CELEX: 31974D0443
Language: en
Date: 1974-07-26 00:00:00
Title: Commission Decision of 26 July 1974 authorizing the Federal Republic of Germany to apply special intervention measures for barley

5 . 9 . 74                                Official Journal of the European Communities                               No L 243 /25
                                                     COMMISSION DECISION
                                                           of 26 July 1974
                authorizing the Federal Republic of Germany to apply special intervention measures for
                                                                 barley
                                                  (Only the German text is authentic)
                                                             (74/443/EEC)
 THE COMMISSION OF THE EUROPEAN                                          be sufficient to attain that objective ; whereas to this
 COMMUNITIES ,                                                          end contracts should be established         between    the
                                                                        holders and the German intervention agency and
                                                                         the detailed rules for this system should be laid
 Having regard to the Treaty establishing the                            down ;
 European Economic Community ;
                                                                        Whereas in order to attain the objectives referred
 Having regard to Council Regulation No 120/67/                         to, the holders of barley should be given an
 EEC ( 1 ) of 13 June 1967 on the common                                 allowance for the storage costs which they will incur
 organization of the market in cereals, as last                          and which would have been automatically and
 amended by Regulation (EEC) No 1125 /74 (2) and                         wholly at the expense of intervention agency if they
 in particular the second paragraph of Article 8 and                    had offered their stocks to it ;
 Article 24 thereof;
                                                                        Whereas in case of any disturbance on the Com­
 Having regard to Council Regulation No 174/67/                         munity market, the possibility should remain for the
 EEC (3) of 27 June 1967 on special intervention                        intervention agencies concerned to authorize the
 measures for cereals, as last amended by Regulation                    termination of storage for the quantities in question,
 (EEC) No 445/68 (4), and in particular Article 1                       under the procedure laid down in Article 26 of
 thereof;                                                                Regulation No 120/67/EEC ;
 Having regard to the communication from the                            Whereas the measures provided for in this Decision
 Federal Republic of Germany, which reached the                         are in accordance with the Opinion of the Manage­
 Commission on 13 July 1974, stating the particularly                   ment Committee for Cereals,
 difficult situation for holders of barley and including
a request for special intervention measures covering
250 000 metric tons of barley;                                          HAS ADOPTED THIS DECISION :
 Whereas as a result of the price relationship between                                            Article 1
cereals during previous marketing years quantities of
barley amounting to about 300 000 metric tons have                      The Federal Republic of Germany is authorized to
regularly been placed in intervention in Germany ;                      have its intervention agency carry out special
whereas the market situation may give rise to the                       intervention operations for 150 000 metric tons of
fear of renewed deliveries of this product into                         barley within the framework of the undermentioned
intervention immediately after the harvest ;                           provisions.
W'hereas measures suited to the circumstances                          These operations shall involve the conclusion before
described above should be taken in order to avoid                      29 August 1974 of contracts, between the inter­
the German intervention agency being obliged to                        vention agency and holders of barley, in terms of
make large purchases of barley; whereas the market                     which :
should therefore be eased by removing from it for
a fixed period a quantity of this product ; whereas                     ( a) the holders shall undertake to keep in store
a quantity of 150 000 metric tons would seem to                               from 12 August to 31 December 1974 a given
                                                                              quantity of barley;
                                                                        ( b ) the intervention agency shall grant to the holders
                                                                              of that quantity, at the end of the period laid
O    OJ   No 117. 19 . 6 . 1967, p. 2269/67.                                  down in (a), a monthly premium, intended to
(2)  OJ   No L 128 , 10 . 5 . 1974, p. 12.
(3)   OJ  No 130, 28 . 6 . 1967, p . 2609/67.                                 cover storage and credit costs, fixed contractually
(4)  OJ   No L 91 , 12 . 4. 1968 , p. 3 .                                     at 0-70 unit of account per metric ton.
 ---pagebreak--- No L 243 /26                        Official Journal of the European Communities                                5 . 9 . 74
                        Article 2                              of Regulation No 120/67/EEC, to terminate the
                                                               undertaking provided for in Article 1 (a).
Holders who wish to enter such an undertaking
must make a written application amount to a firm               In this case the monthly premium referred to in
undertaking to the intervention agency before                  Article 1 (b) shall be granted up to the day fixed for
12 August 1974, indicating the quantity in question,           termination of the undertaking at the end of the
which may not be less than 300 metric tons.                    actual period of storage.
Should the total quantity in respect of which the              If the date fixed for the termination of the under­
holders wish to contract exceed the quantity given             taking is not the last day of a month, the premium
in the first paragraph of Article 1 , the intervention         relating to that month shall be reduced in proportion
agency shall allocate the quantity which will be               to the number of days which separate that date from
contracted in proportion to the quantity offered by            the end of the month.
each holder.
                                                               For the remainder of the period from that day until
The competent agency shall communicate to the                  31 December 1974, a forfeit at a rate of 0-008 unit
holder, before 22 August 1974, the quantity which              of account per metric ton per day shall be paid.
will be subject to the undertaking.
                                                                                       Article 5
                        Article 3
                                                               The Member States concerned shall keep the Com­
The operations referred to in Article 1 may only               mission informed as to the development of the
relate to barley from the 1974 crop which fulfils              operations provided for in this Decision.
the conditions laid down for acceptability for inter­
vention .
                                                                                       Article 6
The intervention agency shall verify the existence of
the claimants' stocks before signature of the contract
and at the end of the period of storage. Moreover it           This Decision is addressed to the Federal Republic of
shall carry out all necessary control measures to              Germany.
confirm that the undertaking is respected.
                                                               Done at Brussels, 26 July 1974
                        Article 4                                                                For the Commission
                                                                                                    The President
The Member States concerned may be authorized,
according to the procedure laid down in Article 26                                             Francois-Xavier ORTOLI