****

( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) SEE PAGE 6 OF THIS OFFICIAL JOURNAL .

( 3 ) OJ NO L 94 , 28 . 4 . 1970 , P . 13 .

( 4 ) OJ NO L 295 , 30 . 12 . 1972 , P . 1 .

( 5 ) OJ NO L 249 , 17 . 11 . 1970 , P . 4 .

( 6 ) OJ NO L 66 , 12 . 3 . 1977 , P . 3 .

COUNCIL REGULATION ( EEC ) NO 1763/78

OF 25 JULY 1978

ON THE TRANSFER TO THE ITALIAN INTERVENTION AGENCY OF SKIMMED-MILK POWDER HELD BY THE INTERVENTION AGENCIES OF OTHER MEMBER STATES

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1761/78 ( 2 ), AND IN PARTICULAR ARTICLE 7 ( 4 ) THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 729/70 OF 21 APRIL 1970 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2788/72 ( 4 ), AND IN PARTICULAR ARTICLE 3 ( 2 ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS THERE ARE LARGE STOCKS OF SKIMMED-MILK POWDER ON THE COMMUNITY MARKET ; WHEREAS THESE STOCKS ARE MAINLY HELD BY MEMBER STATES OTHER THAN ITALY , WHICH POSSESSES NO SUCH STOCKS BECAUSE OF THE PARTICULAR NATURE OF ITS MILK PRODUCTION ;

WHEREAS , IN CONTRAST TO THE MEMBER STATES CONCERNED , WHICH ARE ENCOUNTERING DIFFICULTIES IN MARKETING THEIR SURPLUSES , ITALY IS EXPERIENCING SUPPLY DIFFICULTIES ; WHEREAS , MOREOVER , HAVING REGARD TO THE PRESENT ECONOMIC SITUATION IN ITALY , IT SEEMS ADVISABLE TO MAKE AVAILABLE TO THE ITALIAN INTERVENTION AGENCY PART OF THE STOCKS OF SKIMMED-MILK POWDER WHICH ARE HELD IN INTERVENTION IN OTHER MEMBER STATES ; WHEREAS THIS SKIMMED-MILK POWDER IS INTENDED FOR SALE ON THE ITALIAN MARKET FOR USE IN FEED FOR PIGS AND POULTRY IN ORDER TO HELP STABILIZE PRICES SOMEWHAT ;

WHEREAS PROVISIONS COVERING THE ACCOUNTING FOR THIS OPERATION SHOULD BE LAID DOWN IN ACCORDANCE WITH THE ARRANGEMENTS PROVIDED FOR IN COUNCIL REGULATION ( EEC ) NO 2306/70 OF 10 NOVEMBER 1970 ON THE FINANCING OF INTERVENTION EXPENDITURE IN RESPECT OF THE DOMESTIC MARKET IN MILK AND MILK PRODUCTS ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 496/77 ( 6 ),

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . A QUANTITY OF 100 000 TONNES OF SKIMMED-MILK POWDER HELD BY THE INTERVENTION AGENCIES OF THE OTHER MEMBER STATES SHALL BE MADE AVAILABLE TO THE ITALIAN INTERVENTION AGENCY .

2 . THE ITALIAN INTERVENTION AGENCY SHALL TAKE OVER THE SKIMMED-MILK POWDER BEFORE 1 JANUARY 1980 AND SHALL SELL IT FOR USE IN ITALY IN FEED FOR PIGS AND POULTRY .

3 . THE ARRANGEMENTS FOR THE APPLICATION OF THIS ARTICLE SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 30 OF REGULATION ( EEC ) NO 804/68 . THESE ARRANGEMENTS SHALL DETERMINE INTER ALIA WHICH INTERVENTION AGENCIES SHALL MAKE THE SKIMMED-MILK POWDER AVAILABLE AND WHAT PROVISION SHALL BE MADE FOR TRANSPORT .

ARTICLE 2

1 . THE INTERVENTION AGENCIES HOLDING THE PRODUCTS REFERRED TO IN ARTICLE 1 SHALL ENTER THE QUANTITIES OF SKIMMED-MILK POWDER TRANSFERRED AS A ZERO DEBIT IN THE ACCOUNT REFERRED TO IN ARTICLE 3 ( 2 ) ( B ) OF REGULATION ( EEC ) NO 2306/70 .

2 . THE ITALIAN INTERVENTION AGENCY SHALL ENTER THE QUANTITIES OF SKIMMED-MILK POWDER OF WHICH IT HAS TAKEN DELIVERY AS A ZERO CREDIT IN THE ACCOUNT REFERRED TO IN ARTICLE 3 ( 2 ) ( B ) OF REGULATION ( EEC ) NO 2306/70 .

3 . THE COSTS OF TRANSPORTING THE QUANTITIES OF SKIMMED-MILK POWDER REFERRED TO IN ARTICLE 1 SHALL BE ENTERED IN THE ACCOUNT REFERRED TO IN ARTICLE 3 ( 2 ) ( B ) OF REGULATION ( EEC ) NO 2306/70 .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD 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 , 25 JULY 1978 .

FOR THE COUNCIL

THE PRESIDENT

J . ERTL