without delay of the storage places of the
  quantities to be transferred ; whereas this information
  and the locations of the warehouses in Italy should be                                      Article 2
   >) OJ  No   L 281 , 1 . 11 . 1975, p. 1 .
  2)  OJ  No   L 354, 24. 12. 1976, p. 1 .                             1 . The Italian intervention agency shall take
  3)  OJ  No   L 94, 28 . 4. 1970, p. 13 .                             delivery of the common wheat, certified as being of
  «)  OJ  No   L 275, 30. 12. 1972, p. 1 .                             bread-making quality by the German intervention
  5)  OJ  No   L 106, 12. 5. 1971 , p. 1 .                             agency and loaded on the means of transport at the
   6) OJ  No   L 67, 15 . 3 . 1976, p. 1 .
   7) OJ  No   L 281 , 1 . 11 . 1975, p. 49 .                          warehouse of the supplying intervention agency, and
  8)  OJ  No   L 72, 19 . 3 . 1977, p. 1 .                             shall thereupon assume responsibility for it.
 ---pagebreak---  No L 89 / 20                      Official Journal of the European Communities                                7 . 4 . 77
 2. The cost of transporting the wheat in question            shall be produced at the customs office of departure.
 shall be determined by the Italian intervention agency       This voucher shall be numbered and shall include the
 by means of an invitation to tender. Such cost shall         following particulars :
 cover :
                                                              (a) the quantity to which it relates ;
 (a) transport (excluding loading) from the supplying
                                                             (b) the reference number of this Regulation ;
     warehouse to the receiving warehouse ;
                                                              (c) the address of the receiving warehouses of the
 (b) unloading ;                                                  Italian intervention agency ;
 (c) insurance on the value of the goods determined at       (d) any other information        necessary for control
     the intervention price of the product.                       purposes .
 3 . The invitation to tender may relate to one or           The voucher shall be retained by the customs office of
 more consignments.                                          departure.
 4.    The Italian intervention agency shall prescribe       2. The Community transit document applicable
 the terms and conditions of the invitation to tender in     shall contain in section 31 , in addition to a descrip­
accordance with the provisions of this Regulation.           tion of the goods, one of the following endorsements :
 Such terms and conditions shall provide in particular
 for the provision of security to guarantee performance      'destiné à être livré à 1 organisme d'intervention
 by successful tenderers of their obligations under the      italien, au lieu d'entreposage suivant : . . . (règlement
contract awarded to them .                                   (CEE) n0 733/77)' ;
                                                               zur Lieferung an die italienische Interventionsstelle
Provision shall also be made to ensure equality of           nach folgendem Lagerplatz : . . . (Verordnung (EWG)
access and treatment for all prospective tenderers,          Nr. 733/77)' ;
wherever they may be established in the Community.
For this purpose the Italian intervention agency shall       'destinato ad essere fornito ali organismo d intervento
communicate to the other intervention agencies and           italiano al deposito seguente : . . . (regolamento (CEE)
to the Commission the text of the notice of invitation       n . 733/77)'.
to tender, which shall be referred to in a notice
published in the Official Journal of the European            3 . Where a new document is issued in place of the
 Communities at least one week before the final date         Community transit document applicable the new
fixed by the Italian intervention agency for the submis­     document shall contain the same endorsement as the
sion of tenders .                                            original .
Tenders submitted to the Italian intervention agency         4. Where Regulation (EEC) No 304/71 is applied
shall be made and accepted in Italian lira.                  to the carriage of the product in question, the endorse­
                                                             ment provided for in paragraph 2 shall be made on
                                                             the international consignment note (CIM) in the space
5.     The contract shall be awarded to the tenderer or
                                                             headed ' Description of goods' or, as the case may be,
tenderers offering the best terms.                           on the international express parcels consignment note
                                                             TIEx). Such endorsement shall be authenticated by
However, if the tenders submitted do not correspond          the stamp of the customs office of departure.
to normal prices and costs the invitation to tender
shall be cancelled .
                                                                                      Article 4
6. The Italian authorities shall keep the Commis­
sion informed of the progress of the invitation to           No monetary compensatory amount shall be appli­
tender and shall immediately communicate the results         cable to cereals transferred pursuant to this Regula­
thereof both to it and to the German intervention
                                                             tion .
agency.
                                                                                      Article 5
                        Article 3
                                                             This Regulation shall enter into force on the third day
1.     On consignment of the goods to Italy, a removal       following its publication in the Official Journal of
voucher issued by the supplying intervention agency          the European Communities.
 ---pagebreak--- 7. 4. 77                    Official Journal of the European Communities                        No L 89/21
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States.
         Done at Brussels, 6 April 1977.
                                                                For the Commission
                                                                 Finn GUNDELACH
                                                                    Vice-President