31977R0022

No L 5/ 8 Official Journal of the European Communities 7 . 1 . 77

COMMISSION REGULATION ( EEC) No 22/ 77

of 5 January 1977

on the transfer to the Italian intervention agency of the first instalment of butter pursuant to Regulation (EEC) No 2452/76

THE COMMISSION OF THE EUROPEAN Whereas in order to find the most economical way of COMMUNITIES , carrying out such an operation , recourse should be had to a tendering procedure for the transport to Having regard to the Treaty establishing the European Italy ; Economic Community, Whereas, in view of the specific objectives of this transfer and because of the current uncertainty on the Having regard to Council Regulation ( EEC) No development of the butter market in Italy, it is advis­ 804/ 68 of 27 June 1968 on the common organization able to lay down that, until a new situation develops, of the market in milk and milk products ('), as last the first instalment of butter referred to in this amended by Regulation ( EEC) No 559/76 (2 ), and in measure may only be sold pursuant to Commission particular Articles 6 (7) and 28 thereof, Regulation ( EEC) No 1717/ 72 of 8 August 1972 on the sale of butter at a reduced price to non-profit­ Having regard to Council Regulation ( EEC) No making institutions and organizations (8), as last 729/70 of 21 April 1970 on the financing of the amended by Regulation ( EEC) No 2575/76 (9) ; common agricultural policy (3 ), as last amended by Regulation ( EEC) No 2788 / 72 (4 ), Whereas, because of the non-commercial nature of the transfer of the butter in question , no monetary Having regard to Council Regulation ( EEC) No compensatory amount should be applied ; 974/ 71 of 12 May 1971 on certain measures of conjunctural policy to be taken in agriculture Whereas the measures provided for in this Regulation following the temporary widening of the margins of fluctuation for the currencies of certain Member are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, States (5 ), as last amended by Regulation ( EEC) No 557 / 76 (6), and in particular Article 6 thereof,

Having regard to Council Regulation (EEC) No 2452/ 76 of 5 October 1976 on the transfer to the HAS ADOPTED THIS REGULATION : Italian intervention agency of butter held by the inter­ vention agencies of other Member States ( 7), and in particular Article 1 (2) thereof, Art idc 1 Whereas , pursuant to Regulation ( EEC) No 2452/76, 10 000 tonnes of butter held by the intervention agen­ 1 . Pursuant to Regulation ( EEC) No 2452/76, the cies of other Member States was made available to the German intervention agency shall make available to Italian intervention agency ; whereas the transfer of the Italian intervention agency 5 000 tonnes of butter the first instalment of 5 000 tonnes of butter made bought-in in accordance with Article 7 ( 1 ) of Regula­ available by the German intervention agency should tion ( EEC) No 804/ 68 . be commenced, and detailed rules for implementing this measure should be laid down ; 2. The German intervention agency shall arrange that the quantity in question is made available on 10 Whereas the Italian intervention agency should January 1977 . rapidly be informed of the storage places of the quan­ tity to be transferred ; whereas this information as well It shall choose as few places of storage as possible, as that concerning the geographical situation of the preferably from amongst the places nearest to the storage places in Italy should be notified to the Commission so as to enable it to determine the finan­ country of destination . cial consequences of this transfer ; Within seven days of the entry into force of this Regu­ ') OJ No L 148 , 28 . 6 . 1968 , p. 13. lation , it shall communicate to the Italian intervention -') OJ No L 67, 15 . 3 . 1976 , p. 9 . agency and to the Commission the list of places ') OJ No L 94, 28 . 4 . 1970 , p. 13 . where the quantity to be transferred is stored . ->) OJ No L 295, 30 . 12 . 1972, p. I. >) OJ No L 106, 12 . 5 . 1971 , p. I. fc) 0 | No L 67 , 15 . 3 . 1976 , p. I. (s) 0 ( No L 181 , 9 . 8 . 1972, p . 1 1 . ( 7 ) OJ No L 279 , 9 . 10 . 1976, p. I. O Oj No L 29.?, 23 . 10 . 1976, p. 23 .

7 . 1 . 77 No L 5 / 9 Official Journal of the European Communities

3 . Within 12 days of the entry into force of this 5 . The Italian authorities shall keep the Commis­ Regulation , the Italian intervention agency shall sion informed of the progress of the tendering proce­ communicate to the German intervention agency and dure and shall immediately communicate the results to the Commission the list of depots where the quan­ thereof both to it and to the German intervention tity concerned is to be stored . agency .

4 . Article 7 of Regulation ( EEC) No 685/69 shall apply as regards the refrigerated depots where the Article 3 butter will be stored by the Italian intervention agency . 1 . On consignment of the butter to Italy, a removal voucher issued by the supplying intervention agency Article 2 shall be produced at the customs office of departure . Such voucher shall be numbered and shall include the 1 . After checking the quantity , quality and pack­ following particulars : aging of the butter, the Italian intervention agency shall take delivery of the goods , loaded on to the (a) the description of the goods ; means of transport at the loading ramp of the storage (b) the number and nature of the packages together depot of the supplying intervention agency, and shall with the marks and numbers borne by them ; thereupon assume responsibility for them . (c) the gross and net weight of the goods ; 2. The amount of the costs of transporting the (d ) a reference to this Regulation ; butter in question shall be determined by the Italian intervention agency by means of a tendering proce­ (e) the address of the recipient storage depot of the dure . Such costs shall cover : Italian intervention agency .

(a) transport (excluding the loading) from the loading The vouchers shall be retained by the customs office ramp of the supplying storage depot to the of departure . delivery ramp of the recipient storage depot ;

(b) unloading and placing in refrigerated store ; 2. The Community transit document applicable (c) insurance on the value of the goods determined by shall contain in Section No 31 , in addition to a the intervention price of butter . description of the goods, one of the following endorse­ ments : 3 . The Italian intervention agency shall determine the terms and conditions of the invitation to tender, 'destiné à être livré à 1 organisme d intervention in accordance with the provisions of this Regulation . italien , à l'entrepôt suivant : . . . (règlement (CEE) n 0 They shall provide for, in particular, the lodging of a 22/77)', security to guarantee fulfilment of the obligations under the tendering procedure . ' zur Lieferung an die italienische Interventionsstelle nach folgendem Lagerhaus : . . . (Verordnung ( EWG ) They shall also ensure equality of access and treat­ Nr. 22/ 77)', ment for all interested parties wherever they may be established in the Community . For this purpose the 'destinato ad essere fornito ali organismo d intervento Italian intervention agency shall communicate to the italiano al deposito seguente : . . . ( regolamento ( CEE) other intervention agencies and to the Commission n . 22/ 77)'. the text of the notice of tender, which shall be referred to in a notice published in the Official Journal of the European Communities at least eight 3 . Where a new document is issued in place of the days before the final date fixed by the Italian interven­ Community transit document applicable, the new document shall contain the same endorsement as the tion agency for the submission of tenders . original document . Tenders submitted to the Italian intervention agency shall be made and accepted in Italian lire . 4 . Where Regulation ( EEC) No 304/ 71 applies to the carriage of the butter in question , the endorse­ 4 . The contract shall be awarded to the tenderer or ment provided for in paragraph 2 shall be made on tenderers offering the most favourable terms . the International Consignment Note ( CIM) in the space headed ' Description of goods' or, as the case However, if the tenders submitted do not correspond may be , on the International Express Parcels Consign­ to normal prices and costs , the invitation to tender ment note (TIEx ). Such endorsement shall be authenti­ shall be cancelled . cated by the stamp of the customs office of departure .

No L 5 / 10 Official Journal of the European Communities 7 . 1 . 77

Article 4 tion of Regulation ( EEC) No 1717/72. The Italian intervention agency may only sell under that Regula­ No monetary compensatory amount shall be appli­ tion up to 1 000 tonnes of butter. cable to the butter transferred pursuant to this Regula­ tion . Such sale shall be limited to non-profit-making institu­ tions and organizations established in Italy.

Article 5 Article 6 Pending other provisions, the sale of the butter This Regulation shall enter into force on the third day referred to in the present Regulation by the Italian following its publication in the Official Journal of intervention agency shall be restricted to the applica­ the European Communities.

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

Done at Brussels , 5 January 1977.

For the Commission

P. J. LARDINOIS

Member of the Commission