31977R1011

No L 121 / 12 Official Journal of the European Communities 14 . 5 . 77

COMMISSION REGULATION ( EEC) No 1011 /77 of 13 May 1977 on the transfer tp the Italian intervention agency of the second instalment of butter pursuant to Regulation (EEC) No 2452/76

THE COMMISSION OF THE EUROPEAN tity to be transferred ; whereas this information as well COMMUNITIES, as that concerning the geographical situation of the storage places in Italy should be notified to the Having regard to the Treaty establishing the European Commission so as to enable it to determine the finan­ Economic Community, cial consequences of this transfer ; Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization Whereas in order to find the most economical way of of the market in milk and milk products ('), as last carrying out such an operation, recourse should be amended by Regulation ( EEC) No 559/76 (2), and in had to a tendering procedure for the transport to particular Articles 6 (7) and 28 thereof, Italy ;

Having regard to Council Regulation (EEC) No Whereas, in view of the specific objectives of this 729/70 of 21 April 1970 on the financing of the transfer, it is advisable to lay down that the second common agricultural policy (3), as last amended by instalment of butter referred to in this measure is Regulation (EEC) No 2788/72 (4), offered for sale under Commission Regulation (EEC) No 1282/72 of 21 June 1972 on the sale of butter at a Having regard to Council Regulation ( EEC) No reduced price to the army and similar forces (n ), as 974/71 of 12 May 1971 on certain measures of last amended by Regulation (EEC) No 920/77 ( 12), conjunctural policy to be taken in agriculture Commission Regulation (EEC) No 232/75 of 30 following the temporary widening of the margins of fluctuation for the currencies of certain Member January 1975 on the sale of butter at reduced prices for use in the manufacture of pastry products and ice­ States (5), as last amended by Regulation (EEC) No cream ( 13), as last amended by Regulation (EEC) No 557/76 (6), and in particular Article 6 thereof, 920/77, and Commission Regulation (EEC) No Having regard to Council Regulation ( EEC) No 2315/76 of 24 September 1976 on the sale of butter 2452/76 of 5 October 1976 on the transfer to the from public stocks ( 14) ; Italian intervention agency of butter held by the inter­ vention agencies of other Member States (7), as Whereas because of the non-commercial nature of the amended by Regulation (EEC) No 539/77 (8), and in transfer of the butter in question, no monetary particular Article 1 (2) thereof, compensatory amount should be applied ;

Whereas, pursuant to Regulation ( EEC) No 2452/76, 10 000 tonnes of butter held by the intervention agen­ Whereas the measures provided for in this Regulation cies of other Member States was made available to the are in accordance with the opinion of the Manage­ Italian intervention agency ; whereas the transfer of ment Committee for Milk and Milk Products, the first instalment of 5 000 tonnes of butter was made under Commission Regulation (EEC) No 22/77 of 5 January 1977 (9), as last amended by Regulation (EEC) No 629/77 ( 10) ; whereas the transfer of the HAS ADOPTED THIS REGULATION : second instalment of 5 000 tonnes of butter made available by the French and Luxembourg intervention agencies should be commenced , and detailed rules for implementing this measure should be laid down ; Article 1

Whereas the Italian intervention agency should rapidly be informed of the storage places of the quan­ 1 . Pursuant to Regulation (EEC) No 2452/76, the French and Luxembourg intervention agencies shall (>) OJ No L 148 , 28 . 6 . 1968 , p . 13 . make available to the Italian intervention agency (2) OJ No L 67, 15. 3 . 1976, p . 9 . 5 000 tonnes of butter bought-in in accordance with (>) OJ No L 94, 28 . 4. 1970 , p . 13 . Article 7 ( 1 ) of Regulation (EEC) No 804/68 divided (4) OJ No L 295, 30 . 12. 1972, p . 1 . up as follows : (5) OJ No L 106, 12. 5 . 1971 , p . 1 . (6) OJ No L 67, 15. 3 . 1976, p . 1 . O OJ No L 279, 9 . 10 . 1976, p. 1 . (") OJ No L 142, 22. 6 . 1972, p. 14. (8) OJ No L 70, 17. 3 . 1977, p . 1 . 0 2) OJ No L 108 , 30 . 4. 1977, p. 75. H OJ No L 5 , 7. 1 . 1977, p. 8 . C 3 ) OJ No L 24, 31 . 1 . 1975, p. 45 . ( I0) OJ No L 78 , 26. 3 . 1977, p . 12. (««) OJ No L 261 , 25. 9 . 1976, p. 12.

14 . 5 . 77 Official Journal of the European Communities No L 121 / 13

French intervention agency : 3 800 tonnes, established in the Community. For this purpose the Luxembourg intervention agency : 1 200 tonnes. Italian intervention agency shall communicate to the other intervention agencies and to the Commission 2. The French and Luxembourg intervention agen­ the text of the notice of tender, which shall be cies shall arrange that the quantities in question are referred to in a notice published in the Official made available at the latest on 23 May 1977. Journal of the European Communities at least 12 days before the final date fixed by the Italian interven­ They shall choose as few places of storage as possible, tion agency for the submission of tenders. preferably from amongst the places nearest to the country of destination . Tenders submitted to the Italian intervention agency shall be made and accepted in Italian lire. Within seven days of the entry into force of this Regulation, they shall communicate to the Italian 4. The contract shall be awarded to the tenderer or intervention agency and to the Commission the list of tenderers offering the most favourable terms. places where the quantities to be transferred are stored . However, if the tenders submitted do not correspond to normal prices and costs, the invitation to tender 3. Within 15 days of the entry into force of this shall be cancelled . Regulation, the Italian intervention agency shall Communicate to the French and Luxembourg interven­ 5 . The Italian authorities shall keep the Commis­ tion agencies and to the Commission the list of sion informed of the progress of the tendering proce­ depots where the quantities concerned are to be dure and shall immediately communicate the results stored . thereof both to it and to the French and Luxembourg intervention agencies. 4. Article 7 of Regulation (EEC) No 685/69 shall apply as regards the refrigerated depots where the butter will be stored by the Italian intervention Article 3 agency . 1 . On consignment of the butter to Italy, a removal Article 2 voucher issued by the supplying intervention agency shall be produced at the customs office of departure. 1 . After checking the number of packages, the Such voucher shall be numbered and shall include the quality and the packaging of the butter, the Italian following particulars : intervention agency shall take delivery of the goods, loaded on to the means of transport at the loading (a) the description of the goods ; ramp of the storage depot of the supplying interven­ (b) the number of packages, the mark or the identifica­ tion agency, and shall thereupon assume responsi­ tion number of the dairy ; bility for them . (c) the gross and net weight of the goods ; A quality certificate, accompanying the goods, shall be (d) a reference to this Regulation ; given by the supplying intervention agency. (e) the address of the recipient storage depot of the Italian intervention agency. 2. The amount of the costs of transporting the butter in question shall be determined by the Italian intervention agency by means of a tendering proce­ The vouchers shall be retained by the customs office dure . Such costs shall cover : of departure.

(a) transport (excluding the loading) from the loading 2. The Community transit document applicable ramp of the supplying storage depot to the shall contain in Section No 31 , in addition to a delivery ramp of the recipient storage depot ; description of the goods, one of the following endorse­ ments : (b) unloading and placing in refrigerated store ; (c) insurance on the value of the goods determined by ' Destiné à être livré à 1 organisme d intervention the intervention price of butter. italien, à l'entrepôt suivant : . . . (règlement (CEE) n0 1011 /77)', 3 . The Italian intervention agency shall determine the terms and conditions of the invitation to tender, ' Destinato ad essere fornito all organismo d'intervento in accordance with the provisions of this Regulation . italiano al deposito seguente : . . . (regolamento (CEE) They shall provide for, in particular, the lodging of a n . 1011 /77)'. security to guarantee fulfilment of the obligations under the tendering procedure . 3 . Where a new document is issued in place of the Community transit document applicable, the new They shall also ensure equality of access and treat­ document shall contain the same endorsement as the ment for all interested parties wherever they may be original document.

No L 121 / 14 Official Journal of the European Communities 14 . 5 . 77

4. Where Regulation (EEC) No 304/71 applies to Article 5 the carriage of the butter in question, the endorse­ ment provided for in paragraph 2 shall be made on The butter transferred under the present Regulation the International Consignment Note (CIM) in the may only be sold by the Italian intervention agency space headed 'Description of goods' or, as the case under Regulations (EEC) No 1282/72, (EEC) No may be, on the International Express Parcels Consign­ 232/75 and (EEC) No 2315/76. ment note (TIEx). Such endorsement shall be authenti­ cated by the stamp of the customs office of departure. Article 6 Article 4 This Regulation shall enter into force on the third day No compensatory amount shall be applicable to the following its publication in the Official Journal of butter transferred pursuant to this Regulation . the European Communities.

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

Done at Brussels, 13 May 1977. For the Commission Finn GUNDELACH Vice-President