31986R1582

No L 139 / 38 Official Journal of the European Communities 24 . 5 . 86

COUNCIL REGULATION ( EEC) No 1582/86 of 23 May 1986 on particular intervention measures for cereals

THE COUNCIL OF THE EUROPEAN COMMUNITIES , for cereals ( 4); whereas that Regulation should , there­ fore , be repealed , Having regard to the Treaty establishing the European Economic Community , HAS ADOPTED THIS REGULATION : Having regard to Council Regulation ( EEC ) No 2727 / 75 of 29 October 1975 on the common organ­ Article 1 ization of the market in cereals ('), as last amended by Regulation ( EEC ) No 1 579 /86 (2 ), and in particular The particular intervention measures referred to in Article 8 ( 2 ) thereof, Article 8 of Regulation ( EEC ) No 2727 / 75 may be taken if, in one or more regions of the Community , Having regard to the proposal from the market prices fall sharply in relation to the intervention Commission ( 3 ), price .

Whereas Article 8 ( 1 ) of Regulation ( EEC) No 2727 / 75 provides that particular intervention measures can be A rticle 2 taken where the market situation so requires ; whereas it should be specified that use of such measures in one or The particular intervention measures may , in particular, more regions of the Community should be based on an take the form of buying-in of cereals having at least the assessment of the development of the market in the qualitative characteristics required for intervention . various cereals in relation to the intervention price applicable , with a view to avoiding disturbances ; wher­ eas, therefore, the particular measures adopted may relate only to those cereals with technical and techno­ Article 3 logical characteristics complying at least with the mini­ mum requirements fixed for buying-in by the interven­ 1 . If particular intervention measures have been taken tion agencies under Article 7 of Regulation ( EEC ) in the form of the buying-in of cereals, these cereals No 2727 / 75 ; whereas the particular measures must, in shall be subsequently disposed of by invitation to respect of implementation , be adapted to the various tender : situations which arise ; ( a ) either with a view to their being put back on the Community market at prices avoiding disturbance Whereas the sale of cereals held by intervention agen­ of the market ; cies as a result of particular intervention measures must (b) or with a view to exporting them at prices to be avoid discrimination between Community buyers and determined case-by-case according to market the prices must not be such as to cause market disturb­ developments and requirements . ances ; whereas the tendering procedure enables the above objectives to be attained ; whereas , however, if this procedure is not followed or if cereals which have Where the invitation to tender concerns the putting been the subject of particular intervention measures are back on the market of the Community of cereals not held by the intervention agencies , the adoption , bought in by intervention agencies , it may be issued where the market situation so requires , of special con­ with a view to specific uses . ditions for putting the cereals back on the market or for disposing of them by other means should be 2 . If particular intervention measures take a form authorized ; other than that referred to in paragraph 1 , specific con­ ditions may be laid down for putting the cereals back on the market or for disposing of them by other means . Whereas the provisions of this Regulation replace those of Council Regulation ( EEC ) No 1146 / 76 of 17 May 3 . If particular circumstances so require , the Council , 1976 on particular and special intervention measures acting by a qualified majority on a proposal from the

(•) OJ No L281 , 1 . 11 . 1975 , p. 1 . ( :) See p. 29 of this Official Journal . (•') OJ No C 53 , 7 . 3 . 1986, p. 12 . (4) OJ No L 130, 19 . 5 . 1976, p. 9 .

24 . 5 . 86 Official Journal of the European Communities No L 139 / 39

Article 5 Commission , may establish selling procedures other then those laid down in paragraph 1 . Regulation ( EEC ) No 1 146/76 is hereby repealed .

Article 6 A rticle 4 This Regulation shall enter into force on the day of its publication in the Official Journal of the European When invitations to tender are issued under this Regu­ Communities . lation , the terms must ensure equality of access and treatment to all persons concerned irrespective of the place of their establishment within the Community . It shall apply from 1 July 1986 .

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

Done at Brussels , 23 May 1986 .

For the Council The President C. . BRAKS