7. 2. 87 Official Journal of the European Communities No L 36/23 COMMISSION REGULATION (EEC) No 387/87 of 5 February 1987 on the making available of sugar held by the Italian intervention agency to charitable organizations within the framework of an emergency aid measure in favour of the persons most in need, suffering from the cold wave THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector ('), as last amended by Regula- tion (EEC) No 229/87 (3, and in particular Article 8 (5), Article 11 (3) and the second subparagraph of Article 39 thereof, . Having regard to Council Regulation (EEC) No 469/86 of 25 February 1986 laying down general rules for the system of accession compensatory amounts in the sugar sector (%), and in particular Article 7 (1) thereof, Whereas Article 11 (1) (a) of Regulation (EEC) No 1785/81 provides that it may be decided that intervention agencies shall make sugar held by them available free of charge to recognized charitable organizations involved in the mounting of specific emergency aid operations, for free distribution for human consumption on the internal market of the Community ; Whereas the particularly severe weather conditions of the 1986/87 winter in the Community have serious conse- quences for the persons most in need suffering from the cold wave; whereas this situation requires the rapid implementation of such operations; whereas the Commuity resources available in the sector should be used as a matter of urgency in order to come to their assistance through recognized charitable organizations ; Whereas for this purpose only the Italian intervention agency holds sugar in stock and this sugar should be made available free of charge to the organizations at their request up to the limit of the quantity in stock and the needs of each Member State; Whereas the costs of the operation, that is to say the appropriate costs of conditioning, packing, transportation and distribution in the Community, should be chargeable to the Community on a flat rate basis in accordance with 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 agricultural products by () OJ No L 177, 1. 7. 1981, p. 4. () OJ No L 25, 28. 1. 1987, p. 1. () O] No L 53 1. 3. 1986, p. 32. intervention agencies (¥), as last amended by Regulation (EEC) No 2632/85(%); Whereas the nature of the operation to make available the sugar in question is not a transaction requiring the prices of the sugar to be at the same level and it is not therefore necessary to apply the accession compensatory amounts applicable to trade with Spain and Portugal ; Whereas the operation is not a resale within the meaning of Article 12 (4) of Commission Regulation (EEC) No 1998/78 (%), as last amended by Regulation (EEC) No 89/87 (), and provision should be made that the relevant storage levy should not be payable on the quantities in question and that it should not be taken into account in the calculation referred to in Article 6 of Council Regula- tion (EEC) No 1358/77 (%), as last amended by Regulation (EEC) No 3042/78 (); Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, HAS ADOPTED THIS REGULATION : Article 1 1. The Italian intervention agency shall make sugar available free of charge to charitable organizations which have been recognized as such by the Member State on the territory of which they are established and which have been notified to the Commission. The total quantity to be made available for the Community shall be 7986,7 tonnes apportioned between the Member States as shown in Annex I. The sugar shall be distributed free of charge to the persons most in need suffering from the cold wave in the Community. It shall be made available upon appli- cation by those organizations to be made to the address indicated in Annex II before 1 March 1987. 2. The relevant sugar shall be white chrystallized sugar, in bulk, of he standard quality which, on application by the organizations in question, may be made available to them free of charge in 1 or 2 kilogram packets or boxes or in 50 kilogram kraft paper sacks of 2 or 3 plies. () OJ No L 327, 14. 11. 1981, p. 1. () OJ No L 251, 20. 9. 1985, p. 1. (9 OJ No L 231, 23. 8. 1978, p. 5. () OJ No L 13, 15. 1. 1987, p. 10. () O] No L 156, 25. 6. 1977, p. 4. () OJ No L 365, 23. 12. 1978, p. 8.