ext/celex/31986R1581
No L 139 / 36 Official Journal of the European Communities 24 . 5 . 86
COUNCIL REGULATION ( EEC) No 1581 /86 of 23 May 1986 laying down general rules for intervention on the market in cereals
THE COUNCIL OF THE EUROPEAN COMMUNITIES , Community over the marketing year ; whereas , to this end , provisions should be made for conditions of resale Having regard to the Treaty establishing the European allowing for speedy , effective adjustment to these trends ; Economic Community ,
Having regard to Council Regulation ( EEC ) No Whereas cereals held by intervention agencies should 2727 / 75 of 29 October 1975 on the common organ be offered for sale without discriminating between buy ization of the market in cereals ('), as last amended by ers established in the Community and at prices avoid Regulation ( EEC ) No 1 579/ 86 (2 ), and in particular ing disturbances of the market ; whereas normally the Article 7 (4) thereof, system of invitations to tender enables this objective to be attained ; whereas , however, in special circumstances other selling procedures must be permitted ; Having regard to the proposal from the Commission ( 3 ), Whereas the provisions of this Regulation replace those of Regulation ( EEC ) No 2738 / 75 ; whereas that Regu Whereas Council Regulation ( EEC ) No 2738 /75 of lation should accordingly be repealed , 29 October 1975 laying down general rules for interven tion on the market in cereals (4) was adopted at a time when intervention prices were fixed at levels varying according to intervention centres ; whereas that regional HAS ADOPTED THIS REGULATION : price-fixing system has subsequently been replaced by a single intervention price system ; whereas the provi sions should accordingly be adapted to this new Article I situation ; 1 . On receipt of an offer, in compliance with Article 7 Whereas , where goods offered for intervention must be of Regulation ( EEC ) No 2727 / 75 , intervention agen transported to the warehouse designated by the inter cies shall decide on the place where the cereals are to vention agency , the offerer bears the costs of transport be taken over . and of removal from his warehouse in accordance with the purposes of the intervention price , which is fixed 2 . Transport costs from the place where the goods are for goods delivered at warehouse , before unloading ; stored when the offer is made to the intervention centre whereas , to be fair, where the goods are taken over in to which they can be transported at least expense shall the offerer's warehouse, the transport and removal be borne by the offerer . costs should be deducted from the intervention price since they have not in fact been borne by him ; 3 . Should the intervention agency take over the goods at a place other than the intervention centre to which Whereas , under the present arrangements , the interven they may be transported at least expense , it shall deter tion agency is required actually to take over the goods mine and bear the additional transport costs . In this offered to it in the warehouses available for this pur case the transport costs referred to in paragraph 2 shall pose ; whereas this requirement may in certain cases be determined by the intervention agency . result in the intervention agency securing storage facili ties available at a great distance from the place where the goods are located at the time the offer is made , thereby incurring substantial transport costs ; whereas Article 2 provision should accordingly be made for the interven tion agency to be able to demand storage in the ware house of the seller ; 1 . If the intervention agency, in agreement with the offerer, stores the goods at the place at which they are located at the time the offer is made , the costs referred Whereas intervention stocks should be managed in the to in the second sentence of Article 1 ( 3 ) and the costs light of developments of the market in cereals in the of removal from the warehouse, the latter being assessed on the basis of the rates actually recorded in the Member State concerned , shall be deducted from the intervention price . (') OJ NoL281 , 1 . 11 . 1975 , p. 1 . ( 2 ) See page 29 of this Official Journal . 0 OJ No C 53 , 7 . 3 . 1986 , p. 11 . 2 . In conditions to be determined in accordance with (4 ) OJ No L 281 , 1 . 1 1 . 1975 , p. 49 . the procedure laid down in Article 26 of Regulation
Official Journal of the European Communities 24 . 5 . 86 No L 139 / 37
A rticle 4 ( EEC ) No 2727 / 75 , intervention agencies shall be authorized to require the goods taken over to be stored in the warehouse in which they are located , at the time The Council , acting by a qualified majority on a propo the offer is made . The price paid to the offerer shall be sal from the Commission , may establish a selling pro determined in accordance with paragraph 1 . cedure other than that laid down in Article 3 , if special circumstances so require .
Article 3
1 . Cereals held by the intervention agency shall be A rticle 5 sold by tender : ( a ) with a view to their being put back on the market, 1 . Regulation ( EEC ) No 2738 / 75 is hereby repealed . at prices enabling disturbance of the market to be avoided ; 2 . References to the repealed Regulation shall be ( b ) with a view to export, at prices to be determined construed as references to this Regulation . case by case according to market developments and requirements .
2 . The terms of the invitation to tender shall ensure A rticle 6 equality of access and treatment to all persons con cerned irrespective of the place of their establishment This Regualtion shall enter into force on the day of its within the Community . publication in the Official Journal of the European Communities. 3 . If the tenders submitted do not appear to corre spond to the real scope for sale on the market, the ten dering procedure shall not be continued . 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 G. BRAKS