Commission Regulation (EEC) No 1805/77

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THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community,Having regard to Council Regulation (EEC) No 1055/77 of 17 May 1977 on the storage and movement of products bought in by an intervention agency^note, and in particular Article 4 (6) thereof,

Whereas Commission Regulation (EEC) No 1722/77 of 28 July 1977^note laid down common rules for the application of Regulation (EEC) No 1055/77 on the storage and movement of products bought in by an intervention agency; whereas special rules for the application of Regulation (EEC) No 1055/77 should be adopted in respect of the beef and veal sector;

Whereas Article 3 (2) of Regulation (EEC) No 1055/77 lays down that products which are held by an intervention agency outside the territory of the Member State within whose jurisdiction it falls and which are not brought back into that Member State are to be disposed of at the prices and subject to the conditions laid down or to be laid down for the place of storage; whereas, where the place of storage is situated on the territory of another Member State, it is necessary to take into account, when calculating the selling price in the case of a sale at a price fixed in advance and when fixing the minimum price in the case of a sale by tender, any monetary or accession compensatory amounts levied or granted in respect of trade in an identical product between the Member States in question;

Whereas, where the place of storage is situated outside the Community, account should be taken of any refund granted;

Whereas it is necessary to waive certain provisions of Article 9 (3) of Commission Regulation (EEC) No 193/75 of 17 January 1975 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products^note, as last amended by Regulation (EEC) No 1470/77^note;

Whereas, for purposes of the provision of proof that the products stored in a non-member country have been placed in free circulation, the provisions of Article 11 of Commission Regulation (EEC) No 192/75 of 17 January 1975 laying down detailed rules for the application of export refunds in respect of agricultural products^note, as last amended by Regulation (EEC) No 1633/77^note, should be applied;

Whereas, to simplify administration, provision should be made for the selling price of the products held by an intervention agency and stored outside the territory of the Member State within whose jurisdiction that agency falls to be paid in the currency of that Member State;

Whereas, with a view to harmonization, all products stored outside the territory of the Member State within whose jurisdiction the intervention agency which holds those products falls should be subject to the provisions of this Regulation;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Commission Regulation (EEC) No 1805/77

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