31972R1693

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 796/72 2, 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 (b) in Article of Regulation No 359/67/EEC . of 25 July on the common organization of the market 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 Article 3 products intended as food aid must be mobilized on the 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.

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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 place where they are held or made available, in the case shall communicate to the Commission the date on which of the products referred to in paragraph 1 , or from the it intends to initiate its action , the financial year against fob or corresponding stage, in the case of the products which this would be charged, the proposed intervals bet­ referred to in paragraph 2, each Member State designat-. ween deliveries , the country of destination , the quantity ed in accordance with paragraph 4 may have recourse to and the product concerned, the port of loading and the procedures other than the invitation to tender. envisaged method of mobilization.

4 . As soon as the principle of a emergency Community 2 . On receipt of this Communication, the Commission action has been adopted, the Commission shall decide shall examine, in accordance with the procedure laid 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 the place where the products must be made available in the light of the overall situation of the Community within the Community or within the recipient country , as market , whether the envisaged method of mobilization meets the conditions referred to in Article 3 and shall appropriate, and finally determine any other elements necessary for carrying out this action. suggest if necessary that the Member State concerned 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 on a proposal from the Commission in accordance with Article 6 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