31977R0733

7 . 4. 77 No L 89/ 19 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 733/77 of 6 April 1977 laying down detailed rules for the implementation of Regulation (EEC) No 564/77 on the transfer to the Italian intervention agency of common wheat held by the German intervention agency

THE COMMISSION OF THE EUROPEAN notified to the Commission so as to enable it to assess COMMUNITIES , the financial consequences of the transfer ;

Having regard to the Treaty establishing the European Whereas, in order to ensure that the transfer is Economic Community, effected as economically as possible, the cost thereof should be put out to tender ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ Whereas, because of the non-commercial nature of tion of the market in cereals (!), as last amended by this transfer of cereals, no monetary compensatory Regulation (EEC) No 3138/76 (2), amount should be applied ; Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the Whereas the measures provided for in this Regulation common agricultural policy (3), as last amended by are in accordance with the opinion of the Manage­ Regulation (EEC) No 2788/72 (4), ment Committee for Cereals,

Having regard to Council Regulation (EEC) No 974/71 of 12 May 1971 on certain measures of conjunctural policy to be taken in agriculture HAS ADOPTED THIS REGULATION : following the temporary widening of the margins of fluctuation for the currencies of certain Member States (5), as last amended by Regulation (EEC) No 557/76 (<>), Article 1 Having regard to Council Regulation (EEC) No 2738/75 of 29 October 1975 laying down general 1 . Pursuant to Regulation (EEC) No 564/77, the rules for intervention on the market in cereals (7), German intervention agency shall make available to the Italian intervention agency 300 000 tonnes of common wheat of bread-making quality. Having regard to Council Regulation (EEC) No 564/77 of 1 5 March 1 977 on the transfer to the Italian intervention agency of common wheat held by the The German intervention agency shall arrange for the « German intervention agency (8), and in particular quantity in question to be made available on 1 April Article 1 (4) thereof, 1977 .

Whereas Regulation (EEC) No 564/77 has made avail­ 2. The Italian and German intervention agencies able to the Italian intervention agency 300 000 tonnes shall communicate to each other all necessary informa­ of common wheat of bread-making quality held by tion on the characteristics of the product and shall so the German intervention agency ; whereas detailed agree the places of storage, departure and destination rules for implementing this measure should be laid as to keep transport costs to a minimum. These parti­ down ; culars shall be immediately communicated to the Commission . Whereas the Italian intervention agency should be informed without delay of the storage places of the quantities to be transferred ; whereas this information and the locations of the warehouses in Italy should be Article 2

>) OJ No L 281 , 1 . 11 . 1975, p. 1 . 2) OJ No L 354, 24. 12. 1976, p. 1 . 1 . The Italian intervention agency shall take 3) OJ No L 94, 28 . 4. 1970, p. 13 . delivery of the common wheat, certified as being of «) OJ No L 275, 30. 12. 1972, p. 1 . bread-making quality by the German intervention 5) OJ No L 106, 12. 5. 1971 , p. 1 . agency and loaded on the means of transport at the 6) OJ No L 67, 15 . 3 . 1976, p. 1 . warehouse of the supplying intervention agency, and 7) OJ No L 281 , 1 . 11 . 1975, p. 49 . 8) OJ No L 72, 19 . 3 . 1977, p. 1 . shall thereupon assume responsibility for it.

No L 89 / 20 7 . 4 . 77 Official Journal of the European Communities

2. The cost of transporting the wheat in question shall be produced at the customs office of departure. shall be determined by the Italian intervention agency This voucher shall be numbered and shall include the by means of an invitation to tender. Such cost shall following particulars : cover : (a) the quantity to which it relates ; (a) transport (excluding loading) from the supplying (b) the reference number of this Regulation ; warehouse to the receiving warehouse ; (c) the address of the receiving warehouses of the (b) unloading ; Italian intervention agency ; (c) insurance on the value of the goods determined at (d) any other information necessary for control the intervention price of the product. purposes .

3 . The invitation to tender may relate to one or The voucher shall be retained by the customs office of more consignments. departure .

4. The Italian intervention agency shall prescribe 2. The Community transit document applicable the terms and conditions of the invitation to tender in shall contain in section 31 , in addition to a descrip­ accordance with the provisions of this Regulation. tion of the goods, one of the following endorsements : Such terms and conditions shall provide in particular for the provision of security to guarantee performance 'destiné à être livré à 1 organisme d'intervention by successful tenderers of their obligations under the italien, au lieu d'entreposage suivant : . . . (règlement contract awarded to them . (CEE) n0 733/77)' ; zur Lieferung an die italienische Interventionsstelle Provision shall also be made to ensure equality of nach folgendem Lagerplatz : . . . (Verordnung (EWG) access and treatment for all prospective tenderers, Nr. 733/77)' ; wherever they may be established in the Community. 'destinato ad essere fornito ali organismo d intervento For this purpose the Italian intervention agency shall italiano al deposito seguente : . . . (regolamento (CEE) communicate to the other intervention agencies and to the Commission the text of the notice of invitation n . 733/77)'. to tender, which shall be referred to in a notice published in the Official Journal of the European 3 . Where a new document is issued in place of the Communities at least one week before the final date Community transit document applicable the new fixed by the Italian intervention agency for the submis­ document shall contain the same endorsement as the sion of tenders . original .

Tenders submitted to the Italian intervention agency 4. Where Regulation (EEC) No 304/71 is applied shall be made and accepted in Italian lira. to the carriage of the product in question, the endorse­ ment provided for in paragraph 2 shall be made on the international consignment note (CIM) in the space 5 . The contract shall be awarded to the tenderer or headed ' Description of goods' or, as the case may be, tenderers offering the best terms. on the international express parcels consignment note TIEx). Such endorsement shall be authenticated by the stamp of the customs office of departure. However, if the tenders submitted do not correspond to normal prices and costs the invitation to tender shall be cancelled . Article 4 6. The Italian authorities shall keep the Commis­ sion informed of the progress of the invitation to No monetary compensatory amount shall be appli­ tender and shall immediately communicate the results cable to cereals transferred pursuant to this Regula­ thereof both to it and to the German intervention tion . agency.

Article 5 Article 3 This Regulation shall enter into force on the third day 1 . On consignment of the goods to Italy, a removal following its publication in the Official Journal of voucher issued by the supplying intervention agency the European Communities.

7. 4. 77 No L 89/21 Official Journal of the European Communities

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

Done at Brussels, 6 April 1977. For the Commission Finn GUNDELACH Vice-President