31986R0840

22 . 3 . 86 Official Journal of the European Communities No L 77/ 13

COMMISSION REGULATION (EEC) No 840/86 of 21 March 1986 on the sale on the internal market of 300 000 tonnes of common wheat held by the Italian intervention agency for disposal in animal feed

THE COMMISSION OF THE EUROPEAN COMMUNITIES, cereals in question to be treated in such a way that they can be identified ;

Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation are Economic Community, in accordance with the opinion of the Management Committee for Cereals, Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) HAS ADOPTED THIS REGULATION : No 3793/85 (*), and in particular Article 7 (5) thereof,

Article 1 Having regard to Council Regulation (EEC) No 231 /86 of 27 January 1986 on the transfer of 300 000 tonnes of The Italian intervention agency shall sell, on the internal common wheat held by the United Kingdom interven­ market by invitation to tender, 300 000 tonnes of tion agency to Italy for disposal in animal feed (3), and in common wheat transferred pursuant to Regulation (EEC) particular Article 1 (6) thereof, No 231 /86 with a view to its use in animal feed .

Whereas fodder grains in Italy are in short supply ind The sale shall be subject to the price conditions laid down in Article 1 (4) of Council Regulation (EEC) No 231 /86 this has caused prices to rise to particularly high levels ; whereas this situation is placing stockfarming underta­ and in accordance with the provisions of this Regulation . kings in an economically precarious position ; The provisions of Regulations (EEC) No 1836/82 and (EEC) No 1687/76 shall be applicable without prejudice Whereas the sale of certain quantities of common wheat to the provisions of this Regulation. intended for use in animal feed and transferred pursuant to Regulation (EEC) No 231 /86 would improve the posi­ Article 2 tion of these undertakings ; whereas, however, in view of the special difficulties of the stockfarming sector, provi­ 1 . The sale of common wheat referred to in Article 1 sions should be laid down to ensure that a proportion of the quantities sold go directly to this sector for immediate shall be effected by means of two individual invitations to tender : use in animal feed ; (a) one invitation to tender for 1 00 000 tonnes, open to stockfarmers ; Whereas it is appropriate that this sale should be governed by the provisions of Commission Regulation (b) one invitation to tender for 200 000 tonnes, open to (EEC) No 1836/82 of 7 July 1982 laying down the proce­ all interested parties. dure and conditions for the disposal of cereals held by intervention agencies (4), as amended by Regulation (EEC) The quantities of common wheat offered for sale under No 1806/85 Q, subject to certain special provisions the invitation to tender specified in (a) and still unsold on designed to ensure that the objective of the operation is 15 May 1986 shall be added to the quantities offered for attained ; sale under the invitation to tender specified in (b).

2. The invitations to tender referred to in paragraph 1 Whereas, moreover, as regards surveillance, the provisions shall be subject to the following conditions : of Commission Regulation (EEC) No 1687/76 of 30 June 1976 laying down common detailed rules for verifying the (a) tendering procedures shall be held weekly ; the cereals use and/or destination of products from intervention (*), as shall be sold in lots once the latter have been placed last amended by Regulation (EEC) No 3206/85 Q, are in storage at the ports ; applicable ; whereas provision should also be made for the (b) by way of derogation from Article 3 of Regulation (EEC) No 1836/82, tenders submitted in response to (' OJ No L 281 , 1 . 11 . 1975, p. 1 . the invitation specified in paragraph 1 (a) shall be 2) OJ No L 367, 31 . 12. 1985, p. 19 . eligible for consideration only if they are for a quan­ (3) OJ No L 29, 4. 2. 1986, p . 1 . tity of not less than 25 tonnes, and tenders submitted O OJ No L 202, 9 . 7. 1982, p. 23 . in response to the invitation specified in paragraph 1 O OJ L 169, 29 . 6 . 1985, p. 73 . (Ó OJ No L 190, 14. 7. 1976, p. 1 . (b) shall be eligible for consideration only if they are 0 OJ No L 303 , 16 . 11 . 1985, p . 8 . for a quantity of not less than 100 tonnes ;

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(c) the successful tenderer must undertake to dispose of stuffs and such feedingstuffs sold to the end user before the common wheat in animal feed before 30 June 30 June 1986. 1986 and must lodge a security to guarantee fulfil­ The security shall be forfeit if no such evidence has been ment of this obligation . provided by 30 September 1986. 3. By way of derogation from the first paragraph of However, if evidence is provided before 31 December Article 16 of Regulation (EEC) No 1836/82, the successful 1986, an amount equal to 80 % of the security shall be tenderer shall pay for the cereals within three months of released . the day of forwarding the declaration referred to in Article 1 5 of the said Regulation ; however, in the case of cereals 2. The security referred to in Article 2 (4) shall be not removed within one month of the date of forwarding equal to the price to be paid for the cereals sold to the the said declaration, the successful tenderer shall be successful tenderer under this Regulation. responsible for the storage risks and storage costs. The security shall be released once the cereals have been 4. Should the cereals be removed before payment, a paid for. security must be lodged to guarantee that they will be paid for within the time limit specified in paragraph 3. Article 4

1 . The Italian intervention agency shall take the Article 3 measures necessary to guarantee proper implementation of this Regulation as regards the sale by invitation to 1 . The security referred to in Article 2 (2) (c) shall be 8 tender and shall communicate these measures to the ECU per tonne. This security shall be released only if Commission . evidence is provided, to the satisfaction of the competent authority, that the common wheat has been incorporated 2. To facilitate verification of use in animal feed, the into compound feedingstuffs before 30 June 1986. intervention agency concerned shall colour the product so that it can be identified . Where the buyer is himself a stockfarmer and the end user of the common wheat, evidence that the wheat Article 5 purchased has been incorporated into compound feeding­ stuffs shall be considered sufficient. In all other cases This Regulation shall enter into force on the day of its evidence shall be provided that the common wheat publication in the Official Journal of the European purchased has been incorporated into compound feeding­ Communities.

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

Done at Brussels, 21 March 1986.

For the Commission Frans ANDRIESSEN Vice-President