CELEX: 31975R1541
Language: en
Date: 1975-06-16 00:00:00
Title: Regulation (EEC) No 1541/75 of the Council of 16 June 1975 laying down general rules for the supply of milk fats as food aid to certain developing countries and international organizations under the 1975 food-aid programme

No L 157/4                             Official Journal of the European Communities                              19 . 6 . 75
                               REGULATION ( EEC) No 1541 /75 OF THE COUNCIL
                                                        of 16 June 1975
               laying down general rules for the supply of milk fats as food aid to certain deve­
               loping countries and international organizations under the 1975 food-aid
                                                          programme
THE COUNCIL OF THE EUROPEAN                                       Whereas it is desirable that the rules for imple­
COMMUNITIES,                                                      menting the measures laid down for buying in butter
                                                                  or butteroil on the market should be adopted in accor­
 Having regard to the Treaty establishing the European            dance with the procedure laid down in Article 30 of
 Economic Community, and in particular Article 43                 Regulation (EEC) No 804/68 , as in the case of the
thereof ;                                                         rules to be applied where public stocks are used,
 Having regard to Council Regulation (EEC) No
804/68 (') of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last             HAS ADOPTED THIS REGULATION :
amended by Regulation (EEC) No 740/75 (2), and in
particular Article 6 (6) thereof ;
                                                                                          Article 1
 Having regard to the proposal from the Commission ;
                                                                  A quantity of butter or butteroil corresponding to
 Having regard to the Opinion of the European Parlia­             43 400 metric tons of butteroil shall be made available
ment (3 ) ;                                                       to certain developing countries and international
                                                                  organizations as food aid under the 1975 food-aid
Whereas certain developing countries and interna­
                                                                  programme .
tional organizations have indicated their requirements
in milk fats ; whereas these fats may be supplied in
the form of butter or butteroil produced within the                                       Article 2
Community and meeting certain quality standards ;
                                                                   1.   The butter referred to in Article       1  shall be
Whereas the amounts available at present in the
Community enable a quantity of 43 400 metric tons                 purchased in accordance with Article 6 ( 1 ) of Regula­
of butteroil to be supplied as food aid in butter and             tion (EEC) No 804/68 . The butteroil referred to in
butteroil ; whereas the apportionment of supplies                 Article 1 shall be processed from this butter.
between public and private stocks will vary depending
on market trends and seasonal requirements ;                      2.    If the market situation is such that delivery as
                                                                  provided in Article 1 cannot be carried out in accor­
Whereas in view of the situation on the Community                 dance with paragraph 1 , then the supply shall be
market in butter and other butter fats as well as the             ensured by means of butter or butter fats available on
need to make certain emergency deliveries and ensure              the Community market. Buying in shall be done in
regular supplies under the most favourable economic               such a way as not to disturb the normal development
conditions provision should be made for providing                 of prices on the market.
these supplies either by taking butter or other butter
fats from stocks held by intervention agencies or by
buying in butter or butteroil on the Community                                            Article 3
market ;
                                                                  For the purposes of Article 1 :
Whereas, in order to enable the aid to be used effec­
tively, arrangements should be made to finance                    (a) the cost of the butter or butteroil, delivered to the
certain transport and distribution costs ;                            fob or a corresponding stage, shall be financed by
                                                                      the Community ;
Whereas the supplies must be delivered at the
cheapest possible price ; whereas in order to achieve             (b) in exceptional cases, the Community may also
that aim , a tendering procedure must bd provided for ;               wholly or partially finance on the basis of a deci­
whereas, however, it may be desirable in the interests                sion of the Council , in accordance with the proce­
                                                                      dure referred to in Article 8 :
of speed to carry out emergency operations by private
contract ;                                                            — shipment to the frontier of the country and,
                                                                          possibly, to the places of destination , and
(') OJ No L 148 , 28 . 6 . 1968 , p. 13 .
(-') OJ No L 74, 22 . 3 . 1975, p . 1 .                               — distribution , where the goods are distributed by
(}) OJ No C 111 , 20 . 5 . 1975 , p . 25 .                                an international organization .
 ---pagebreak--- 19 . 6. 75                         Official Journal of the European Communities                           No L 157/ 5
                         Article 4                            Provisions may be made for partial advance payment
                                                              of such sums .
The costs referred to in Article 3 (b) shall, where the
arrangements agreed with the recipient country or
organization so provide, be paid as a whole or partial                                Article 7
lump-sum contribution to the country or organization
of destination by the intervention agency responsible
for the operation .                                          The decision to apply Article 2 (2) shall be taken and,
                                                              in this case, the procedure for implementing that para­
                         Article 5
                                                              graph and Article 5 shall be adopted in accordance
                                                              with the procedure laid down in Article 30 of Regula­
For delivery of the product, including packing,               tion (EEC) No 804/68 .
labelling and shipment to the fob or a corresponding
stage, and, where relevant, for its shipment beyond
that stage, invitations to tender shall be issued,                                    Article 8
without prejudice to Article 4 except in the case of
emergency aid, where private contracts may be negoti­         In accordance with the voting procedure set out in
ated .                                                        Article 43 (2) of the Treaty, the countries and organiza­
                                                              tions for which this aid is destined, together with the
                         Article 6                            quantity to be allocated to each , shall be determined
                                                              by the Council acting on a proposal from the Commis­
The sums to be paid to the undertaking selected shall         sion .
be due only if :
(a) the undertaking satisfies the conditions laid down
     in the invitation to tender or the private contract ;                            Article 9
     and
(b) the quality and packing of the delivered product          This Regulation shall enter into force on the third day
     are found on inspection to comply with the rele­         following its publication in the Official Journal of
     vant Community provisions.                               the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Luxembourg, 16 June 1975 .
                                                                           For the Council
                                                                             The President
                                                                               R. RYAN