Commission Regulation (EEC) No 3680/91 of 17 December 1991 on the sale for delivery in Madeira and the Azores of cereals held by different intervention agencies

COMMISSION REGULATION (EEC) No 3680/91  of 17 December 1991  on the sale for delivery in Madeira and the Azores of cereals held by different intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
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 organization of the market in cereals (1), as last amended by Regulation (EEC) No 3653/90 (2), and in particular Article 7 (6) thereof,
Whereas Article 3 of Council Regulation (EEC) No 1581/86 of 23 May 1986 laying down general rules for intervention on the market in cereals (3), as last amended by Regulation (EEC) No 2203/90 (4), provides that cereals held by intervention agencies are  to be sold by tender;
Whereas Commission Regulation (EEC) No 1836/82 (5), as last amended by Regulation (EEC) No 3043/91 (6), lays down the procedure and conditions for the sale of cereals held by intervention agencies; whereas Article 4 thereof allows for the possibility of  resale on the Community market for specific destinations; whereas, taking account of the urgency resulting from the necessity to supply the Azores and Madeira, the period foreseen in Article 2 (1) of Regulation (EEC) No 1836/82 should be deleted;
Whereas from 1 January 1991 onwards Portugal and its dependent territories will apply the common levies on cereals imported from third countries; whereas the Azores and Madeira are consequently liable to disturbances of their cereals supplies because of  their geographic situation on the outer periphery of the Community; whereas the appropriate measures to put this right are under discussion in the context of the Poseima programme; whereas the Portuguese authorities have requested that a solution be  found urgently for these territories of the Azores and Madeira; whereas to comply with this request intervention stocks could be sold; whereas it is therefore right to set favourable conditions for such sales, without, however, causing disturbances on  the market; whereas to make allowance for the cost of transport between the European territory of the Community and the specified destinations, a derogation from Article 5 of Regulation (EEC) No 1836/82 dealing with the internal market resale price of  intervention cereals should be permitted; whereas provision should also be made for the lodging of security such as to guarantee that the cereals reach the specified destinations within the specified time limits and that the successful tenderer fulfils  his obligation to pass on to the new buyer of the cereals the purchase price concession he received;
Whereas supply to the users in the territories of Madeira and the Azores should be permitted at the best possible cost price; whereas these cereals from intervention are stored in different Member States; whereas it should, therefore, be offered a  choice as regards the origin of Community cereals without affecting the budgetary cost of that operation; whereas the intervention agencies concerned should, consequently, provide all the necessary information concerning the global foreseen quantities  to the Commission;
Whereas the present Regulation lays down that common wheat and barley from intervention stocks are to be supplied to the Azores at a special price that is intended to make allowances for the situation of this archipelago on the outer periphery of the  Community; whereas there are milling facilities on three of the islands in the archipelago and freedingstuffs factories on four of the islands; whereas it should be explicitly stated that each of these islands should be supplied and this aim should be  laid down in the tender conditions;
Whereas Member States shall take all further action compatible with the provisions in force that is required to ensure satisfactory operation of the present arrangement and shall inform the Commission thereof;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,