CELEX: 31978R1441
Language: en
Date: 1978-06-26 00:00:00
Title: Council Regulation (EEC) No 1441/78 of 26 June 1978 laying down general rules for the supply of milk fats to India under the 1978 food-aid programme

29 . 6 . 78                               Official Journal of the European Communities                            No L 173 / 7
                                         COUNCIL REGULATION ( EEC) No 1441 /78
                                                           of 26 June 1978
               laying down general rules for the supply of milk fats to India under the 1978
                                                        food-aid programme
THE COUNCIL OF THE EUROPEAN                                           that aim , provision should be made for a tendering
 COMMUNITIES,                                                         procedure ; whereas, however, in the interests of speed
                                                                      it may be desirable in exceptional cases to use private
 Having regard to the Treaty establishing the European               contracts ;
 Economic Community, and in particular Article 43
 thereof,
                                                                     Whereas it is desirable that the rules for imple­
 Having regard to Council Regulation ( EEC) No                        menting the measures laid down for buying-in butter
 804/68 of 27 June 1968 on the common organization                    or butteroil on the market should be adopted in accor­
 of the market in milk and milk products ('), as last                 dance with the procedure laid down in Article 30 of
 amended by Regulation ( EEC) No 1 038 /78 (2 ), and in               Regulation ( EEC) No 804/ 68 , as in the case of the
 particular Article 6 (6) thereof,                                    rules to be applied where public stocks are used ,
 Having regard to the proposal from the Commission ,
 Having regard to the opinion of the European Parlia­                 HAS ADOPTED THIS REGULATION :
 ment (3),
 Whereas India has indicated its requirements in milk
 fats ; whereas these fats may be supplied in the form                                        Article 1
 of butter or butteroil produced within the Community
 and meeting certain quality standards ;                             An additional quantity of butter or butteroil corres­
                                                                      ponding to 9 200 tonnes of butteroil shall be made
 Whereas an overall quantity of butter or butteroil                  available    to    India   under    the   1978    food-aid
 corresponding to 12 700 tonnes of butteroil should be
                                                                      programme .
granted to India under the 1978 food-aid programme ;
whereas, under the same programme, Regulation
 ( EEC) No 831 /78 (■*), has already provided for a first                                     Article 2
 supply of 3 500 tonnes of butteroil to India ;
 Whereas the amounts available at present in the                      1.    The   butter referred  to  in  Article  1 shall  be
 Community enable an additional quantity of butter or                 purchased in accordance with Article 6 ( 1 ) of Regula­
 butteroil corresponding to 9 200 tonnes of butteroil to             tion (EEC) No 804/68 . The butteroil referred to in
be supplied as food aid ; whereas the apportionment                  Article 1 shall be processed from this butter.
of supplies between public and private stocks will vary
depending on market trends and seasonal require­                     2.     If the market situation is such that delivery as
 ments ;                                                              provided in Article 1 cannot be carried out in accor­
                                                                     dance with paragraph 1 , then the supply shall be
 Whereas in view of the situation on the Community                   ensured by the buying-in of butter or butter fats avail­
 market in butter and other butter fats as well as the
                                                                     able on the Community market . Buying-in shall be
 need to make certain emergency deliveries and ensure                done in such a way as not to disturb the normal deve­
 regular supplies under the most favourable economic                  lopment of prices on the market .
 conditions provision should be made for these
 supplies to be made either by taking butter or other
 butter fats from stocks held by intervention agencies                                        Article 3
 or by buying-in butter or butteroil on the Community
 market ;
                                                                      For the purposes of Article 1 the cost of the butter or
 Whereas, in order to enable the aid to be used effec­               butteroil , delivered to the port of unloading shall be
 tively, arrangements should be made to finance                       financed by the Community.
 certain transport costs ;
Whereas the supplies must be delivered at the                                                 Article 4
cheapest possible price ; whereas in order to achieve
                                                                      Invitations to tender shall be issued for delivery of the
(')  OJ   No L 148 , 28 . 6 . 1968 , p. 13 .
(')  OJ   No L 134, 22. 5 . 1978 , p . 4.                            product, including packing, labelling and forwarding
(-') OJ   No C 36, 13 . 2 . 1978 , p. 53 .                           to the port of unloading, save in exceptional cases
(■») OJ   No L 115, 27. 4. 1978, p. 8 .                              where private contracts may be negotiated .
 ---pagebreak--- No L 173 / 8                      Official Journal of the European Communities                            29 . 6 . 78
                        Article 5                                                   Article 6
The sums to be paid to the undertaking selected shall       The decision to apply Article 2 (2) shall be taken and
be due only if :                                             the resulting procedure for implementing that para­
(a) the undertaking satisfies the conditions laid down      graph and Article 4 shall be adopted in accordance
    in the invitation to tender or the private contract ;    with the procedure laid down in Article 30 of Regula­
    and                                                      tion ( EEC) No 804/ 68 .
(b) the quality and packing of the delivered product
    are found on inspection to comply with the rele­                                Article 7
    vant Community provisions.
                                                             This Regulation shall enter into force on the third day
Provision may be made for part of such sums to be            following its publication in the Official Journal of
paid in advance .                                            the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Luxembourg, 26 June 1978 .
                                                                         For the Council
                                                                          The President
                                                                         K. B. ANDERSEN