CELEX: 31986R1581
Language: en
Date: 1986-05-23 00:00:00
Title: Council Regulation (EEC) No 1581/86 of 23 May 1986 laying down general rules for intervention on the market in cereals

No L 139 / 36                                  Official Journal of the European Communities                                 24 . 5 . 86
                                              COUNCIL REGULATION ( EEC) No 1581 /86
                                                               of 23 May 1986
                                    laying down general rules for intervention on the market in cereals
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 Community over the marketing year ; whereas, to this
                                                                          end , provisions should be made for conditions of resale
 Having regard to the Treaty establishing the European                    allowing for speedy, effective adjustment to these
 Economic Community,                                                      trends ;
 Having regard to Council Regulation ( EEC ) No                           Whereas cereals held by intervention agencies should
2727 / 75 of 29 October 1975 on the common organ­                         be offered for sale without discriminating between buy­
ization of the market in cereals ('), as last amended by                  ers established in the Community and at prices avoid­
Regulation ( EEC ) No 1 579/ 86 (2 ), and in particular                   ing disturbances of the market ; whereas normally the
Article 7 (4) thereof,                                                    system of invitations to tender enables this objective to
                                                                          be attained ; whereas , however, in special circumstances
 Having     regard         to      the      proposal     from    the      other selling procedures must be permitted ;
Commission ( 3 ),
                                                                           Whereas the provisions of this Regulation replace those
Whereas Council Regulation ( EEC ) No 2738 /75 of                         of Regulation ( EEC ) No 2738 / 75 ; whereas that Regu­
29 October 1975 laying down general rules for interven­                    lation should accordingly be repealed ,
tion on the market in cereals (4) was adopted at a time
when intervention prices were fixed at levels varying
according to intervention centres ; whereas that regional                 HAS ADOPTED THIS REGULATION :
price-fixing system has subsequently been replaced by
a single intervention price system ; whereas the provi­
sions should accordingly be adapted to this new                                                     Article I
situation ;
                                                                           1 . On receipt of an offer, in compliance with Article 7
 Whereas, where goods offered for intervention must be                    of Regulation ( EEC ) No 2727 / 75 , intervention agen­
transported to the warehouse designated by the inter­                     cies shall decide on the place where the cereals are to
 vention agency, the offerer bears the costs of transport                 be taken over.
 and of removal from his warehouse in accordance with
 the purposes of the intervention price, which is fixed
                                                                          2.    Transport costs from the place where the goods are
 for goods delivered at warehouse , before unloading ;                    stored when the offer is made to the intervention centre
 whereas, to be fair, where the goods are taken over in                   to which they can be transported at least expense shall
 the offerer's warehouse, the transport and removal                       be borne by the offerer.
 costs should be deducted from the intervention price
 since they have not in fact been borne by him ;
                                                                          3 . Should the intervention agency take over the goods
                                                                          at a place other than the intervention centre to which
 Whereas, under the present arrangements , the interven­                  they may be transported at least expense , it shall deter­
tion agency is required actually to take over the goods                   mine and bear the additional transport costs . In this
offered to it in the warehouses available for this pur­
                                                                          case the transport costs referred to in paragraph 2 shall
 pose ; whereas this requirement may in certain cases
                                                                          be determined by the intervention agency .
result in the intervention agency securing storage facili­
ties available at a great distance from the place where
the goods are located at the time the offer is made,
thereby incurring substantial transport costs ; whereas
                                                                                                    Article 2
 provision should accordingly be made for the interven­
tion agency to be able to demand storage in the ware­
 house of the seller ;                                                     1 . If the intervention agency, in agreement with the
                                                                          offerer, stores the goods at the place at which they are
 Whereas intervention stocks should be managed in the                     located at the time the offer is made , the costs referred
 light of developments of the market in cereals in the                    to in the second sentence of Article 1 ( 3 ) and the costs
                                                                          of removal from the warehouse, the latter being
                                                                          assessed on the basis of the rates actually recorded in
                                                                          the Member State concerned , shall be deducted from
                                                                          the intervention price .
(')  OJ NoL281 , 1 . 11 . 1975 , p. 1 .
(2)  See page 29 of this Official Journal .
0    OJ No C 53 , 7 . 3 . 1986 , p. 11 .                                  2.    In conditions to be determined in accordance with
(4 ) OJ No L 281 , 1 . 1 1 . 1975 , p. 49 .                               the procedure laid down in Article 26 of Regulation
 ---pagebreak--- 24 . 5 . 86                            Official Journal of the European Communities                            No L 139 / 37
( EEC) No 2727 / 75 , intervention agencies shall be                                       A rticle 4
authorized to require the goods taken over to be stored
in the warehouse in which they are located , at the time          The Council , acting by a qualified majority on a propo­
the offer is made . The price paid to the offerer shall be        sal from the Commission , may establish a selling pro­
determined in accordance with paragraph 1 .                       cedure other than that laid down in Article 3 , if special
                                                                  circumstances so require .
                          Article 3
 1 . Cereals held by the intervention agency shall be                                      A rticle 5
sold by tender :
( a) with a view to their being put back on the market,           1.   Regulation ( EEC ) No 2738 / 75 is hereby repealed .
      at prices enabling disturbance of the market to be
      avoided ;
                                                                  2 . References to the repealed Regulation shall be
(b) with a view to export, at prices to be determined             construed as references to this Regulation .
      case by case according to market developments
      and requirements .
2.    The terms of the invitation to tender shall ensure
                                                                                           A rticle 6
equality of access and treatment to all persons con­
cerned irrespective of the place of their establishment
within the Community .                                            This Regualtion shall enter into force on the day of its
                                                                  publication in the Official Journal of the European
                                                                  Communities.
3 . If the tenders submitted do not appear to corre­
spond to the real scope for sale on the market, the ten­
dering procedure shall not be continued .                         It shall apply from 1 July 1986 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 23 May 1986 .
                                                                              For the Council
                                                                               The President
                                                                                G. BRAKS