CELEX: 31976R2241
Language: en
Date: 1976-09-15 00:00:00
Title: Commission Regulation (EEC) No 2241/76 of 15 September 1976 amending Regulation (EEC) No 753/76 laying down detailed rules for the sale of skimmed-milk powder for use in animal feed pursuant to Regulation (EEC) No 563/76

16 . 9 . 76                           Official Journal of the European Communities                        No L 252/ 15
                                  COMMISSION REGULATION (EEC) No 2241 /76
                                                   of 15 September 1976
               amending Regulation ( EEC) No 753/76 laying down detailed rules for the sale of
               skimmed-milk powder for use in animal feed pursuant to Regulation (EEC) No
                                                            563/ 76
THE COMMISSION OF THE EUROPEAN                                        2. The sale by the intervention agency of the
COMMUNITIES,                                                        skimmed-milk powder shall be subject to the prov­
 Having regard to the Treaty establishing the European              ision by the purchaser, on or before conclusion of
 Economic Community,                                                the contract of sale, of a denaturing security in an
                                                                    amount of 45 units of account per 100 kilo­
 Having regard to Council Regulation (EEC) No                       grammes.
 563/76 of 15 March 1976 on the compulsory purchase
of skimmed-milk powder held by intervention agen­
cies for use in feedingstuffs ( !), and in particular                However, the denaturing security shall be adjusted
Article 9 ( 1 ) thereof,                                            in each Member State by dividing it by the coeffi­
                                                                    cient as specified in Article 1 ( 1 ).
Whereas Article 4 (4) of Commission Regulation
(EEC) No 753/76 of 31 March 1976 laying down
detailed rules for the sale of skimmed-milk powder                  Such security shall be provided, at the choice of
for use in animal feed pursuant to Regulation (EEC)                 the Member State concerned, either in the form of
 No 563/76 (2), as last amended by Regulation (EEC)                 a cheque payable to the intervention agency or in
 No 1926/76 (3), provides for the product purchased to              the form of a guarantee which meets the criteria
be taken over within one month ; whereas, in order to                laid down by the said Member State.
achieve a closer purchase correspondance between the
quantities purchased and those actually released from
storage, it is necessary to reduce this period and to                3. The purchaser shall, in respect of each quan­
 provide for the denaturing security to be lodged as                 tity he intends to remove or have removed by the
soon as the contract is signed, thus ensuring that                  denaturing centre designated by him, pay the
delivery is actually taken of the quantities purchased ;             purchase price to the selling intervention agency
whereas an appropriate proportion of this security                  before taking delivery in accordance with para­
 should be forfeited in respect of those quantities not             graph 4.
 taken over within the prescribed time limit and for
which the sale contract is cancelled pursuant to
Article 4 (5) of the said Regulation ;                               When the purchase price has been paid, the
                                                                     selling intervention agency shall issue a removal
Whereas, in order to enable a clearer view to be                     voucher indicating :
 obtained of the operation of these measures over a
 period of time, it is necessary to reduce also the                  (a) the quantity in respect of which the foregoing
 period for denaturing or direct incorporation in                        condition is fulfilled ;
 compound feedingstuffs, which is at present fixed at
 two months ;                                                        (b) the depot where that quantity is stored ;
Whereas, having regard to the increase in the interven­              (c) the time limit for taking delivery thereof.
 tion price for skimmed-milk powder with effect from
 16 September 1976 and to the market situation, it is
 appropriate to adjust the amount of the denaturing                  4. The purchaser shall take delivery of the skim­
 security ;                                                          med-milk powder purchased by him with 15 days
Whereas the measures provided for in this Regulation                 from the day on which the contract of sale is
 are in accordance with the opinion of the Manage­                   concluded. Delivery may be taken in instalments,
 ment Committee for Milk and Milk Products,                          each of which may not be of less than 10 metric
                                                                     tons .
 HAS ADOPTED THIS REGULATION :
                                                                     5. Save in case of force majeure, the contract of
                          A rticle 1
                                                                     sale shall be terminated in respect of any quanti­
 In Article 4 of Regulation (EEC) No 753/76, para­                   ties of which the purchaser has not taken delivery
graphs 2 to 5 are amended to read as follows :                       within the prescribed time limit.
(') OJ No L 67, 15 . 3 . 1976, p. 18 .
0 OJ No L 88 , 1 . 4. 1976, p. 1 .                                   In that event, the denaturing security lodged in
(J) OJ No L 210, 4. 8 . 1976, p. 17.                                 respect of those quantities shall be forfeited at the
 ---pagebreak--- No L 252/ 16                       Official Journal of the European Communities                            16. 9 . 76
     rate of four units of account per 100 kilogrammes,          'save in case of force majeure and without preju­
     adjusted in accordance with the second subpara­             dice to the provisions of Article 4 (5).'
     graph of paragraph 2. It shall be released immedi­
     ately.'
                         Article 2                                                   Article 3
Article 5 of Regulation (EEC) No 753/76 is amended
as follows :                                                  This Regulation shall enter into force on            16
                                                              September 1976.
1 . in the first subparagraph of paragraph 3, the expres­
    sion 'two months' is replaced by 'one month' ;
                                                              However, the provisions in force before that date shall
2. in the first subparagraph of paragraph 5, the words        remain applicable as regards skimmed-milk powder
    'save in case of force majeure' are replaced by the       for which sale contracts have been concluded prior
    following :                                               thereto .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 15 September 1976.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission