CELEX: 31976R1863
Language: en
Date: 1976-07-27 00:00:00
Title: Council Regulation (EEC) No 1863/76 of 27 July 1976 on the transfer to the Italian intervention agency of feed grain held by the intervention agencies of the other Member States

31 . 7. 76                                Official Journal of the European Communities                         No L 206/5
                                       COUNCIL REGULATION (EEC) No 1863/76
                                                          of 27 July 1976
              on the transfer to the Italian intervention agency of feed grain held by the inter­
                                       vention agencies of the other Member States
THE COUNCIL OF THE EUROPEAN                                          Whereas such measures imply that the Guarantee
COMMUNITIES,                                                         Section of the European Agricultural Guidance and
                                                                     Guarantee Fund should bear the cost of transport,
Having regard to the Treaty establishing the European
Economic Community,
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­                   HAS ADOPTED THIS REGULATION :
tion of the market in cereals (!), as last amended by
Regulation (EEC) No 1 143/76 (2), and in particular
Article 7 (4) thereof,
                                                                                             Article 1
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                   Until 31    October 1976, the Italian intervention
Regulation (EEC) No 2788/72 (4), and in particular                   agency may take delivery from the intervention agen­
Article 3 (2) thereof,                                               cies of other Member States of 100 000 metric tons of
                                                                     feed grain, consisting of :
Having regard to Council Regulation (EEC) No
2738/75 of 29 October 1975 laying down general                       — 60 000 metric tons of barley held by the German
rules for intervention on the market in cereals (5), and                 intervention agency,
in particular Article 4 thereof,
                                                                     — and 40 000 metric tons of feed grain held by the
                                                                         Community intervention agencies, the breakdown
Having regard to the proposal from the Commission,
                                                                         of which shall be decided according to the proce­
                                                                         dure provided for in Article 26 of Regulation
Whereas the Italian market in feed grain is exper­                       (EEC) No 2727/75.
iencing supply difficulties and is currently character­
ized by a fairly high price level ; whereas this situation
has essentially been caused by the drought prevailing
in Italy ;                                                                                   Article 2
Whereas, to cope with this situation, it is advisable to
make available to the Italian intervention agency part               1 . The Italian intervention agency shall take
of the quantities of feed grain which are still available            delivery of the products at the place where they are
in intervention in the rest of the Community ;                       stored and thereupon assume responsibility for them .
Whereas detailed rules should be laid down for taking
over the products and for transferring responsibility                2. The delivery operations referred to in paragraph
for them ;                                                           1 shall be assigned by tender. They shall concern the
                                                                     delivery of the product, loaded on means of transport
                                                                     at the point of departure, at warehouse unloaded to
Whereas the provisions covering the accounting side
of this operation should be aligned on the arrange­
                                                                     the Italian ports or at warehouse without unloading to
                                                                     places close to these ports. The Italian intervention
ments laid down in Council Regulation (EEC) No
787/69 of 22 April 1969 on the financing of interven­                agency shall be free to designate either ports or places
                                                                     close to these ports as place of delivery once it has
tion expenditure in respect of the domestic markets in               notified the Commission .
cereals and in rice (6), as last amended by Regulation
(EEC) No 330/74 (7) ;
                                                                     The contract shall be awarded to the tenderer or
 ') OJ  No L  281 , 1 . 11 . 1975, p. 1 .                            tenderers having made the most favourable offer.
 2) OJ  No L  130 , 19 . 5. 1976, p. h
 3) OJ  No L  94, 28 . 4. 1970, p. 13 .
 4) OJ  No  L 275, 30 . 12. 1972, p. 1 .                             However, if the tenders submitted do not appear to
 5) OJ  No  L 281 , 1 . 11 . 1975, p. 49 .
 b) OJ  No  L 105, 2. 5 . 1969, p. 4.                                reflect normal prices and costs, the intervention
 7) OJ  No  L 37, 9 . 2. 1974, p. 5 .                                agency may cancel the invitation to tender.
 ---pagebreak--- No L 206/ 6                        Official Journal of the European Communities                             31 . 7. 76
3. The tender shall be organized by the Italian inter­        of grain laid down in Article 1 shall be entered in the
vention agency.                                               account referred to in Article 3 ( 1 ) of Regulation
                                                              (EEC) No 787/69.
The Italian intervention agency shall determine the
clauses and terms of the invitation to tender in so far
as they are compatible with this Regulation . They may                                 Article 5
provide for, in particular, the lodging of a security to
guarantee fulfilment of the obligations under the             1 . The Italian Republic shall take the steps neces­
tender. They shall also ensure equality of access and         sary to ensure that, when resold, the grain referred to
treatment for all interested parties wherever they may        in Article 1 is used exclusively for animal feed.
be established in the Community.
4.    Tenders must be made in Italian lira to the             2. Commission Regulation (EEC) No 376/70 of 27
Italian intervention agency.                                 -February 1970 laying down the procedure and condi­
                                                              tions for the disposal of cereals held by intervention
5. The Italian authorities shall keep the Commis­             agencies ('), as last amended by Regulation (EEC) No
sion informed of the progress of the tender.                  1 29/73 (2), shall apply to the resale of the barley
                                                              referred to in Article 1 .
                        Article 3
                                                              However when feed grains referred to in Article 1
1 . The intervention agencies which hold feed grain           other than barley are resold, the market price or the
shall enter the quantities released under Article 1 as a      intervention . price to be taken into consideration in
zero debit in the account referred to in Article 3 ( 1 ) of   implementing Article 3 (2) (a) and (b) of Regulation
Regulation (EEC) No 787/69 .                                  (EEC) No 376/70 shall be the market price or the
2. The Italian intervention agency shall enter the            intervention price applicable for barley.
grain of which it has taken delivery under Article 1 as
a zero credit in the account referred to in paragraph 1 .
                                                                                       Article 6
                        Article 4
                                                              This Regulation shall enter into force on the day
The costs provided for in the invitation to tender            following its publication in the Official Journal of
referred to in Article 2 which relate to the quantities       the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 27 July 1976.
                                                                           For the Council
                                                                             The President
                                                                         . M. van der STOEL
                                                             (') OJ No L 47, 28 . 2. 1970, p. 49 .
                                                               2 OJ No L 17, 20 . 1 . 1973, p. 17.