CELEX: 31977R2452
Language: en
Date: 1977-11-08 00:00:00
Title: Commission Regulation (EEC) No 2452/77 of 8 November 1977 laying down detailed rules for the implementation of Regulation (EEC) No 2255/77 on the transfer to the Italian intervention agency of common wheat held by the German intervention agency

9 . 11 . 77                                Official Journal of the European Communities                       No L 285/ 11
                                       COMMISSION REGULATION (EEC) No 2452/77
                                                          of 8 November 1977
                 laying down detailed rules for the implementation of Regulation (EEC) No
                 2255/77 on the transfer to the Italian intervention agency of common wheat held
                                                 by the German intervention agency
  THE COMMISSION OF THE EUROPEAN                                         1977 on the storage and movement of products
  COMMUNITIES,                                                          bought in by an intervention agency (7) and of
                                                                        Commission Regulation (EEC) No 1722/77 of 28 July
  Having regard to the Treaty establishing the European                  1 977 laying down common detailed rules for the appli­
  Economic Community,                                                   cation of Regulation (EEC) No 1055/77 on the storage
                                                                        and movement of products bought in by an interven­
  Having regard to Council Regulation (EEC) No                          tion agency (8) ;
  2727/75 of 29 October 1975 on the common organiza­
  tion of the market in cereals ( !), as last amended by                Whereas the measures provided for in this Regulation
  Regulation (EEC) No 1 386/77 (2),                                     are in accordance with the opinion of the Manage­
                                                                        ment Committee for Cereals,
  Having regard to Council Regulation (EEC) No
  729/70 of 21 April 1970 on the financing of the
 common agricultural policy (3), as last amended by
 Regulation (EEC) No 2788/72 (4),
                                                                        HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No
 2738/75 of 29 October 1975 laying down general
 rules for intervention on the market in cereals (5),
                                                                                                 Article 1
 Having regard to Council Regulation (EEC) No
 2255/77 of 11 October 1977 on the transfer to the
                                                                        1.     Pursuant to Regulation (EEC) No 2255/77 the
 Italian intervention agency of common wheat held by                    German intervention agency shall make available to
 the German intervention agency (6), and in particular                  the Italian intervention agency 200 000 tonnes of
 Article 1 (4) thereof,                                                 common wheat of bread-making quality.
 Whereas Regulation (EEC) No 2255/77 has made
 available to the Italian intervention agency 200 000                  The German intervention agency shall arrange for the
 tonnes of common wheat of bread-making quality                        quantity in question to be made available on 15
                                                                        November 1977.
 held by the German intervention agency ; whereas
 detailed rules for implementing this measure should
 be laid down ;                                                         2. The Italian and German intervention agencies
                                                                       shall establish the characteristics of the product in
Whereas the Italian intervention agency should be                      question and shall agree on the places of storage,
 informed without delay of the storage places of the                   departure and destination so as to keep transport costs
 quantities to be transferred ; whereas this information               to a minimum and on the dates for the removal of the
 and the locations of the warehouses in Italy should be                common wheat. These particulars shall be immedi­
 notified to the Commission so as to enable it to assess               ately communicated to the Commission .
 the financial consequences of the transfer ;
Whereas, in order to ensure that the transfer is
effected as economically as possible, the cost thereof                                           Article 2
should be put out to tender ;
                                                                        1 . The Italian intervention agency shall take
Whereas this transfer shall be subject to the provisions               delivery of the common wheat, certified as being of
of Council Regulation (EEC) No 1055/77 of 17 May                       bread-making quality by the German intervention
                                                                       agency and loaded on the means of transport at the
(!) OJ No L 281 , 1 . 11 . 1975 , p. 1 .                               warehouse of the supplying intervention agency, and
( 2) OJ No L 158 , 29 . 6. 1977, p. 1 .
(3)  OJ   No  L 94, 28 . 4. 1970, p. 13 .                              shall thereupon assume responsibility for it.
(4 ) OJ   No  L 275, 30 . 12 . 1972, p. 1 .
(5)  OJ   No  L 281 , 1 . 11 . 1975, p. 49 .                           (7) OJ No L 128 , 24. 5. 1977, p. 1 .
(6)  OJ   No  L 261 , 14 . 10 . 1977, p. 4 .                           (8) OJ No L 189 , 29 . 7. 1977, p. 36 .
 ---pagebreak--- No L 285 / 12                     Official Journal of the European Communities                               9 . 11 . 77
2. The cost of transporting the wheat in question           (a) the quantity to which it relates ;
shall be determined by the Italian intervention agency
by means of an invitation to tender.                        (b) the reference number of this Regulation ;
                                                            (c) the address of the receiving warehouses of the
Such cost shall cover :                                           Italian intervention agency ;
                                                            (d) any other information necessary for control
(a) transport (excluding loading) from the supplying              purposes .
    warehouse to the receiving warehouse ;
(b) unloading ;                                             The voucher shall be retained by the customs office of
(c) insurance on the value of the goods determined at       departure .
    the reference price of the product.
                                                            2.      The Community transit document applicable
3 . The invitation to tender may relate to one or           shall contain in section No 31 , in addition to a
more consignments.                                           description of the goods, one of the following endorse­
                                                             ments :
4.    The Italian intervention agency shall prescribe
the terms and conditions of the invitation to tender in     'destine a etre livre a l'organisme d'intervention
accordance with the provisions of this Regulation .         italien, au lieu d'entreposage suivant : . . . (reglement
Such terms and conditions shall provide in particular       (CEE) n° 2452/77)' ;
for the provision of security to guarantee performance      'zur Lieferung an die italienische Interventionsstelle
by successful tenderers of their obligations under the       nach folgendem Lagerplatz : . . . (Verordnung (EWG)
contract awarded to them .                                   Nr. 2452/77)' ;
                                                            'destinato ad essere fornito all'organismo d'intervento
Provision shall also be made to ensure equality of           italiano al deposito seguente : . . . (regolamento (CEE)
access and treatment for all prospective tenderers,          n . 2452/77)'.
wherever they may be established in the Community.
For this purpose the Italian intervention agency shall,
before publication in Italy, communicate to the other        3 . Where a new document is issued in place of the
intervention agencies and to the Commission the text         Community transit document applicable the new
of the notice of invitation to tender, which shall be        document shall contain the same endorsement as the
referred to in a notice published in the Official            original .
Journal of the European Communities at least one
week before the final date fixed by the Italian interven­    4. Where Regulation (EEC) No 304/71 is applied
tion agency for the submission of tenders.                   to the carriage of the product in question, the endorse­
                                                             ment provided for in paragraph 2 shall be made on
Tenders submitted to the Italian intervention agency         the international consignment note (CIM) in the space
shall be made and accepted in Italian lira.                  headed ' Description of goods' or, as the case may be,
                                                             on the international express parcels consignment note
5.    The contract shall be awarded to the tenderer or       (TIEx). Such endorsement shall be authenticated by
tenderers offering the best terms. However, if the           the stamp of the customs office of departure.
tenders submitted do not correspond 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
tender and shall immediately communicate the results        The German intervention agency shall be responsible
thereof both to it and to the German intervention            for the storage of the quantity which remains to be
                                                             transferred after 31 December 1977 until the date of
agency.
                                                             removal and for this purpose shall receive the lump
                                                             sum provided for storage.
                        Article 3
                                                                                      Article 5
1 . On consignment of the goods to Italy, a removal
voucher issued by the supplying intervention agency
shall be produced at the customs office of departure .       This Regulation shall enter into force on the third day
This voucher shall be numbered and shall include the         following its publication in the Official Journal of
following particulars :                                      the European Communities.
 ---pagebreak--- 9 . 11 . 77                    Official Journal of the European Communities                      No L 285/ 13
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 8 November 1977.
                                                                   For the Commission
                                                                    Finn GUNDELACH
                                                                       Vice-President