CELEX: 31977R1402
Language: en
Date: 1977-06-28 00:00:00
Title: Commission Regulation (EEC) No 1402/77 of 28 June 1977 amending Regulation (EEC) No 1089/77 on detailed rules of application for granting special aid for skimmed milk for use as feed for animals other than young calves

No L 158 /38                             Official Journal of the European Communities                             29 . 6 . 77
                                     COMMISSION REGULATION ( EEC) No 1402/77
                                                           of 28 June 1977
               amending Regulation ( EEC) No 1089/77 on detailed rules of application for
               granting special aid for skimmed milk for use as feed for animals other than
                                                            young calves
 THE COMMISSION OF THE EUROPEAN                                      HAS ADOPTED THIS REGULATION :
 COMMUNITIES,
  Having regard to the Treaty establishing the European
 Economic Community,                                                                          Article 1
 Having regard to Council Regulation (EEC) No
 804/68 of 27 June 1968 on the common organization                   Article 4 ( 1 ) of Regulation (EEC) No 1089/77 is
 of the market in milk and milk products ('), as last                hereby amended to read as follows :
 amended by Regulation (EEC) No 559/76 (2), and in
 particular Article 10(3) thereof,                                       ' 1 . The supply contract shall be concluded only
                                                                         with a farmer managing a farm within the
 Whereas the granting of the special aid provided for                    meaning of Article 2 ( 1 ) (a) or (b). The farm to
                                                                         which the skimmed milk is delivered shall be in
 in Commission Regulation (EEC) No 1089/77 of 25
 May 1 977 (3) is subject to the conclusion of a supply                  the territory of the same Member State as the dairy
                                                                         concerned .
 contract between the dairy and the farmer which
 meets the conditions laid down in Article 4 of the
 said Regulation ; whereas the application of the                        Where one farm is involved, the contract may
 measure has shown the need to adjust some of these                      only be concluded with a single dairy. Member
 conditions ;                                                            States, however, may derogate from this provision
                                                                         in respect of specialized farms provided that they
Whereas in order to ensure efficient control it should
                                                                         lay down additional conditions to ensure efficient
 be specified that in principle a supply contract                        control .
 involving one farm can only be concluded with a
 single dairy and that the contract cannot be carried
 out until it has been deposited with the competent                     The contract shall be concluded for a minimum of
 authority ; whereas Member States should be allowed                     three months and for a period which does not go
 to lay down , supplementary terms relating to the dates                 beyond 31 December 1980.
 on which performance of the contracts should begin ,
 in line with their respective administrative require­                   A contract may not start to be carried out until
 ments ;
                              \                   >                      after the date on which it is deposited for registra­
                                                                         tion as provided for in paragraph 5, under condi­
Whereas in order to avoid control difficulties it should
                                                                         tions to be determined by the Member State
be specified that the farm using the skimmed milk                       concerned .
and the dairy supplying it should be situated in the
 territory of the same Member State ; whereas this
 limitation does not exclude the possibility that the                    However, in the case of a supply contract
dairy concerned may obtain supplies of skimmed                          concluded before 30 June 1977, the quantities of
 milk, if necessary, from a dairy in another Member                     skimmed milk delivered to the farm concerned on
State ;                                                                 or after 1 June 1977 shall be deemed to have been
                                                                        delivered under that contract. In this case the
Whereas, on account of the relatively short delay                        minimum quantity as referred to in the second
between publication of Regulation (EEC) No 1089/77                       indent of paragraph 2 (b) specified in the contract
and its application , provision should be made for a                    shall apply to the period in question and shall not
transitional measure enabling the parties concerned to                  benefit from special aid .'
receive the special aid with effect from 1 June 1977 ;
Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Manage­                                             Article 2
ment Committee for Milk and Milk Products,
                                                                                                             \
(') OJ No L 148 , 28 . 6 . 1968 , p . 13 .                           This Regulation shall enter into force on the day of its
(2 ) OJ No L 67, 15. 3 . 1976, p. 9 .                                publication in the Official Journal of the European
(J) OJ No L 131 , 26. 5. 1977, p. 34.                                Communities.
 ---pagebreak--- 29 . 6. 77                    Official Journal of the European Communities                      No L 158 /39
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 28 June 1977 .
                                                                  For the Commission
                                                                   Finn GUNDELACH
                                                                      Vice-President