CELEX: 31975R1347
Language: en
Date: 1975-05-26 00:00:00
Title: Regulation (EEC) No 1347/75 of the Council of 26 may 1975 laying down general rules for the supply of skimmed-milk powder as food aid to certain developing countries and international organization under the 1975 programme

29 . 5 . 75                          Official Journal of the European Communities                          No L 138 / 1
                                                             I
                                          (Acts whose publication is obligatory)
                             REGULATION (EEC) No 1347/75 OF THE COUNCIL
                                                     of 26 May 1975
               laying down general rules for the supply of skimmed-milk powder as food aid to
               certain developing countries and international organization under the 1975
                                                       programme
THE COUNCIL OF THE EUROPEAN                                     Whereas, in order to enable the aid to be used effec­
COMMUNITIES,                                                    tively, arrangements should be made to finance
                                                                certain transport and distribution costs ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43                Whereas the supplies must be delivered at the
thereof ;                                                       cheapest possible price ; whereas in order to achieve
                                                                that aim, a tendering procedure must be provided for ;
Having regard to Council Regulation (EEC) No                    whereas, however, it may be desirable in the interests
804/68 ( l) of 27 June 1968 on the common organiza­             of speed to carry out emergency operations by private
tion of the market in milk and milk products as last            contract ;
amended by Regulation (EEC) No 740/75 (2), and in
particular Article 7 (4) thereof ;
                                                                Whereas it is desirable that the rules for the applica­
Having regard to the proposal from the Commission ;             tion of the measures laid down for buying-in skim­
                                                                med-milk powder on the market should be adopted in
Having regard to the Opinion of the European                    accordance with the procedure laid down in Article 30
Parliament ;                                                    of Regulation ( EEC) No 804/ 68 , as in the case of the
                                                                rules to be applied where public stocks are used,
Whereas certain developing countries and interna­
tional organizations have indicated their requirements
in high-protein milk products ; whereas these high­
protein products may be supplied in the form of skim­           HAS ADOPTED THIS REGULATION :
med-milk powder produced within the Community
and meeting certain quality standards ;
                                                                                       Article 1
Whereas the supply of skimmed-milk powder must
take into account the amounts of skimmed-milk
                                                                43 010 metric tons of skimmed-milk powder shall be
powder available in the Community and the necessity             made available to certain developing countries and
of not disrupting market conditions ;                           international organizations as food aid under the 1975
                                                                programme .
Whereas the amounts available at present enable
43 010 'metric tons of skimmed-milk powder to be
supplied under the 1975 programme ;                                                    Article 2
Whereas, if the quantities of skimmed-milk powder in
public stocks are insufficient for the envisaged                1.    The skimmed-milk powder referred to in Article
delivery of the abovementioned amount, or if they do            1 shall be purchased in accordance with Article 7 ( 1 )
not have the characteristics necessary for their parti­         of Regulation ( EEC) No 804/ 68 .
cular destination where this requires in particular
other forms of packing or the addition of vitamins or           2. If the amounts of skimmed-milk powder in
other additives, supplies must be ensured by the                public stocks are insufficient to supply the quantities
buying-in of skimmed-milk powder on the Commu­                  provided for in Article 1 or if they do not have the
nity market ;                                                   characteristics necessary for their particular destina­
                                                                tion where this requires, in particular, other forms of
(') OJ No L 148, 28 . 6. 1968 , p. 13 .                         packing or the addition of vitamins or other additives,
(2) OJ No L 74, 22. 3 . 1975, p. 1 .                            supplies shall be ensured by the buying-in of skim­
 ---pagebreak--- No L 138 / 2                       Official Journal of the European Communities                             29 . 5 . 75
med-milk powder on the Community market.                                              Article 5
Buying-in shall be done in such a way as not to               For delivery of skimmed-milk powder to the fob or a
disturb the normal development of prices on the              corresponding stage, and, where relevant, for its ship­
market.
                                                              ment and its purchase on the Community market,
                                                              invitations to tender shall be issued, without prejudice
                        Article 3
                                                             to Article 4 except in the case of emergency aid,
For the purposes of Article 1 :                              where private contracts may be negotiated.
(a) the cost of the skimmed-milk powder, delivered to                                 Article 6
    the fob or a corresponding stage, shall be financed
    by the Community ;                                       The decision to apply Article 2 (2) shall be taken and
                                                              the procedure for implementing this paragraph and
(b) in exceptional cases, the Community may also             Article 5 shall be adopted in accordance with the
    wholly or partially finance on the basis of a deci­
                                                              procedure laid down in Article 30 of Regulation (EEC)
    sion of the Council, in accordance with the proce­        No 804/68 .
    dure referred to in Article 7 :
    — shipment to the frontier of the country and,                                    Article 7
        possibly, to the place(s) of destination, and
                                                              In accordance with the voting procedure laid down in
    — distribution, where the goods are distributed by       Article 43 (2) of the Treaty, the countries and organiza­
        an international organization .                       tions for which this aid is destined, together with the
                                                             quantity to be allocated to each, shall be determined
                        Article 4                            by the Council acting on a proposal from the Commis­
                                                             sion .
Amounts corresponding to the costs referred to in
Article 3 (b) shall, where the arrangements agreed with                               Article 8
the recipient country or organization so provide, be
paid as a whole or partial lump-sum contribution to          This Regulation shall enter into force on the third day
the country or organization of destination by the inter­     following its publication in the Official Journal of
vention agency responsible for the operation .                the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Luxembourg, 26 May 1975.
                                                                          For the Council
                                                                            The President
                                                                          M. A. CLINTON