31976R1863

31 . 7 . 76 No L 206/5 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 1863/76 of 27 July 1976 on the transfer to the Italian intervention agency of feed grain held by the inter­ vention agencies of the other Member States

THE COUNCIL OF THE EUROPEAN Whereas such measures imply that the Guarantee COMMUNITIES, Section of the European Agricultural Guidance and Guarantee Fund should bear the cost of transport, 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 organiza­ HAS ADOPTED THIS REGULATION : tion of the market in cereals (!), as last amended by Regulation (EEC) No 1 143/76 (2), and in particular Article 7 (4) thereof, Article 1 Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (3), as last amended by Until 31 October 1976, the Italian intervention Regulation (EEC) No 2788/72 (4), and in particular agency may take delivery from the intervention agen­ cies of other Member States of 100 000 metric tons of Article 3 (2) thereof, feed grain, consisting of : Having regard to Council Regulation (EEC) No 2738/75 of 29 October 1975 laying down general — 60 000 metric tons of barley held by the German rules for intervention on the market in cereals (5), and intervention agency, in particular Article 4 thereof, — and 40 000 metric tons of feed grain held by the Community intervention agencies, the breakdown Having regard to the proposal from the Commission, of which shall be decided according to the proce­ dure provided for in Article 26 of Regulation Whereas the Italian market in feed grain is exper­ (EEC) No 2727/75. iencing supply difficulties and is currently character­ ized by a fairly high price level ; whereas this situation has essentially been caused by the drought prevailing in Italy ; Article 2

Whereas, to cope with this situation, it is advisable to make available to the Italian intervention agency part 1 . The Italian intervention agency shall take of the quantities of feed grain which are still available delivery of the products at the place where they are in intervention in the rest of the Community ; stored and thereupon assume responsibility for them .

Whereas detailed rules should be laid down for taking 2. The delivery operations referred to in paragraph over the products and for transferring responsibility 1 shall be assigned by tender. They shall concern the for them ; delivery of the product, loaded on means of transport at the point of departure, at warehouse unloaded to Whereas the provisions covering the accounting side the Italian ports or at warehouse without unloading to of this operation should be aligned on the arrange­ places close to these ports . The Italian intervention ments laid down in Council Regulation (EEC) No agency shall be free to designate either ports or places 787/69 of 22 April 1969 on the financing of interven­ close to these ports as place of delivery once it has tion expenditure in respect of the domestic markets in notified the Commission . cereals and in rice (6), as last amended by Regulation (EEC) No 330/74 (7) ; The contract shall be awarded to the tenderer or ') OJ No L 281 , 1 . 11 . 1975, p. 1 . tenderers having made the most favourable offer. 2) OJ No L 130 , 19 . 5. 1976, p. h 3) OJ No L 94, 28 . 4. 1970, p. 13 . 4) OJ No L 275, 30 . 12. 1972, p. 1 . However, if the tenders submitted do not appear to 5) OJ No L 281 , 1 . 11 . 1975, p. 49 . b) OJ No L 105, 2. 5 . 1969, p. 4. reflect normal prices and costs, the intervention 7) OJ No L 37, 9 . 2. 1974, p. 5 . agency may cancel the invitation to tender.

No L 206/ 6 Official Journal of the European Communities 31 . 7. 76

3. The tender shall be organized by the Italian inter­ of grain laid down in Article 1 shall be entered in the vention agency. account referred to in Article 3 ( 1 ) of Regulation (EEC) No 787/69. The Italian intervention agency shall determine the clauses and terms of the invitation to tender in so far as they are compatible with this Regulation . They may Article 5 provide for, in particular, the lodging of a security to guarantee fulfilment of the obligations under the 1 . The Italian Republic shall take the steps neces­ tender. They shall also ensure equality of access and sary to ensure that, when resold, the grain referred to treatment for all interested parties wherever they may in Article 1 is used exclusively for animal feed. be established in the Community. 4. Tenders must be made in Italian lira to the 2. Commission Regulation (EEC) No 376/70 of 27 -February 1970 laying down the procedure and condi­ Italian intervention agency. tions for the disposal of cereals held by intervention 5. The Italian authorities shall keep the Commis­ agencies ('), as last amended by Regulation (EEC) No sion informed of the progress of the tender. 1 29/73 (2), shall apply to the resale of the barley referred to in Article 1 . Article 3 However when feed grains referred to in Article 1 1 . The intervention agencies which hold feed grain other than barley are resold, the market price or the shall enter the quantities released under Article 1 as a intervention . price to be taken into consideration in zero debit in the account referred to in Article 3 ( 1 ) of implementing Article 3 (2) (a) and (b) of Regulation Regulation (EEC) No 787/69 . (EEC) No 376/70 shall be the market price or the intervention price applicable for barley. 2. The Italian intervention agency shall enter the grain of which it has taken delivery under Article 1 as a zero credit in the account referred to in paragraph 1 . Article 6 Article 4 This Regulation shall enter into force on the day The costs provided for in the invitation to tender following its publication in the Official Journal of referred to in Article 2 which relate to the quantities the European Communities.

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

Done at Brussels, 27 July 1976. For the Council

The President

. M. van der STOEL

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