31. 1. 90 - Official Journal of the European Communities No L 27/11- COMMISSION REGULATION (EEC) No 244/90 of 30 January 1990 on the transport and sale of fodder grain held by the French intervention agency for disposal to recognized -drought-stricken stockfarmers established in certain regions of France THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, 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) No 201/90 (%), and in particular Article 7 (5) thereof, Having regard to Council Regulation (EEC) No 3247/81 of 9 November 1981 on the. financing by the European Agricultural Guidance and Guarantee Fund, Guarantee Section, of certain intervention measures, particularly those involving the buying-in, storage and sale of agricul- tural products by intervention agencies (%), as last amended by Regulation (EEC) No 3757/89 (%), and in particular Atticle § (1) thereof, Whereas Article 3 of Council Regulation (EEC) No 2738/75 of 29 October 1975 laying down general rules for intervention on the market in cereals () provides that cereals held by the intervention agency are to be disposed of by invitation to tender; Whereas Commission- Regulation (EEC) No 1836/82 (9), as last amended by Regulation (EEC) No 2418/87 (), lays down the procedure and the conditions for the disposal of cereals held by intervention agencies ; Whereas, as a result of the drought during the summer months of 1989, certain regions of France are suffering from a severe shortage of fodder and fodder grain; whereas this situation is a threat to stockfarmers, who, being unable to obtain fodder at a reasonable price, may be forced to sell their livestock prematurely ; whereas appropriate action should be taken in order to avoid such negative consequences ; Whereas France has large intervention stocks, part of which are stored in the affected regions and part in other regions ; whereas France has notified the reasons necessi- tating the transport to the affected regions of quantities of fodder grain taken over- by its intervention agency; () OJ No L 281, 1. 11. 1975, p. 1. () OJ No L 22, 27. 1. 1990, p. 7. () OJ No L 327, 14. 11. 1981, p. 1. 9 OJ No L 365, 15. 12. 1989, p. 11. () OF No L 281, 1. 11. 1975, p. 49. () OJ No L 202, 9. 7. 1982, p. 23. () OJ No L 223, 11. 8. 1987, p. 5. whereas these reasons justify the approval of such trans- port at the lowest cost; Whereas stockfarming has been particularly: affected by the drought ; whereas the use of the cereals should. there- fore be limited to drought-stricken stockfarmers estab- lished in those regions; whereas all necessary measures must be taken by the Member State to monitor such use and in particular the effect on the final consumer of the benefits conferred by this measure ; Whereas a security must be put up to guarantee the performance -of . the operation ; Whereas the provision of fodder grain is insufficient to resolve the existing difficulties facing stockfarmers; whereas, in view of the special circumstances, deferred payment for cereals purchased should be permitted ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION : Article 1 1. The transport by the French intervention agency within French territory of 400 000 tonnes of fodder grain held- by it in storage is hereby approved in accordance . with: Asticle 5 (1) of Regulation (EEC) No 3247/81. 2. The French intervention agency shall select the storage premises of departure and destination in such a way as to minimize transport costs. A list of such premises shall be notified forthwith to the Commission. 3. The costs of transporting the product in question shall be determined by the French: intervention agency by an invitation to tender. The costs shall comprise : " (a) transport (not including loading) from the place of storage of departure to the place of storage of destina- ‘tion (not including unloading); (b) the costs of insuring goods at the buying-in price applicable on.the last day on which tenders may be submitted, plus 5 %. 4. The intervention to tender may involve one or more - lots. 5. The French intervention agency shall lay down the terms and conditions governing the invitation to tender in accordance with this Article.