CELEX: 31980R1310
Language: en
Date: 1980-05-28 00:00:00
Title: Council Regulation (EEC) No 1310/80 of 28 May 1980 laying down general rules for the supply of skimmed-milk powder as food aid to certain developing countries and specialized bodies under the 1980 programme

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31980R1310

Council Regulation (EEC) No 1310/80 of 28 May 1980 laying down general rules for the supply of skimmed-milk powder as food aid to certain developing countries and specialized bodies under the 1980 programme  

Official Journal L 134 , 31/05/1980 P. 0010

****( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .  ( 2 ) OJ NO L 204 , 28 . 7 . 1978 , P . 6 .  ( 3 ) OJ NO C 117 , 12 . 5 . 1980 , P . 71 .    COUNCIL REGULATION ( EEC ) NO 1310/80   OF 28 MAY 1980   LAYING DOWN GENERAL RULES FOR THE SUPPLY OF SKIMMED-MILK POWDER AS FOOD AID TO CERTAIN DEVELOPING COUNTRIES AND SPECIALIZED BODIES UNDER THE 1980 PROGRAMME   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1761/78 ( 2 ), AND IN PARTICULAR ARTICLE 7 ( 4 ) THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 3 ),   WHEREAS CERTAIN DEVELOPING COUNTRIES AND SPECIALIZED BODIES HAVE INDICATED THEIR REQUIREMENTS IN HIGH-PROTEIN MILK PRODUCTS ; WHEREAS THESE HIGH-PROTEIN PRODUCTS MAY BE SUPPLIED IN THE FORM OF SKIMMED-MILK POWDER PRODUCED WITHIN THE COMMUNITY AND MEETING CERTAIN QUALITY STANDARDS ;   WHEREAS THE SUPPLY OF SKIMMED-MILK POWDER MUST TAKE INTO ACCOUNT THE AMOUNTS OF SKIMMED-MILK POWDER AVAILABLE IN THE COMMUNITY AND THE NECESSITY OF NOT DISRUPTING MARKET CONDITIONS ;   WHEREAS THE AMOUNTS AVAILABLE AT PRESENT ENABLE 150 000 TONNES OF SKIMMED-MILK POWDER TO BE SUPPLIED UNDER THE 1980 PROGRAMME ;   WHEREAS , IF THE QUANTITIES OF SKIMMED-MILK POWDER IN PUBLIC STOCKS ARE INSUFFICIENT FOR THE DELIVERY OF THE ABOVEMENTIONED AMOUNT , OR IF THEY DO NOT HAVE THE CHARACTERISTICS NECESSARY FOR THEIR PARTICULAR DESTINATION WHERE THIS REQUIRES IN PARTICULAR OTHER FORMS OF PACKING OR THE ADDITION OF VITAMINS OR OTHER ADDITIVES , SUPPLIES MUST BE ENSURED BY THE BUYING-IN OF SKIMMED-MILK POWDER ON THE COMMUNITY MARKET ;   WHEREAS , IN ORDER TO ENABLE THE AID TO BE USED EFFECTIVELY , ARRANGEMENTS SHOULD BE MADE TO FINANCE CERTAIN TRANSPORT AND DISTRIBUTION COSTS ;   WHEREAS THE SUPPLIES MUST BE DELIVERED AT THE CHEAPEST POSSIBLE PRICE ; WHEREAS IN ORDER TO ACHIEVE THAT AIM , A TENDERING PROCEDURE MUST BE PROVIDED FOR ; WHEREAS , HOWEVER , IT MAY BE DESIRABLE IN THE INTERESTS OF SPEED , IN EXCEPTIONAL CASES , TO HAVE RECOURSE TO PRIVATE CONTRACTS ;   WHEREAS IT IS DESIRABLE THAT THE RULES FOR THE APPLICATION OF THE MEASURES LAID DOWN FOR BUYING-IN SKIMMED-MILK POWDER ON THE MARKET SHOULD BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 30 OF REGULATION ( EEC ) NO 804/68 , AS IN THE CASE OF THE RULES TO BE APPLIED WHERE PUBLIC STOCKS ARE USED ,   HAS ADOPTED THIS REGULATION :   ARTICLE 1   150 000 TONNES OF SKIMMED-MILK POWDER SHALL BE MADE AVAILABLE TO CERTAIN DEVELOPING COUNTRIES AND SPECIALIZED BODIES AS FOOD AID UNDER THE 1980 PROGRAMME .   ARTICLE 2   1 .  THE SKIMMED-MILK POWDER REFERRED TO IN ARTICLE 1 SHALL BE PURCHASED IN ACCORDANCE WITH ARTICLE 7 ( 1 ) OF REGULATION  ( EEC ) NO 804/68 .   2 .  IF THE AMOUNTS OF SKIMMED-MILK POWDER IN PUBLIC STOCKS ARE INSUFFICIENT TO SUPPLY THE QUANTITIES PROVIDED FOR IN ARTICLE 1 OR IF THEY DO NOT HAVE THE CHARACTERISTICS NECESSARY FOR THEIR PARTICULAR DESTINATION WHERE THIS REQUIRES , IN PARTICULAR , OTHER FORMS OF PACKING OR THE ADDITION OF VITAMINS OR OTHER ADDITIVES , SUPPLIES SHALL BE ENSURED BY THE BUYING-IN OF SKIMMED-MILK POWDER ON THE COMMUNITY MARKET . BUYING-IN SHALL BE DONE IN SUCH A WAY AS NOT TO DISTURB THE NORMAL DEVELOPMENT OF PRICES ON THE MARKET .   ARTICLE 3   FOR THE PURPOSES OF ARTICLE 1 :  ( A ) THE COST OF THE SKIMMED-MILK POWDER , DELIVERED TO THE PORT OF SHIPMENT OR A CORRESPONDING STAGE , SHALL BE FINANCED BY THE COMMUNITY ;  ( B ) IN EXCEPTIONAL CASES , THE COMMUNITY MAY ALSO WHOLLY OR PARTIALLY FINANCE ON THE BASIS OF A DECISION OF THE COUNCIL , IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 7 :   -  SHIPMENT TO THE FRONTIER OF THE COUNTRY AND , POSSIBLY , TO THE PLACE(S ) OF DESTINATION , AND   -  DISTRIBUTION , WHERE THE GOODS ARE DISTRIBUTED BY A SPECIALIZED BODY .   ARTICLE 4   AMOUNTS CORRESPONDING TO THE COSTS REFERRED TO IN ARTICLE 3  ( B ) SHALL , WHERE THE ARRANGEMENTS AGREED WITH THE RECIPIENT COUNTRY OR BODY AS PROVIDE , BE PAID AS A WHOLE OR PARTIAL LUMP-SUM CONTRIBUTION TO THE COUNTRY OR BODY OF DESTINATION BY THE COMMISSION .   ARTICLE 5   FOR DELIVERY OF SKIMMED-MILK POWDER TO THE PORT OF SHIPMENT OR A CORRESPONDING STAGE , AND , WHERE RELEVANT , FOR ITS SHIPMENT FROM THAT STAGE AND ITS PURCHASE ON THE COMMUNITY MARKET , INVITATIONS TO TENDER SHALL BE ISSUED , WITHOUT PREJUDICE TO ARTICLE 4 SAVE IN EXCEPTIONAL CASES , WHERE PRIVATE CONTRACTS ARE NEGOTIATED .   ARTICLE 6   THE DECISION TO APPLY ARTICLE 2 ( 2 ) SHALL BE TAKEN AND THE PROCEDURE FOR IMPLEMENTING THIS PARAGRAPH AND ARTICLE 5 SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 30 OF REGULATION ( EEC ) NO 804/68 .   ARTICLE 7   THE COUNTRIES AND BODIES FOR WHICH THIS AID IS DESTINED , TOGETHER WITH THE QUANTITY TO BE ALLOCATED TO EACH , SHALL BE DETERMINED BY THE COUNCIL ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION .   ARTICLE 8   THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .   DONE AT BRUSSELS , 28 MAY 1980 .   FOR THE COUNCIL   THE PRESIDENT   G . MARCORA