Commission Regulation (EEC) No 3061/91 of 18 October 1991 on the take-over by the intervention agencies of certain agricultural products intended for the people of the Soviet Union

• CELEX: Regulation (EEC) No 3061/91
• Articles: 7

Article 1

Where products to be supplied under invitations to tender opened pursuant to Regulation (EEC) No 598/91 have not been taken over by the bodies designated by the Commission for their carriage to and distribution at the destination by the deadline for making them available, the intervention agencies in the Member States in which the products are stored shall ensure that the products are taken over under the terms laid down herein from the day following that deadline.

Article 2

The intervention agencies shall conclude storage contracts with the undertakings awarded contracts for the manufacture and packaging of the products who agree to keep the latter in storage until the date of actual take-over by the bodies responsible for transport or, where appropriate, until a decision is taken by the intervention agency after consulting the Commission to release those undertakings from their obligation to store the products. Those contracts shall stipulate that the products are to be kept under suitable storage conditions against payment of a daily allowance of ECU 0,27 per tonne per day. That amount shall be converted into national currency using the rate applicable on 16 October 1991 and published in the 'C' series of the Official Journal of the European Communities.

Such contracts shall entail an obligation to lodge a security in accordance with Commission Regulation (EEC) No 2220/85 (7), equal to the supply security provided for in the invitation to tender. The primary requirement within the meaning of Article 20 of the abovementioned Regulation shall be storage of the product under suitable conditions until the end of the storage period as determined in Article 2.

Article 3

Where the undertakings awarded contracts are unable to provide storage under the conditions laid down in Article 2, the intervention agencies shall take all measures necessary to take over the products themselves and store them until they are removed by the bodies responsible for carriage or, where applicable, until a decision is taken by the Commission regarding their disposal.

The costs arising from this operation shall be covered by standard allowances fixed pursuant to Article 6 (3) of Council Regulation (EEC) No 1883/78 of 2 August 1978 laying down general rules for the financing of interventions by the European Agricultural Guidance and Guarantee Fund, Guarantee Section (8).

Article 4

Expenditure arising from such operations shall be entered in the accounts each month by the intervention agencies of the Member States and shall be shown in the accounts as expenditure on emergency aid to the Soviet Union.

Article 5

The following paragraph is hereby added to Article 12a of Regulation (EEC) No 1582/91:

'7. The successful tenderers shall qualify on application for the daily allowance provided for in Article 2 of Commission Regulation (EEC) No 3061/91 (*), from 23 October 1991 until the date of take-over by the body designated by the Commission if such take-over does not take place beforehand.

(*) OJ No L 289, 19. 10. 1991, p. 25.'

Article 6

Regulation (EEC) No 2946/91 is hereby repealed.

Article 7

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 October 1991. For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 67, 14. 3. 1991, p. 19. (2) OJ No L 164, 24. 6. 1985, p. 1. (3) OJ No L 201, 31. 7. 1990, p. 9. (4) OJ No L 280, 8. 10. 1991, p. 24. (5) OJ No L 147, 12. 6. 1991, p. 20. (6) OJ No L 239, 28. 8. 1991, p. 5. (7) OJ No L 205, 3. 8. 1985, p. 5. (8) OJ No L 216, 5. 8. 1978, p. 1.