31980R2556

No L 261 /8 Official Journal of the European Communities 4. 10 . 80

COMMISSION REGULATION (EEC) No 2556/80 of 3 October 1980 applying a particular intervention measure in respect of common wheat

THE COMMISSION OF THE EUROPEAN is earned out shall be considered as being the date on COMMUNITIES, which the event occurs, as defined by Community rules or, in the absence of and pending adoption of Having regard to the Treaty establishing the European such rules, by the rules of the Member State Economic Community, concerned, which gives entitlement to the amount involved in the transaction ; whereas, however, by virtue of Article 4 (3) of Regulation (EEC) No 878/77, Having regard to Council Regulation (EEC) No derogations may be made from the abovementioned 2727/75 of 29 October 1975 on the common organiza­ provisions ; tion of the market in cereals (J), as last amended by Regulation (EEC) No 1870/80 (2), and in particular Article 8 ( 1 ) thereof, Whereas, in respect of private storage aid for the sector in question, the rate of exchange to be used for Having regard to Council Regulation (EEC) No calculating the amount of this aid in national 878/77 of 26 April 1977 on the exchange rates to be currency, and also the other amounts provided for in applied in agriculture (3), as last amended by Regula­ this Regulation, should be that obtaining at the time tion (EEC) No 1366/80 (4), when the storage contract comes to an end ;

Whereas under Article 8 ( 1 ) of Regulation (EEC) No Whereas the measures provided for in this Regulation 2727/75, in order to prevent substantial intervention are in accordance with the opinion of the Manage­ buying-in in certain regions, the competent national ment Committee for Cereals, authorities may be authorized to take particular inter­ vention measures ; HAS ADOPTED THIS REGULATION : Whereas Council Regulation (EEC) No 1146/76 of 17 May 1976 (5) lays down the general rules for the appli­ cation of particular and special measures ; Article 1 Whereas such measures may consist in the conclusion of a storage contract between the intervention agency 1 . The intervention agency of the Federal Republic and a holder, for a daily payment ; of Germany shall conclude with holders of common wheat who so request storage contracts under the Whereas in view of the present situation and the conditions laid down in this Regulation . outlook with regard to the disposal of cereals in Schleswig-Holstein, there is concern about the state of 2. This particular intervention measure shall relate the market in that region for the first six months of to a total quantity of 240 000 tonnes of common the 1980/81 marketing year ; whereas storage wheat harvested in Schleswig-Holstein and having a measures should therefore be adopted in respect of a Hagberg falling number less than 160 seconds. total quantity of 240 000 tonnes of common wheat ; whereas these measures should be applied with effect from 16 October 1980 and detailed rules relating thereto should be laid down ; Article 2

Whereas, under Article 4 (2) of Council Regulation (EEC) No 11 34/68 (6), sums referred to in the said 1 . The particular measure provided for in this Regu­ lation shall involve the conclusion of contracts Article are to be paid on the basis of the conversion rate applicable at the time when the transaction or between the intervention agency and holders of common wheat, under which : part transaction is carried out ; whereas, under Article 6 of the same Regulation, the time when a transaction (a) the holders shall undertake to keep in store a speci­ (») OJ No L 281 , 1 . 11 . 1975, p. 1 . fied quantity of common wheat, at a specified (2) OJ No L 184, 17. 7. 1980, p. 1 . place of storage from 16 October 1980 until 15 (3) OJ No L 106, 29 . 4. 1977, p. 27. January 1981 in respect of the whole quantity, {*) OJ No L 140, 5. 6. 1980, p. 19 . (5) OJ No L 130, 19 . 5. 1976, p. 9 . until 15 February 1981 for two thirds and until 15 (') OJ No L 188, 1 . 8 . 1968 , p. 1 . March 1981 for the last third .

4. 10 . 80 Official Journal of the European Communities No L 261 /9

Article 4 (b) the intervention agency shall grant to the holders, on expiry of the longest storage period specified in 1 . To qualify for this particular intervention (a), a daily premium intended to cover the costs of measure provided for in this Regulation, common the operation, fixed at a standard rate of 0-03 ECU wheat must be sound, genuine and of merchantable per tonne. quality within the meaning of paragraph 2 and must 2. The premium referred to in paragraph 1 (b) shall have a Hagberg falling number less than 160 seconds . be granted on the quantity remaining at the place of 2. Common wheat shall be considered sound, storage throughout the period. An amount of nine genuine and of merchantable quality if it satisfies the ECU per tonne shall be levied in respect of any conditions laid down in Article 2 of Regulation (EEC) missing quantity. However, a tolerance of 3 kg per No 1569/77 (»). tonne shall be allowed when applying this paragraph .

3 . The intervention agency shall verify the exist­ Article 5 ence of claimants' stocks before signature of the If, at the end of the storage period, common wheat contract and at the end of the period of storage. It which has been the subject of the particular interven­ shall also carry out all the necessary control measures tion measure provided for in this Regulation does not to ensure that the obligations are complied with . meet the quality requirements laid down in Article 4, 4. Transfers from one store to another may be the premium referred to in Article 2 ( 1 ) (b) shall not made only with the authorization of the intervention be paid in respect of the quantities in question . agency. The costs of such transfers shall be borne by the holder. Article 6

Article J The Member State concerned shall keep the Commis­ sion informed as to the progress of the operations Holders who wish to enter into such contracts must provided for in this Regulation . make a written application, which shall have the effect of a firm commitment, to the intervention agency Article 7 before 8 October 1980, indicating the quantity in ques­ The conversion rate to be applied to the various mone­ tion, which may not be less than 200 tonnes. tary amounts given in this Regulation shall be the Should the total quantities for which holders wish to representative rate in force on the day when the contract exceed those specified in Article 1 (2), the contract effectively comes to an end . intervention agency shall apportion the quantities to be contracted for in proportion to the quantity offered Article 8 by each holder. In that case the minimum quantity shall be 80 tonnes. The intervention agency shall This Regulation shall enter into force on the day notify the holders, before 16 October 1980, of the following its publication in the Official Journal of quantities to be contracted for. the European Communities.

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

Done at Brussels, 3 October 1980 . For the Commission

Finn GUNDELACH Vice-President

( l) OJ No L 174, 14. 7 . 1977, p. 15 .