31973R2104

No L 214/2 2 . 8 . 73 Official Journal of the European Communities

REGULATION (EEC) No 2104/73 OF THE COUNCIL of 1 August 1973 on the transfer to and sale by the Italian intervention agency of common wheat held by the German, French and Belgian intervention agencies

THE COUNCIL OF THE EUROPEAN Whereas detailed rules for taking over the wheat and COMMUNITIES, for the transfer of responsibility should be laid down ;

Whereas, to ensure that none of the intervention agen­ Having regard to the Treaty establishing the European cies concerned is required to part with virtually its Economic Community ; entire stock of common wheat within a short space of time, it should be specified that the quantities of Having regard to Council Regulation No 120/ wheat taken over by the Italian intervention agency 67/EEC (1) of 13 June 1967 on the common organiza­ from each of the other intervention agencies should tion of the market in cereals, as last amended by the be in proportion to the tonnages that these agencies Act of Accession (2), and in particular Article 7 (4) are making available, to it ; thereof ;

Whereas provision should be made for this operation Having regard to Council Regulation (EEC) No being integrated into the arrangements contained in 729/70(3) of 21 April 1970 on the financing of the Council Regulation (EEC) No 787/69 (9) of 22 April common agricultural policy, as last amended by Regu­ 1969 on the financing of intervention on the internal lation (EEC) No 1 566/72 (4), and in particular Article market in cereals and in rice, as last amended by Regu­ 3 (2) thereof ; lation (EEC) No 2092/70 (10) ;

Having regard to Council Regulation (EEC) No 132/ Whereas this operation implies that the Guarantee 67/EEC (5) of 13 June 1967 laying down general rules Section of the European Agricultural Guidance and for intervention on the market in cereals, as amended Guarantee Fund must assume responsibility for trans­ by Regulation (EEC) No 1938/70 (6), and in particular port costs ; whereas it should also be understood that Article 4 thereof ; the Community's monetary regulations will not apply to this operation ; Whereas a number of areas of Italy are at present ex­ periencing considerable difficulty in procuring Whereas, to enable the wheat to be sold on the Italian supplies of wheat to feed the population ; whereas a first step towards remedying this situation was taken market by the Italian intervention agency, the provi­ with Council Regulation (EEC) No 1984/73 (7) of 19 sions governing the sale of cereals held by interven­ July 1973 defining special conditions for the sale of tion agencies should be waived and special conditions common wheat held by the Italian intervention analogous to those defined by Regulation (EEC) No agency, amended by Regulation (EEC) No 2103/73 (8) 1984/73 adopted ; authorizing the sale by mutual agreement of the entire tonnage of common wheat held by the Italian inter­ vention agency ; whereas the tonnage of wheat thus sold on the Italian market has not proved sufficient to festore the supply situation to normal ; whereas it HAS ADOPTED THIS REGULATION : seems that this can be achieved only by making some of the common wheat still held by intervention agen­ cies of a number of other Member States available to the Italian intervention agency so that it can be put Article 1 on the market in areas where the supply situation is still unsatisfactory ; whereas the German, French and Belgian intervention agencies are holding certain The German, French and Belgian intervention agen­ quantities of wheat ; cies shall, until 30 September 1970, hold 150 000, 47 000 and 3 000 metric tons respectively of common (1 ) OJ No 117, 19 . 6. 1967, p . 2269/67. (2) OJ No L 73, 27. 3 . 1972, p. 14. wheat at the disposal of the Italian intervention (3) OJ No L 94, 28 . 4. 1970, p. 13 . agency which may take delivery of it under the condi­ («) OJ No L 167, 25 . 7. 1972, p . 5 . tions specified in Articles 2 to 5. (5) OJ No 120, 21 . 6 . 1967, p. 2364/67. ¥) OJ No L 215, 30. 9. 1970, p. 1 . (7) OJ No L 201 , 21 . 7. 1973, p . 43 . (9) OJ No L 105, 2. 5. 1969, p. 4. (8) See p. 1 of this Official Journal . ( 10) OJ No L 232, 21 . 10 . 1970, p. 3 .

2. 8 . 73 No L 214/3 Official Journal of the European Communities

Article2¶

The Italian intervention agency shall take delivery of 1 . By way of derogation from Article 3 of Regula­ the wheat at the place in which it is stored, thereupon tion No 132/67/EEC, the Italian Republic is hereby assuming responsibility for it. authorized to sell the wheat taken over, by mutual agreement, on the terms laid down in this Article. Article 3 2. The Italian Republic shall take all necessary The Italian intervention agency shall, as far as steps to ensure that the wheat sold under this Regula­ possible, take over wheat from each of the interven­ tion is used exclusively for the manufacture of food­ tion agencies referred to in Article 1 in proportion to stuffs to be supplied to the populations concerned. the quantities put at its disposal by each of them. 3 . Article 8 of Commission Regulation (EEC) No In any event quantities taken over must be in propor­ 376/70 (*) of 27 February 1970 laying down the proce­ tion to quantities made available by 30 September dure and conditions for the disposal of cereals held by 1973 . intervention agencies, as last amended by Regulation (EEC) No 129/73 (2), which specifies the information Article 4 to be forwarded to the Commission, shall apply by analogy. 1 . The German, French and Belgian intervention agencies shall show the quantities of common wheat 4. The price at which the product shall be sold by transferred under Article 1 as a zero debit on the the intervention agency shall be governed by Article 3 account referred to in Article 3 ( 1 ) of Regulation (2) (a) and (b) of Regulation (EEC) No 376/70 . (EEC) No 787/69. However, when the sale relates to a delivery to a place 2. The Italian intervention agency shall show wheat other than the place in which it is stored, the selling taken over by it under Article 1 as a zero credit on the price shall correspond to the local market price in the account referred to in paragraph 1 . place where the product is stored, plus the cost of transporting it to the place of delivery. Article 5 Article 7 The cost of transporting the quantities of common wheat specified in Article 1 shall be entered on the This Regulation shall enter into force on the day of its account referred to in Article 3 ( 1 ) of Regulation publication in the Official Journal of the European (EEC) No 787/69 . Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 1 August 1973 .

For the Council

The President

I. N0RGAARD

(!) OJ No L 47, 28 . 2. 1970 , p. 49 . 2 OJ No L 17, 20 . 1 . 1973 , p. 17.