31977R2452

9 . 11 . 77 Official Journal of the European Communities No L 285/ 11

COMMISSION REGULATION (EEC) No 2452/77 of 8 November 1977 laying down detailed rules for the implementation of Regulation (EEC) No 2255/77 on the transfer to the Italian intervention agency of common wheat held by the German intervention agency

THE COMMISSION OF THE EUROPEAN 1977 on the storage and movement of products COMMUNITIES, bought in by an intervention agency (7) and of Commission Regulation (EEC) No 1722/77 of 28 July Having regard to the Treaty establishing the European 1 977 laying down common detailed rules for the appli­ Economic Community, cation of Regulation (EEC) No 1055/77 on the storage and movement of products bought in by an interven­ tion agency (8) ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ( !), as last amended by Whereas the measures provided for in this Regulation Regulation (EEC) No 1 386/77 (2), are in accordance with the opinion of the Manage­ ment Committee for Cereals, Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (3), as last amended by Regulation (EEC) No 2788/72 (4), HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 2738/75 of 29 October 1975 laying down general rules for intervention on the market in cereals (5), Article 1 Having regard to Council Regulation (EEC) No 2255/77 of 11 October 1977 on the transfer to the 1 . Pursuant to Regulation (EEC) No 2255/77 the Italian intervention agency of common wheat held by German intervention agency shall make available to the German intervention agency (6), and in particular the Italian intervention agency 200 000 tonnes of Article 1 (4) thereof, common wheat of bread-making quality.

Whereas Regulation (EEC) No 2255/77 has made available to the Italian intervention agency 200 000 The German intervention agency shall arrange for the quantity in question to be made available on 15 tonnes of common wheat of bread-making quality November 1977 . held by the German intervention agency ; whereas detailed rules for implementing this measure should be laid down ; 2. The Italian and German intervention agencies shall establish the characteristics of the product in Whereas the Italian intervention agency should be question and shall agree on the places of storage, informed without delay of the storage places of the departure and destination so as to keep transport costs quantities to be transferred ; whereas this information to a minimum and on the dates for the removal of the and the locations of the warehouses in Italy should be common wheat. These particulars shall be immedi­ notified to the Commission so as to enable it to assess ately communicated to the Commission . the financial consequences of the transfer ;

Whereas, in order to ensure that the transfer is Article 2 effected as economically as possible, the cost thereof should be put out to tender ; 1 . The Italian intervention agency shall take Whereas this transfer shall be subject to the provisions delivery of the common wheat, certified as being of of Council Regulation (EEC) No 1055/77 of 17 May bread-making quality by the German intervention agency and loaded on the means of transport at the (!) OJ No L 281 , 1 . 11 . 1975 , p. 1 . warehouse of the supplying intervention agency, and ( 2) OJ No L 158 , 29 . 6. 1977, p. 1 . shall thereupon assume responsibility for it. (3) OJ No L 94, 28 . 4. 1970, p. 13 . (4 ) OJ No L 275, 30 . 12 . 1972, p. 1 . (5) OJ No L 281 , 1 . 11 . 1975, p. 49 . (7) OJ No L 128 , 24. 5. 1977, p. 1 . (6) OJ No L 261 , 14 . 10 . 1977, p. 4 . (8) OJ No L 189 , 29 . 7. 1977, p. 36 .

No L 285 / 12 Official Journal of the European Communities 9 . 11 . 77

2. The cost of transporting the wheat in question (a) the quantity to which it relates ; shall be determined by the Italian intervention agency (b) the reference number of this Regulation ; by means of an invitation to tender. (c) the address of the receiving warehouses of the Such cost shall cover : Italian intervention agency ; (d) any other information necessary for control (a) transport (excluding loading) from the supplying purposes . warehouse to the receiving warehouse ; (b) unloading ; The voucher shall be retained by the customs office of (c) insurance on the value of the goods determined at departure . the reference price of the product. 2. The Community transit document applicable 3 . The invitation to tender may relate to one or shall contain in section No 31 , in addition to a more consignments . description of the goods, one of the following endorse­ ments : 4. The Italian intervention agency shall prescribe the terms and conditions of the invitation to tender in 'destine a etre livre a l'organisme d'intervention italien, au lieu d'entreposage suivant : . . . (reglement accordance with the provisions of this Regulation . (CEE) n° 2452/77)' ; Such terms and conditions shall provide in particular for the provision of security to guarantee performance 'zur Lieferung an die italienische Interventionsstelle by successful tenderers of their obligations under the nach folgendem Lagerplatz : . . . (Verordnung (EWG) contract awarded to them . Nr. 2452/77)' ; 'destinato ad essere fornito all'organismo d'intervento Provision shall also be made to ensure equality of italiano al deposito seguente : . . . (regolamento (CEE) access and treatment for all prospective tenderers, n . 2452/77)'. wherever they may be established in the Community . For this purpose the Italian intervention agency shall, before publication in Italy, communicate to the other 3 . Where a new document is issued in place of the intervention agencies and to the Commission the text Community transit document applicable the new of the notice of invitation to tender, which shall be document shall contain the same endorsement as the referred to in a notice published in the Official original . Journal of the European Communities at least one week before the final date fixed by the Italian interven­ 4. Where Regulation (EEC) No 304/71 is applied tion agency for the submission of tenders. to the carriage of the product in question, the endorse­ ment provided for in paragraph 2 shall be made on Tenders submitted to the Italian intervention agency the international consignment note (CIM) in the space shall be made and accepted in Italian lira. headed ' Description of goods' or, as the case may be, on the international express parcels consignment note 5 . The contract shall be awarded to the tenderer or (TIEx). Such endorsement shall be authenticated by the stamp of the customs office of departure. tenderers offering the best terms. 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 The German intervention agency shall be responsible tender and shall immediately communicate the results thereof both to it and to the German intervention for the storage of the quantity which remains to be transferred after 31 December 1977 until the date of agency. removal and for this purpose shall receive the lump sum provided for storage.

Article3¶

Article 5 1 . On consignment of the goods to Italy, a removal voucher issued by the supplying intervention agency shall be produced at the customs office of departure . This Regulation shall enter into force on the third day This voucher shall be numbered and shall include the following its publication in the Official Journal of following particulars : the European Communities.

9 . 11 . 77 Official Journal of the European Communities No L 285/ 13

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

Done at Brussels, 8 November 1977. For the Commission

Finn GUNDELACH Vice-President