CELEX: 31974R2978
Language: en
Date: 1974-11-26 00:00:00
Title: Regulation (EEC) No 2978/74 of the Commission of 26 November 1974 laying down conditions for the sale for export of skimmed-milk powder held by intervention agencies and concerning the adjustment of refunds fixed in advance for skimmed-milk powder not coming from intervention stocks

27 . 11 . 74                              Official Journal of the European Communities                          No L 317/ 17
                               REGULATION (EEC) No 2978/74 OF THE COMMISSION
                                                       of 26 November 1974
                laying down conditions for the sale for export of skimmed-milk powder held by
                intervention agencies and concerning the adjustment of refunds fixed in
                    advance for skimmed-milk powder not coming from intervention stocks
 THE COMMISSION OF THE EUROPEAN                                      such an adjustment, it is appropriate to make provi­
 COMMUNITIES,                                                        sion for the latter ;
 Having regard to the Treaty establishing the European               Whereas the Management Committee for Milk and
 Economic Community ;
                                                                     Milk Products has not delivered on opinion within the
 Having regard to Council Regulation (EEC) No                        time limit set by its Chairman,
 804/68 (') of 27 June 1968 on the common organiza­
 tion of the market in milk and milk products, as last
 amended by Regulation (EEC) No 662/74 (2), and in
                                                                     HAS ADOPTED THIS REGULATION :
 particular Article 7 (5), the first subparagraph of
 Article 17 (4) and Article 28 thereof ;
 Whereas large quantities of skimmed-milk powder are                                           Article 1
 currently held in public storage in the Community ;
 whereas steps should be taken to sell these stocks                   1 . The intervention agencies shall offer for sale, on
where outlets for the product exist ;                                the terms set out below, skimmed-milk powder
                                                                     bought in under Article 7 of Regulation (EEC) No
Whereas Commission Regulation (EEC) No
                                                                     804/68 and placed in storage after 31 March 1974 but
 2609/74 (3) of 14 October 1974 on the sale for export
                                                                     before 1 September 1974.
 of skimmed-milk powder held by intervention agen­
 cies authorized Community exporters to obtain
                                                                     2.     Provided that the total quantity of skimmed­
 supplies of skimmed-milk powder from intervention
                                                                     milk powder as specified in Article 1 sold by any one
 agencies during the month of October 1974 for export
                                                                     intervention agency shall not exceed 50 % of the
 in performance of long-term contracts ; whereas, since
 the situation on the world market is more or less                   quantity held by that agency at the date of entry into
                                                                     force of this Regulation .
unchanged, that measure should be extended ;
Whereas experience has shown that some provisions                    3.     Contracts of sale must be concluded not later
of the abovementioned Regulation should be                           than 31 December 1974 .
amended, particularly as regards the selling price, the
 final dates for payments and for taking delivery and
the advance fixing of the refund ;                                                             Article 2
Whereas this Regulation gives exporters who purchase                  1.    The skimmed-milk powder shall be sold :
from intervention agencies a certain measure of price
guarantee which may extend beyond the date on                        (a) ex-storage depot at a price equal to the buying-in
which any amendment of the intervention price is                          price applied by the relevant intervention agency
effected ; whereas means should accordingly be sought                     at the time when the contract is concluded, plus
whereby exporters of skimmed-milk powder who                              1-5 u.a./ lOO kg ;
purchase on the open market may benefit from a
similar guarantee ; whereas subparagraph (a) of the                  (b) in lots of 5 000 metric tons or more ;
second subparagraph of Article 5 (3) of Council Regu­                (c) to purchasers who :
lation (EEC) No 876/68 (4) of 28 June 1968 laying
down general rules for granting export refunds on                        — can produce evidence of a contract concluded
milk and milk products and criteria for fixing the                            on or after 7 October 1974 under which they
amount of such refunds, as last amended by Regula­                            have undertaken to deliver over a period
tion (EEC) No 2429 /72 (5), provides that refunds fixed                       exceeding five months to a third country indi­
in advance may be adjusted if intervention prices are                         cated in the contract a quantity of not less
                                                                              than    5 000  metric   tons  of  skimmed-milk
altered ; whereas having regard to the present market
situation , which already indicates the possibility of                        powder ;
                                                                         — can produce evidence that they have lodged an
(')  OJ No   L 148 , 28 . 6 . 1968 , p. 13 .                                  application for advance fixing of the refund
(2 ) OJ No   L 85, 29 . 3 . 1974, p. 51 .                                     and for an export licence valid for eight
(3 ) OJ No   L 278 , 15 . 10 . 1974, p. 7 .
(4 ) OJ No   L 155 , 3 . 7 . 1968 , p. 1 .                                    months, applicable to the country of destina­
(5)  OJ No   L 264, 23 . 11 . 1972, p. 1 .                                    tion specified in the contract referred to in the
 ---pagebreak--- No L 317/ 18                      Official Journal of the European Communities                             27. 11 . 74
         first indent and relating to the quantity of       (a) shall pay the intervention agency for the quantity
         skimmed-milk powder to be purchased ;                     in question ;
     — give an undertaking that they will, under the        (b) shall pay any storage costs due under paragraph 2.
         abovementioned export licence and in perfor­
         mance of the contract referred to in the first     4. When the conditions set out in paragraph 3 have
         indent, export the quantity of skimmed-milk        been satisfied, the intervention agency shall issue a
          powder purchased ;                                 removal order indicating :
(d) in packaging marked in letters at least 2 cm high       (a) the quantity in respect of which those conditions
     with one or more of the following endorsements :              have been satisfied ;
     — 'Skimmed-milk powder for export under Regu­           (b) the storage depot or depots where the quantity in
          lation (EEC) No 2978/74',                                question is stored ;
     — 'Lait ecreme en poudre destine a l'exportation
          conformement    au    reglement    (CEE)    n°     (c) the final dates pursuant to paragraphs 1 and 6 for
          2978/74',                                                taking delivery of the skimmed-milk powder ;
     — 'Magermilchpulver fur die Ausfuhr gemaft der          (d) where appropriate, the date up to which any
         Verordnung (EWG) Nr. 2978/74',                            storage costs due under paragraph 2 have been
     — 'Latte scremato in polvere destinato all'exporta­           paid in respect of the quantity in question .
          zione conformemente al regolamento (CEE) n .
          2978/74',                                          5. If at the time of taking delivery the skimmed­
                                                             milk powder purchased has been in store for more
     — 'Magere-melkpoeder bestemd voor uitvoer,              than six months, the intervention agency may, if the
          volgens Verordening (EEG) nr. 2978/74',            purchaser so requests, substitute for the quantity
     — 'Skummetmaelkspulver bestemt for eksport i            outstanding an equivalent quantity which has been in
          overensstemmelse med forordning (E0F) nr.          store for less than six months .
          2978 /74'.
                                                             6. Except in cases of force majeure, if the buyer
2. The sale by the intervention agency of the skim­          fails to take over the skimmed-milk powder within
med-milk powder shall be subject to the provision by         eight months reckoned from the end of the month in
the purchaser, on or before conclusion of the contract       which      the contract    of sale  with the intervention
of sale, of security in an amount of 10 u.a./ lOO kg.        agency was concluded, the contract shall be termi­
Such security shall take the form, as the Member State        nated in respect of the quantities outstanding.
chooses, either of a cheque made out in favour of the
intervention agency or of a guarantee satisfying the         7. In cases of force majeure, the intervention
 requirements laid down by the Member State                   agency shall take such action as it considers necessary
concerned .                                                   in the light of the circumstances invoked.
                                                             Where an intervention agency accepts a case of force
                        Article 3                             majeure as such, the Member State concerned shall
 1 . The purchaser shall take over the skimmed-milk           immediately so notify the Commission , which shall
                                                              inform the other Member States .
 powder within the following time limits, reckoned
 from the end of the month in which the contract of
 sale is concluded :                                                                    Article 4
 (a) three months, as regards half the quantity               1 . From the time of its removal from store until it
      purchased ;                                             leaves the geographical territory of the Community
 (b) six months, as regards the remainder.                    the skimmed-milk powder shall be placed under
                                                              customs control or under an administrative control
 The purchaser may take delivery of each half in instal­      offering equivalent safeguards.
 ments, provided that the above time limits are
 complied with .                                              2. Customs export formalities shall be completed in
                                                              the Member State of sale .
 2.     Except in cases of force majeure, if the buyer
 fails to take delivery of the skimmed-milk powder
 within the periods specified in paragraph 1 he shall                                   Article 5
 pay the storage costs incurred in respect of the
 outstanding quantities by the intervention agency             1 . The security provided for in Article 2 (2) shall be
 from the day on which the contract of sale was               forfeit in respect of any quantities in respect of which
 concluded until the day on which delivery is taken .         the contract of sale is terminated pursuant to Article 3
 Such costs shall be calculated at a flat rate of 0-029       (6).
 u.a./ lOO kg per day of storage.
                                                              Moreover, except in case of force majeure, the security
 3.     Before taking delivery of any quantity, the           shall be released only in respect of those quantities in
 purchaser :                                                  respect of which the purchaser furnishes proof of
 ---pagebreak--- 27 . 11 . 74                         Official Journal of the European Communities                        No L 317/ 19
exportation in accordance with the third indent of                                        Article 6
Article 2 ( 1 ) (c).
                                                                If the intervention price for skimmed-milk powder is
2. This proof shall be furnished as follows :                  altered for the 1975/76 milk year, refunds fixed in
                                                               advance prior to 1 January 1975 for a period
(a) where the product leaves the geographical territory
                                                               exceeding 60 days in respect of products falling
    of the Community from the territory of the
    Member State of sale, by production of a customs
                                                               within subheading 04.02 A II b) 1 of the Common
                                                               Customs Tariff shall be adjusted accordingly. Provided
    document certifying such departure and specifying          that a refund is fixed in advance under the second
    that the product was exported under this Regula­
    tion , or
                                                               indent of Article 2 ( 1 ) (c) or for exportations under
                                                               Regulation (EEC) No 2609/74 it shall not be subject
     where the product leaves the geographical territory       to any adjustment within the meaning of Article 5 (3)
     of the Community from the territory of a Member           of Regulation (EEC) No 876/68 .
     State other than the Member State of sale, by
     production of the control copy provided for in                                       Article 7
     Article 1 of Regulation (EEC) No 2315/69 .
                                                               The Member States shall inform the Commission
     Sections 101 , 103 and 104 of the control copy            forthwith of the quantities of skimmed-milk powder
     shall be completed. Section 104 shall be                  in respect of which contracts of sale have been
     completed by deleting as necessary and entering           concluded by the intervention agency under this Regu­
     against the second indent one of the endorsements         lation, indicating for each quantity the country of
     specified in Article 2 ( 1 ) (d) of this Regulation ;     destination and the delivery period prescribed by the
     and                                                       contract as referred to in the first indent of Article 2
                            %
     the provisions of Article 5 (3) of Regulation No          ( 1 ) (c).
     1041 /67/ EEC shall apply mutatis mutandis ;
                                                                                          Article 8
(b) by production of documents as referred to in
    Article 8 ( 1 ) of Regulation No 1041 /67/ EEC esta­       This Regulation shall enter into force on the day
    blishing that the quantities concerned have in fact        following its publication in the Official Journal of
    been imported into the third country in question .          the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 26 November 1974 .
                                                                           For the Commission
                                                                               The President
                                                                          Francois-Xavier ORTOLI