CELEX: 31972R1693
Language: en
Date: 1972-08-03 00:00:00
Title: Regulation (EEC) No 1693/72 of the Council of 3 August 1972 fixing criteria for the mobilization of cereals intended as food aid

108                                          Official Journal of the European Communities
5.8.72                                       Official Journal of the European Communities                                   No L 178/3
                                      REGULATION (EEC) No 1693/72 OF THE COUNCIL
                                                            of 3 August 1972
                                   fixing criteria for the mobilization of cereals intended as food aid
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                  for emergency operations, however, it may be decided to
                                                                           use different procedures for the sake of speed,
 Having regard to the Treaty establishing the European
 Economic Community ;                                                      HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation No 120/67/
  EEC 1 of 13 June 1967 on the common organization of
                                                                                                      Article 1
 the market in cereals , as last amended by Regulation
(EEC) No 796/722, and in particular Article 22a there­                     For the purposes of this Regulation ' cereals' shall be
of:,      '      ;                                                         products referred to :
                                                                           (a) in Article 1 of Regulation No 120/67/EEC ,
  Having regard to Council Regulation No 359/67/EEC 3
 of 25 July on the common organization of the market                       (b) in Article of Regulation No 359/67/EEC .
 in rice, as lasi amended by Regulation (EEC) No 2726
  7 1 4, and in particular Article 23a thereof;
                                                                                                      Article 2
 Having regard to the proposal from the Commission ;                       Cereals intended as food aid shall be mobilized on the
                                                                           Community market in accordance with the following
 Whereas Regulations Nos 120/67/EEC and 359/67/                            provisions.
  EEC provide in their Articles 22a and 23a respectively
 for the Council to fix the criteria according to which
 products intended as food aid must be mobilized on the                                               Article 3
 Community market ;                                                         1 . When, in a Community region, trends in cereal mar­
                                                                           ket prices register a decline or slump which, in view of
 Whereas disturbance of the market in cereals caused by                    the volume of the harvest or of regional stocks and their
 withdrawals of cereals intended as food aid should be                     geographical situation, is likely to force the intervention
 avoided ;                                                                 agency to buy in large quantities of cereals, cereals may
                                                                           be bought in on the market of the region concerned.
 Whereas the possibility should be provided for cereals to
 be mobilised in Community regions in order to relieve                     2. When an intervention agency holds stocks these ,
 the regional market, when the market situation in those                   stocks may be used.
 regions is likely to eause intervention agencies to buy in
 large quantities of cereals ; whereas, when certain inter­                3 . When the conditions referred to in paragraph 1 or 2
 vention agencies hold quantities of cereals, mobilization                 are not fulfilled or when use is not made of the possibili­
 of all or part of the cereals held by them may help to                    ties provided for in those paragraphs, cereals shall be
 improve their situation ;                                                 bought in on the Community market as a whole.
 Whereas , when such specific cases do not arise, cereals
 should be mobilized on the Community market as a                                                     A rticle 4
 whole ;
                                                                             1 . The buying-in operations referred to in Article 3(1)
                                                                            and (3) shall be carried out by the intervention agencies
 Whereas the procedure of issuing invitations to tender                    by inviting tenders for the 'supply of the product de­
 best enables cereals to be effectively mobilized; whereas
                                                                            livered either fob or at a corresponding stage.
                                                                            2. Where cereals held by the intervention agencies are
 1 OJ No 117, 19.6.1967, p. 2269/67                                         used, tenders shall be invited for loading, transportation,
 2 OJ No L 94, 2 1.4. 1972, p.. 7.
 3 OJ No 174, 31.7.1967 , p. 1 .                                            processing where necessary and delivery either fob or at
 4 OJ No L 282, 23.12.1971 , p. 6 .                                         a corresponding stage.
 ---pagebreak---                                         Official Journal of the European Communities                                       109
3 . When it is decided that cereals will be supplied, under         by the intervention agency , or else immediately make
a Community action, at a stage later than either fob or a           available the necessary quantities of products drawn
stage corresponding to fob, the invitation to tender re­            from stocks existing on their market if the intervention
ferred to in paragraph 1 or 2 shall cover supply up to              agency does not have the necessary quantities .
that later stage .
                                                                    2. For the purposes of emergency Community actions
4. The terms of the invitation to tender must ensure equal          concerning the processed cereals referred to in Article 1
access and treatment for all persons concerned irrespec­            and rice other than paddy rice, each Member State desig­
tive of their place of establishment within the Commu­              nated in accordance with paragraph 4 shall invite ten­
nity.                                                               ders by a quick procedure for the supply of the products
                                                                    delivered either fob or at a corresponding stage.
                           A rticle 5
 1 . For a national action , the Member State concerned             3 . To enable products to be transported rapidly from the
shall communicate to the Commission the date on which               place where they are held or made available, in the case
it intends to initiate its action, the financial year against       of the products referred to in paragraph 1 , or from the
which this would be charged, the proposed intervals bet­            fob or corresponding stage, in the case of the products
ween deliveries , the country of destination , the quantity         referred to in paragraph 2, each Member State designat-.
and the product concerned, the port of loading and the              ed in accordance with paragraph 4 may have recourse to
envisaged method of mobilization.                                   procedures other than the invitation to tender.
2. On receipt of this Communication, the Commission                 4. As soon as the principle of a emergency Community
shall examine, in accordance with the procedure laid                action has been adopted, the Commission shall decide
                                                                    which Member State or States shall be responsible for
down in Article 26 of Regulation No 120/67/EEC or,
                                                                    carrying out the action, fix the date thereof, determine
where appropriate, of Regulation No 359/67/EEC and
in the light of the overall situation of the Community              the place where the products must be made available
market , whether the envisaged method of mobilization               within the Community or within the recipient country , as
meets the conditions referred to in Article 3 and shall             appropriate, and finally determine any other elements
suggest if necessary that the Member State concerned                necessary for carrying out this action.
modify the envisaged method of mobilization.
                                                                    5 . The quantity and nature of the products referred to in
                                                                    paragraph 1 shall be determined by the Council, acting
                           Article 6                                on a proposal from the Commission in accordance with
                                                                    the voting procedure laid down in Article 43 ( 2) of the
For a Community action, the Commission shall , after                Treaty .
considering the market situation and in accordance with
the procedure laid down in Article 26 of Regulation No              6 . Detailed rules for applying this Article, and in parti­
 120/67/EEC or, where appropriate, of Regulation No                 cular the criteria according to which the Commission is
369/6 7/EEC , determine the conditions governing mob­               to take the decisions referred to in paragraph 4, shall be
ilization, taking into account in particular the criteria           adopted in accordance with the procedure laid down in
laid down in Article 3 .
                                                                    Article 26 of Regulation No 129/67/EEC or, where
                                                                    appropriate, of Regulation No 359/67/EEC .
                           Article 7
                                                                                               Articled
 1 . For the purposes of emergency Community actions
 concerning cereals in the unaltered state, Member States           This Regulation shall enter into force on the third day
 shall hold available for delivery at any time certain              following its publication in the Official Journal of the
quantities of those products which have been taken over             European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member States .
               Done at Brussels, 3 August 1972.
                                                                                                  For the Council
                                                                                                   The President
                                                                                                 T. WESTERTERP