31976R0873

15 . 4. 76 Official Journal of the European Communities No L 101 / 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 873/76 of 13 April 1976 on the transfer to the Italian intervention agency of common wheat held by the French intervention agency

THE COUNCIL OF THE EUROPEAN Whereas, in order to attain this objective, it seems COMMUNITIES , advisable to make available to the Italian intervention agency part of the quantities of common wheat which are still available in intervention in the rest of the Having regard to the Treaty establishing the European Economic Community, Community ; whereas some of this common wheat is still held by, inter alia, the French intervention agency ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas detailed rules should be laid down for taking tion of the market in cereals (J ), as last amended by over the products and for transferring responsibility Regulation (EEC) No 832/76 (2), and in particular for them ; Article 7 (4) thereof, Whereas provision should be made for this operation Having regard to Council Regulation (EEC) No to be integrated into the arrangements laid down in 729/70 of 21 April 1970 on the financing of the Council Regulation (EEC) No 787/69 of 22 April common agricultural policy (3), as last amended by 1969 on the financing of intervention expenditure in Regulation (EEC) No 2788/72 (4), and in particular respect of the domestic markets in cereals and in Article 3 (2) thereof, rice (6), as last amended by Regulation (EEC) No 330/74 (7) ; Having regard to Council Regulation (EEC) No Whereas such measures imply that the Guarantee 2738/75 of 29 October 1975 laying down general Section of the European Agricultural Guidance and rules for intervention on the market in cereals (5), and Guarantee Fund should bear the cost of transport, in particular Article 4 thereof,

Whereas the Italian market in common wheat is expe­ riencing supply difficulties and is currently character­ HAS ADOPTED THIS REGULATION : ized by a fairly high price level ; whereas this situation has been caused by several factors, viz. the structural Article 1 production deficit in Italy, a tendency towards specula­ tive retention resulting from the depreciation of the Italian lira on the foreign exchange market and a The French intervention agency shall, until 31 May decrease of imports, which have become more diffi­ 1976, place 100 000 metric tons of common wheat at cult as a result of these monetary events ; the disposal of the Italian intervention agency which may take delivery of it under the conditions laid down in Articles 2 to 5 . Whereas, to cope with this situation, the Italian author­ ities have offered for sale part of the existing interven­ tion stocks ; whereas the sale of the remainder may Article 2 prove insufficient to restore the supply sitution to normal : 1 . The Italian intervention agency shall take delivery of the products at the place where they are O OJ No L 281 , 1 . 11 . 1975, p. 1 . stored and thereupon assume responsibility for them . 2) OJ No L 100 , 14. 4. 1976, p . 1 . (3) OJ No L 94, 28 . 4. 1970, p . 13 . («) OJ No L 275, 30 . 12. 1972, p . 1 . (6) OJ No L 105, 2. 5. 1969, p. 4. (5) OJ No L 281 , 1 . 11 . 1975, p. 49 . (7) OJ No L 37, 9 . 2. 1974, p. 5.

No L 101 / 2 Official Journal of the European Communities 15 . 4 . 76

2. The delivery operations referred to in Article 1 as a zero debit in the account referred to in Article 3 shall be assigned by tender. They shall concern the ( 1 ) of Regulation (EEC) No 787/69. delivery of the product which is in stock at the point of departure at warehouse unloaded to the Italian 2. The Italian intervention agency shall enter wheat ports or at warehouse without unloading to places of which it has taken delivery under Article 1 as a close to these ports. The Italian intervention agency zero credit in the account referred to in paragraph 1 . shall be free to designate either ports or places close to these ports as place of delivery. Article 4

The contract shall be awarded to the tenderer or The costs provided for in the invitation to tender tenderers having made the most favourable offer. referred to in Article 2 which relate to the quantities of common wheat laid down in Article 1 shall be However, if the tenders submitted do not appear to reflect normal prices and costs, the intervention entered in the account referred to in Article 3 ( 1 ) of agency may cancel the invitation to tender. Regulation (EEC) No 787/69 .

3. The tender shall be organized by the Italian inter­ Article 5 vention agency. The Italian intervention agency shall determine the 1 . The Italian Republic shall take the steps neces­ clauses and terms of the invitation to tender in so far sary to ensure that, when resold, the common wheat as they are compatible with this Regulation . They may referred to in Article 1 is used exclusively for the provide for, in particular, the lodging of a security to manufacture of foodstuffs to be supplied to the popula­ tion . guarantee fulfilment of the obligations under the tender. They shall also ensure equality of access and 2. Commission Regulation (EEC) No 376/70 of 27 treatment for all interested parties wherever they may February 1970 laying down the procedure and condi­ be established in the Community. tions for the disposal of cereals held by intervention 4 . Tenders must be made in Italian lira to the agencies (l), as last amended by Regulation (EEC) No Italian intervention agency. 1 29/73 (2), shall apply to the common wheat referred to in Article 1 . 5. The Italian authorities shall keep the Commis­ sion informed of the progress of the tender. Article 6 Article 3 This Regulation shall enter into force on the day 1 . The French intervention agency shall enter the following its publication in the Official Journal of quantities of common wheat released under Article 1 the European Communities.

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

Done at Brussels, 13 April 1976 . For the Council

The President G. THORN

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