31976R1948

No L 213 / 16 6 . 8 . 76 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 1948 /76 of 5 August 1976 on the supply of a first lot of skimmed-milk powder to the Italian intervention agency for use in accordance with Regulation (EEC) No 563/76, and amending Regulation (EEC) No 789/76

THE COMMISSION OF THE EUROPEAN Whereas the measures provided for in this Regulation COMMUNITIES, are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products,

Having regard to the Treaty establishing the European Economic Community,

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 563/76 of 15 March 1976 on the compulsory purchase of skimmed-milk powder held by intervention agen­ Article 1 cies for use in feedingstuffs ('), and in particular Article 9 thereof, In accordance with Article 8 ( 1 ) of Regulation (EEC) No 753/76, the German and French intervention agen­ cies shall deliver to the Italian intervention agency Whereas Article 8 ( 1 ) of Commission Regulation 5 700 metric tons of skimmed-milk powder bought in (EEC) No 753/76 of 31 March 1976 laying down in accordance with Article 7 ( 1 ) of Regulation (EEC) detailed rules for the sale of skimmed-milk powder No 804/68 . for use in animal feed pursuant to Regulation (EEC) No 563/76 (2), as last amended by Regulation (EEC) No 1926/76 (3), provides that, where the intervention Article 2 agency of a Member State does not have the required quantity of skimmed-milk powder, it shall request the intervention agency of another Member State, in accor­ 1 . Delivery shall be effected between 16 August dance with Article 8 (3) of Regulation (EEC) No and 3 September 1976 into the storage depots of the 563/76, to deliver that quantity to one of its ware­ Italian intervention agency as set out in the Annex hereto . houses ; whereas the Italian intervention agency is in that position ; whereas a first lot of 5 700 metric tons of skimmed-milk powder can be delivered to the 2. Delivery shall be regarded as completed when Italian intervention agency by the German and the goods are actually deposited on the delivery ramp French intervention agencies ; of the recipient storage depot.

From that time onwards, the Italian intervention Whereas it is therefore necessary to lay down detailed agency shall be responsible for the goods. rules as referred to in Article 8 (2) of Regulation (EEC) No 753/76 and in particular to deal with the matter of transport ; whereas, in view of the urgency of the Article 3 matter, it seems appropriate that the charges in respect of this particular delivery be determined by means of private contracts ; 1 . Delivery charges in respect of the skimmed-milk powder shall be determined by the supplying interven­ tion agencies concerned by means of private contracts Whereas, in order to ensure that undertakings esta­ concluded on the cheapest terms available. Such blished in Italy are supplied, it is necessary to main­ charges shall cover the following : tain the power provided for in Article 8 (3) of Regula­ tion (EEC) No 753/76 and hence to amend accord­ (a) loading of the goods from loading ramp ; ingly Article 1 of Commission Regulation (EEC) No (b) carriage ; 789/76 of 6 April 1976 on the supply of skimmed­ milk powder from public stocks to undertakings in (c) unloading in accordance with Article 2 (2) ; Italy for use in accordance with Regulation (EEC) No (d) insurance in accordance with the value of the 563/76 (4) ; goods as determined by their intervention price.

(») OJ No L 67, 15. 3 . 1976, p. 18 . 2. The supplying intervention agencies shall imme­ (2) OJ No L 88 , 1 . 4. 1976, p. 1 . (') OJ No L 210, 4. 8 . 1976, p. 17. diately send the Commission a copy of every contract (4) OJ No L 92, 7. 4. 1976, p. 15. as above concluded by them .

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6. 8 . 76 Official Journal of the European Communities No L 213/ 17

Article 4 document shall contain the same information as the original document. 1 . On dispatch of the skimmed-milk powder to Italy a removal voucher issued by the intervention 4. Where Regulation (EEC) No 304/71 is applied agency shall be produced at the customs office of to the carriage of the products in question, the en­ departure. Such voucher shall be numbered and shall dorsements provided for in paragraphs 1 and 2 of this include particulars as follows : Regulation shall be made on the International Consignment Note (CIM) in the appropriate space (a) a description of the product ; headed 'Designation of the goods' or, as the case may (b) the number and type of packages, together with be, on the International Express Parcels Consignment the marks and numbers borne by them ; note (TIEx). Such endorsements shall be authenticated (c) the gross and net weight of the skimmed-milk by the stamp of the customs office of departure. powder ; Article 5 (d) a reference to this Regulation ; (e) the address of the recipient storage depot of the Save in case of force majeure, the supplying interven­ Italian intervention agency. tion agency shall pay the amount specified in Article 3 ( 1 ) only on receipt of a delivery certificate issued by Vouchers shall be retained by the customs office of the Italian intervention agency on delivery of ' the departure . goods. 2. The Community transit document accompany­ ing the skimmed-milk powder shall, in addition to a Article 6 description of goods and the address of the recipient In Article 1 of Regulation (EEC) No 789/76 the words storage depot of the Italian intervention agency 'Pending the taking of measures to implement Article contain one of the following endorsements : 8 ( 1 ) of Regulation (EEC) No 753/76' are replaced by Zur Lieferung an die italienische Interventionsstelle the words : 'Without prejudice to any measures taken (Verordnung (EWG) Nr. 1948/76); in implementation of Article 8 ( 1 ) of Regulation (EEC) 'Destiné à être livré à l'organisme d intervention No 753/76'. italien (reglement (CEE) n° 1948 /76) ; 'Destinato ad essere fornito ali organismo d'intervento Article 7 italiano (regolamento (CEE) n . 1948/76)'. This Regulation shall enter into force on the third day 3 . Where a new document is issued in place of the following its publication in the Official Journal of Community transit document applicable, the new the European Communities.

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

Done at Brussels, 5 August 1976.

For the Commission

P.J. LARDINOIS

Member of the Commission

No L 213/ 18 Official Journal of the European Communities 6 . 8 . 76

ANNEX

Quantities to be delivered Supplying (in metric tons) Recipient warehouse intervention of the Italian agency Total intervention agency Partial quantities

EVSt-F 2 600 500 Sorpoma Italy SpA, Padova (Veneto) 1 000 MAGA, Mangimi bilanciati , Benevagenna (Cuneo) (Piemonte) 700 Arsol SpA, Calenzano (Firenze) (Toscana) 400 Miscela SpA, Albano S. Alessandro (Bergamo) (Lombardia)

FORMA 3 100 1 000 SpA F.lli Martini & Co., Budrio di Longiano (Forlì) (Romagna) 400 Mosa , Via Dismano 450 , S. Zaccaria di Ravenna (Ravenna) 700 SAIG SpA, Giulianova (Teramo) (Abruzzi) 1 000 SIMEN SpA, Castelplanio Scalo (Ancona) (Marche)