CELEX: 31986R0840
Language: en
Date: 1986-03-22
Title: Commission Regulation (EEC) No 840/86 of 21 March 1986 on the sale on the internal market of 300 000 tonnes of common wheat held by the Italian intervention agency for disposal in animal feed

22. 3 . 86                               Official Journal of the European Communities                              No L 77/ 13
                                       COMMISSION REGULATION (EEC) No 840/86
                                                       of 21 March 1986
                   on the sale on the internal market of 300 000 tonnes of common wheat held by
                                the Italian intervention agency for disposal in animal feed
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        cereals in question to be treated in such a way that they
                                                                   can be identified ;
 Having regard to the Treaty establishing the European             Whereas the measures provided for in this Regulation are
Economic Community,                                                in accordance with the opinion of the Management
                                                                   Committee for Cereals,
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)         HAS ADOPTED THIS REGULATION :
No 3793/85 (*), and in particular Article 7 (5) thereof,
                                                                                             Article 1
Having regard to Council Regulation (EEC) No 231 /86 of
27 January 1986 on the transfer of 300 000 tonnes of               The Italian intervention agency shall sell, on the internal
common wheat held by the United Kingdom interven­                  market by invitation to tender, 300 000 tonnes of
tion agency to Italy for disposal in animal feed (3), and in       common wheat transferred pursuant to Regulation (EEC)
particular Article 1 (6) thereof,                                  No 231 /86 with a view to its use in animal feed .
Whereas fodder grains in Italy are in short supply ind             The sale shall be subject to the price conditions laid down
this has caused prices to rise to particularly high levels ;       in Article 1 (4) of Council Regulation (EEC) No 231 /86
whereas this situation is placing stockfarming underta­            and in accordance with the provisions of this Regulation.
kings in an economically precarious position ;
                                                                   The provisions of Regulations (EEC) No 1836/82 and
                                                                   (EEC) No 1687/76 shall be applicable without prejudice
Whereas the sale of certain quantities of common wheat             to the provisions of this Regulation.
intended for use in animal feed and transferred pursuant
to Regulation (EEC) No 231 /86 would improve the posi­
tion of these undertakings ; whereas, however, in view of                                    Article 2
the special difficulties of the stockfarming sector, provi­
sions should be laid down to ensure that a proportion of           1.    The sale of common wheat referred to in Article 1
the quantities sold go directly to this sector for immediate       shall be effected by means of two individual invitations to
use in animal feed ;                                               tender :
                                                                   (a) one invitation to tender for 1 00 000 tonnes, open to
Whereas it is appropriate that this sale should be                     stockfarmers ;
governed by the provisions of Commission Regulation                (b) one invitation to tender for 200 000 tonnes, open to
(EEC) No 1836/82 of 7 July 1982 laying down the proce­                 all interested parties.
dure and conditions for the disposal of cereals held by
intervention agencies (4), as amended by Regulation (EEC)          The quantities of common wheat offered for sale under
No 1806/85 Q, subject to certain special provisions                the invitation to tender specified in (a) and still unsold on
designed to ensure that the objective of the operation is          15 May 1986 shall be added to the quantities offered for
attained ;                                                         sale under the invitation to tender specified in (b).
                                                                   2.    The invitations to tender referred to in paragraph 1
Whereas, moreover, as regards surveillance, the provisions         shall be subject to the following conditions :
of Commission Regulation (EEC) No 1687/76 of 30 June
 1976 laying down common detailed rules for verifying the          (a) tendering procedures shall be held weekly ; the cereals
use and/or destination of products from intervention (*), as           shall be sold in lots once the latter have been placed
last amended by Regulation (EEC) No 3206/85 Q, are                     in storage at the ports ;
applicable ; whereas provision should also be made for the         (b) by way of derogation from Article 3 of Regulation
                                                                       (EEC) No 1836/82, tenders submitted in response to
('  OJ  No L 281 , 1 . 11 . 1975, p. 1 .                               the invitation specified in paragraph 1 (a) shall be
 2) OJ  No L 367, 31 . 12. 1985, p. 19 .                               eligible for consideration only if they are for a quan­
(3) OJ  No L 29, 4. 2. 1986, p . 1 .                                   tity of not less than 25 tonnes, and tenders submitted
O   OJ  No L 202, 9 . 7. 1982, p. 23 .
O   OJ  L 169, 29 . 6 . 1985, p. 73 .                                  in response to the invitation specified in paragraph 1
(Ó OJ No L 190, 14. 7. 1976, p. 1 .                                    (b) shall be eligible for consideration only if they are
0 OJ No L 303 , 16 . 11 . 1985, p . 8 .                                for a quantity of not less than 100 tonnes ;
 ---pagebreak--- No L 77/ 14                            Official Journal of the European Communities                                 22. 3 . 86
(c) the successful tenderer must undertake to dispose of          stuffs and such feedingstuffs sold to the end user before
     the common wheat in animal feed before 30 June               30 June 1986.
      1986 and must lodge a security to guarantee fulfil­        The security shall be forfeit if no such evidence has been
     ment of this obligation .
                                                                 provided by 30 September 1986.
3. By way of derogation from the first paragraph of               However, if evidence is provided before 31 December
Article 16 of Regulation (EEC) No 1836/82, the successful         1986, an amount equal to 80 % of the security shall be
tenderer shall pay for the cereals within three months of        released.
the day of forwarding the declaration referred to in Article
 1 5 of the said Regulation ; however, in the case of cereals    2. The security referred to in Article 2 (4) shall be
not removed within one month of the date of forwarding           equal to the price to be paid for the cereals sold to the
the said declaration, the successful tenderer shall be           successful tenderer under this Regulation.
responsible for the storage risks and storage costs.
                                                                 The security shall be released once the cereals have been
4. Should the cereals be removed before payment, a               paid for.
security must be lodged to guarantee that they will be
paid for within the time limit specified in paragraph 3.                                     Article 4
                                                                 1 . The Italian intervention agency shall take the
                          Article 3                              measures necessary to guarantee proper implementation
                                                                 of this Regulation as regards the sale by invitation to
1 . The security referred to in Article 2 (2) (c) shall be 8     tender and shall communicate these measures to the
ECU per tonne. This security shall be released only if           Commission .
evidence is provided, to the satisfaction of the competent
authority, that the common wheat has been incorporated           2.     To facilitate verification of use in animal feed, the
into compound feedingstuffs before 30 June 1986.                 intervention agency concerned shall colour the product so
                                                                 that it can be identified.
Where the buyer is himself a stockfarmer and the end
user of the common wheat, evidence that the wheat                                            Article 5
purchased has been incorporated into compound feeding­
stuffs shall be considered sufficient. In all other cases        This Regulation shall enter into force on the day of its
evidence shall be provided that the common wheat                 publication in the Official Journal of the European
purchased has been incorporated into compound feeding­           Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 21 March 1986.
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President