CELEX: 31976R1298
Language: en
Date: 1976-06-01 00:00:00
Title: Council Regulation (EEC) No 1298/76 of 1 June 1976 laying down general rules for the supply of skimmed-milk powder as food aid to certain developing countries and international organizations under the 1976 programme

4 . 6 . 76                                Official Journal of the European Communities                          No L 146/3
                                         COUNCIL REGULATION (EEC) No 1298 /76
                                                          of 1 June 1976
               laying down general rules for the supply of skimmecf-milk powder as food aid to
               certain developing countries and international organizations under the 1976
                                                            programme
THE COUNCIL OF THE EUROPEAN                                         of speed, in exceptional cases, to have recourse to
COMMUNITIES,                                                         private contracts ;
Having regard to the Treaty establishing the European               Whereas it is desirable that the rules for the applica­
Economic Community and in particular Article 43                      tion of the measures laid down for buying-in skim­
thereof,                                                             med-milk powder on the market should be adopted in
                                                                     accordance with the procedure laid down in Article 30
Having regard to Council Regulation (EEC) No                         of Regulation (EEC) No 804/68 , as in the case of the
804/68 of 27 June 1968 on the common organization                    rules to be applied where public stocks are used,
of the market in milk and milk products ('), as last
amended by Regulation (EEC) No 559 /76 (2), and in
particular Article 7 (4) thereof,
                                                                     HAS ADOPTED THIS REGULATION :
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parlia­                                         Article 1
ment (3),
Whereas certain developing countries and interna­                    55 000 metric tons of skimmed-milk powder shall be
tional organizations have indicated their requirements               made available to certain developing countries and
in high-protein milk products ; whereas these high­                  international organizations as food aid under the 1976
protein products may be supplied in the form of skim­                programme .
med-milk powder produced within the Community
and meeting certain quality standards ;
                                                                                             Article 2
Whereas the supply of skimmed-milk powder must
take    into  account    the  amounts        of   skimmed-milk        1 . The skimmed-milk powder referred to in Article
powder available in the Community and the necessity                   1 shall be purchased in accordance with Article 7 ( 1 )
of not disrupting market conditions ;                                of Regulation (EEC) No 804/68 .
Whereas the amounts available at present enable                      2.     If the amounts of skimmed-milk powder in
55 000 metric tons of skimmed-milk powder to be                      public stocks are insufficient to supply the quantities
supplied under the 1976 programme ;                                  provided for in Article 1 or if they do not have the
                                                                     characteristics necessary for their particular destina­
Whereas, if the quantities of skimmed-milk powder in                 tion where this requires, in particular, other forms of
public stocks are insufficient for the delivery of the               packing or the addition of vitamins or other additives,
abovementioned amount, or if they do not have the                    supplies shall be ensured by the buying-in of skim­
characteristics necessary for their particular destina­              med-milk powder on the Community market.
tion where this requires in particular other forms of                 Buying-in shall be done in such a way as not to
packing or the addition of vitamins or other additives,              disturb the normal development of prices on the
supplies must be ensured by the buying-in of skim­                    market .
 med-milk powder on the Community market ;
Whereas , in order to enable the aid to be used effec­                                       Article 3
tively, arrangements should be made to finance
certain transport and distribution costs ;                            For the purposes of Article 1 :
Whereas the supplies must be delivered at the                        (a) the cost of the skimmed-milk powder, delivered to
cheapest possible price ; whereas in order to achieve                     the fob or a corresponding stage, shall be financed
 that aim , a tendering procedure must be provided for ;                  by the Community ;
whereas, however, it may be desirable in the interests
                                                                     (b) in exceptional cases, the Community may also
(') OJ No L 148 , 28 . 6 . 1968 , p . 13 .
                                                                          wholly or partially finance on the basis of a deci­
(2 ) OJ No L 67, 15 . 3 . 1976 , p . 9 .                                  sion of the Council , in accordance with the proce­
( 3 OJ No C 100 , 3 . 5 . 1976, p . 37 .                                  dure referred to in Article 7 :
 ---pagebreak--- No L 146/4                         Official Journal of the European Communities                              4. 6 . 76
    — shipment to the frontier of the country and,                                   Article 6
        possibly, to the place(s) of destiantion , and
    — distribution , where the goods are distributed by      The decision to apply Article 2 (2) shall be taken and
        an international organization .                       the procedure for implementing this paragraph and
                                                             Article 5 shall be adopted in accordance with the
                        Article 4                             procedure laid down in Article 30 of Regulation (EEC)
                                                              No 804/ 68 .
Amounts corresponding to the costs referred to in
Article 3 (b) shall, where the arrangements agreed with                              Article 7
the recipient country or organization so provide, be
paid as a whole or partial lump-sum contribution to           The countries and organizations for which this aid is
the country or organization of destination by the inter­      destined, together with the quantity to be allocated to
vention agency responsible for the operation .                each , shall be determined by the Council acting by a
                                                              qualified majority on a proposal from the Commis­
                        Article 5                             sion .
For delivery of skimmed-milk powder to the fob or a
corresponding stage, and, where relevant, for its ship­                              Article 8
ment from that stage and its purchase on the Commu­
nity market, invitations to tender shall be issued,           This Regulation shall enter into force on the third day
without prejudice to Article 4 save in exceptional            following its publication in the Official Journal oj
cases, where private contracts are negotiated .                the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 1 June 1976 .
                                                                           For the Council
                                                                            The President
                                                                             G. THORN