31976R2972

No L 339/ 18 8 . 12. 76 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2972/76 of 7 December 1976 laying down detailed rules for the application of Regulation (EEC) No 1861 /76 on the transfer to the Italian intervention agency of skimmed-milk powder held by the intervention agencies of other Member States

THE COMMISSION OF THE EUROPEAN whereas such information and that concerning the COMMUNITIES, geographical location of the places of storage in Italy should be notified to the Commission , so as to enable Having regard to the Treaty establishing the European it to determine the financial consequences of this Economic Community, transfer ; Having regard to Council Regulation (EEC) No Whereas, in order to ascertain the most economical 804/68 of 27 June 1968 on the common organization means of carrying out the operation , the transport of of the market in milk and milk products ('), as last the skimmed-milk powder to Italy should be put up amended by Regulation ( EEC) No 559/76 (2), and in for tender ; particular Articles 7 (5), 10 (3) and 28 thereof,

Having regard to Council Regulation (EEC) No Whereas, in view of the specific objectives of the 729/70 of 21 April 1970 on the financing of the transfer of the skimmed-milk powder, it is necessary common agricultural policy (3), as last amended by to remove its sale from the scope of Commission Regulation (EEC) No 2788 /72 (4), Regulation (EEC) No 2054/76 of 19 August 1976 on the sale for export to non-member countries of skim­ Having regard to Council Regulation (EEC) No med-milk powder held by intervention agencies and 974/71 of 12 May 1971 on certain measures of intended for use as feed (8), as amended by Regulation conjunctural policy to be taken in agriculture (EEC) No 2166/76 (9) ; whereas, for the same reasons, following the temporary widening of the margins of it is advisable to lay down special conditions for the fluctuation for the currencies of certain Member application of Commission Regulation (EEC) No States (5), as last amended by Regulation ( EEC) No 2213/76 of 10 September 1976 on the sale of skim­ 557/76 (6), and in particular Article 6 thereof, med-milk powder from public storage ( 10) ;

Having regard to Council Regulation (EEC) No Whereas, because of the non-commercial nature of 1861 /76 of 27 July 1976 on the transfer of skimmed­ the transfer in question, no monetary compensatory milk powder to the Italian intervention agency by the amount should be applied ; intervention agencies of other Member States (7), and in particular Article 1 (2) thereof, Whereas the measures provided for in this Regulation Whereas, pursuant to Regulations (EEC) No 1861 /76, are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, 10 000 metric tons of skimmed-milk powder held by the intervention agencies of other Member States has been made available to the Italian intervention agency ; whereas detailed rules for implementing this HAS ADOPTED THIS REGULATION : measure should be laid down ;

Whereas the intervention agencies responsible for Article 1 making available the skimmed-milk powder in ques­ tion should be designated according to the supplies available to them ; whereas, in view of the quantities 1 . Pursuant to Regulation ( EEC) No 1861 /76, the to be transferred, provisions should be made for the German and French intervention agencies shall each Italian intervention agency to take the products over make available to the Italian intervention agency from each of the other agencies in two instalments ; 5 000 metric tons of skimmed-milk powder bought in in accordance with Article 7 ( 1 ) of Regulation (EEC) Whereas the Italian intervention agency should No 804/ 68 . rapidly be informed of the geographical location and quantities available of the product in question ; 2. The German and French intervention agencies shall arrange for 50 % of the quantity in question to •) OJ No L 148 , 28 . 6. 1968 , p. 13 . be made available on 15 December 1976 and 50 % 2) OJ No L 67, 15 . 3 . 1976, p. 9 . on 15 February 1977. 3) OJ No L 94, 28 . 4. 1970, p. 13 . 4) OJ No L 295, 30 . 12. 1972, p. 1 . 5) OJ No L 106, 12. 5 . 1971 , p. 1 . (8) OJ No L 228 , 20 . 8 . 1976, p . 17. b) OJ No L 67, 15 . 3 . 1976, p. 1 . O OJ No L 242, 3 . 9 . 1976, p . 9 . 7) OJ No L 206, 31 . 7 . 1976, p. 1 . ( 10) OJ No L 249 , 11 . 9 . 1976, p . 6.

8 . 12 . 76 No L 339 / 19 Official Journal of the European Communities

They shall choose as few as possible places of storage, be established in the Community. To this end the preferably from among those depots nearest to the Italian intervention agency shall communicate to the country of destination . other intervention agencies and to the Commission the text of the notice of invitation to tender, of which Within seven days following the entry into force of notice shall be given in the Official Journal of the this Regulation, they shall communicate to the Italian European Communities at least eight days before the intervention agency and to the Commission a list of final date fixed by the Italian intervention agency for the places where the quantity comprising the first the submission of tenders . instalment is stored . Tenders submitted to the Italian intervention agency They shall communicate, before 15 January 1977, a shall be made and accepted in Italian lira. list of the places where the quantities comprising the second instalment are stored . 4. Contracts shall be awarded to the tenderer or tenderers having offered the most favourable terms. 3 . The Italian intervention agency shall communi­ cate to the other intervention agencies concerned and However, if the tenders submitted do not correspond to the Commission : to normal prices and costs, the invitation to tender shall be cancelled . — within seven days following the entry into force of this Regulation, a list of the depots where the 5. The Italian authorities shall keep the Commis­ quantity comprising the first instalment will be sion informed as to the progress of the invitation to stored, tender and shall immediately communicate the results — before 15 January 1977, a list of the depots where both to the latter and to the intervention agencies the quantity comprising the second instalment making available the quantities concerned. will be stored .

4. As regards the depots where the skimmed-milk Article 3 powder is to be stored by the Italian intervention agency, Article 3 of Regulation (EEC) No 1108/68 1 . On dispatch of the skimmed-milk powder to shall apply. Italy, a removal voucher issued by the supplying inter­ vention agency shall be produced at the customs office of departure. Such voucher shall be numbered Article 2 and shall include the following particulars : 1 . After having checked the quantity, quality and (a) a description of the goods ; packaging of the skimmed-milk powder, the Italian (b) the number and type of packages, together with intervention agency shall take delivery of the goods, the marks and numbers borne by them ; loaded on to means of transport at the loading ramp of the storage depot of the supplying intervention (c) the gross and net weight of the goods ; agency, and shall thereupon assume responsibility for (d) a reference to this Regulation ; them . (e) the address of the recipient storage depot of the Italian intervention agency. 2. The amount of the costs of transporting the skimmed-milk powder in question shall be deter­ Vouchers shall be retained by the customs office of mined by the Italian intervention agency by tender. departure. Such costs shall cover : 2. The applicable Community transit document (a) transport (excluding loading) from the loading shall contain in Section 31 , in addition to a descrip­ ramp of the supplying storage depot to the tion of the goods, one of the following endorsements : delivery ramp of the recipient storage depot ; 'destiné à être livré à 1 organisme d intervention (b) unloading and placing in store ; italien, à l'entrepôt suivant : . . . (règlement (CEE) n0 (c) insurance on the value of the goods as determined 2972/76)', by the intervention price of skimmed-milk zur Lieferung an die italienische Interventionsstelle powder. nach folgendem Lagerhaus : . . . (Verordnung (EWG) Nr. 2972/76)', 3 . The Italian intervention agency shall lay down the terms and conditions of the invitation to tender in 'destinato ad essere fornito all organismo d intervento accordance with the provisions of this Regulation . italiano, al deposito seguente : . . . (regolamento (CEE) Such terms must provide in particular for the lodging n . 2972/76)'. of security to guarantee fulfilment of the obligations under the invitation to tender. 3 . Where a new document is issued in place of the Community transit document applicable, the new document shall contain the same information as the They must also ensure equality of access and treat­ ment for all prospective tenderers wherever they may original document.

No L 339 / 20 Official Journal of the European Communities 8 . 12 . 76

4. Where Regulation (EEC) No 304/71 is applied — the skimmed-milk powder shall be sold exclu­ to the carriage of the skimmed-milk powder in ques­ sively for denaturing or processing into tion, the endorsements provided for in paragraphs 1 compound feedingstuffs in accordance with and 2 above shall be made on the international con­ Commission Regulation (EEC) No 990/72 of signment note (CIM) in the space headed ' Description 15 May 1972 ('), as last amended by Regulation of goods' or, as the case may be, on the International (EEC) No 2293/76 (2), Express Parcels consignment note (TIEx.) Such endor­ — the maximum quantity which may be sold to sements shall be authenticated by the stamp of the any one purchaser in any one month shall be customs office of departure . 100 metric tons, — the purchase price shall be reduced by the Article 4 amount of the aid provided for in Article 10 of Regulation (EEC) No 804/ 68 , No monetary compensatory amount shall be appli­ — the purchaser shall before taking delivery cable to skimmed-milk powder transferred pursuant to this Regulation . provide security in an amount of 42 units of account per 100 kilogrammes as a guarantee Article 5 that the skimmed-milk powder will be utilized in Italy for the purposes specified in the first With respect to the sale by the Italian intervention indent hereof . agency of the skimmed-milk powder transferred pur­ suant to this Regulation : Article 6 (a) Regulation (EEC) No 2054/76 shall not apply ; This Regulation shall enter into force on the third day (b) Regulation (EEC) No 2213/76 shall apply subject following its publication in the Official Journal of to the following special conditions : the European Communities.

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

Done at Brussels, 7 December 1976 .

For the Commission

P.J. LARDINOIS Member of the Commission

(') OJ No L 1 15, 17 . 5 . 1972, p. 1 . (2) OJ No L 259 , 23 . 9 . 1976, p . 8 .