CELEX: 31976R0563
Language: en
Date: 1976-03-15 00:00:00
Title: Council Regulation (EEC) No 563/76 of 15 March 1976 on the compulsory purchase of skimmed-milk powder held by intervention agencies for use in feedingstuffs

No L 67/ 18                            Official Journal of the European Communities                            15 . 3 . 76
                                          COUNCIL REGULATION (EEC) No 563/76
                                                        of 15 March 1976
                on the compulsory purchase of skimmed-milk powder held by intervention agencies
                                                      for use in feedingstuffs
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           No 1707/73 ( 7), under Council Regulation (EEC) No
                                                                     1900/74 of 15 July 1974 laying down special
                                                                     measures for soya beans (8), under Council
  Having regard to the Treaty establishing the                       Regulation (EEC) No 569/76 of 15 March 1976
  European Economic Community, and in particular                     laying down special measures for linseed (9), and
  Article 43 thereof,                                                under Council Regulation (EEC) No 1067/74 of 30
                                                                     April 1974 on the common organization of the
                                                                     market in dehydrated fodder ( 10), as amended by
  Having regard to Council Regulation (EEC) No 729/                  Regulation (EEC) No 1420/75 (xl )j conditional on
  70 of 21 April 1970 on the financing of the common                 the prior purchase of a certain quantity of denatured
  agricultural policy ( 1 ), as last amended by the Act of           skimmed-milk powder or on the provision of a
  Accession (2), and in particular Article 3 (2) thereof,            security for such purchase;
  Having regard to the proposal from the Commission,
                                                                     Whereas imported products should be subject to the
                                                                     same obligation by means of the issue of special
  Having regard to the opinion of the European                       certificates accompanied by a security ; whereas to
  Parliament (3),                                                    avoid speculative action, the import of certain
                                                                     compound feedingstuffs should likewise be subject
                                                                     to this obligation ;
  Whereas stocks of skimmed-milk powder bought in
  by intervention agencies pursuant to Council
  Regulation (EEC) No 804/68 of 27 June 1968 on the
  common organization of the market in milk and                      Whereas in view of the amount of the stocks, their
  milk products (4), as last amended by Regulation                   constant growth and the resulting costs, if the steps
  (EEC) No 559/76 (5 ), have reached considerable                    taken are to be effective they must be implemented
  proportions ; whereas the stocks available represent               at the earliest possible moment and their application
  an important source of protein which can be used in                to transactions already undertaken in the context of
  feedingstuffs ;                                                    long-term contracts ensured ; whereas the objectives
                                                                     of these arrangements are best met by passing on the .
  Whereas in order to increase utilization of this                   burden of these measures to the successive buyers
  protein in feedingstuffs for animals other than calves,            while sharing it more equitably among all the
                                                                     operators ;
  provision should be made for the compulsory
  purchase of a certain quantity of skimmed-milk
  powder which has been denatured to prevent its
  being used for purposes other than those intended ;
                                                                     Whereas, since the security provided for is intended
                                                                     to cover obligations the financial burden of which
  Whereas these measures may be made effective by                    falls to the Guarantee Section of the European
  making the granting of aid provided for under                      Agricultural Guidance and Guarantee Fund, such
  Council Regulation No 136/66/EEC of 22 September                   amounts of security as are not released should be
  1966 on the common organization of the market in                   used to offset any expenditure incurred pursuant to
  oils and fats (6), as last amended by Regulation (EEC)             Regulation (EEC) No 729/70,
• (*) OJ  No L 94, 28 . 4 . 1970, p. 13 .
  (2) OJ  No L 73 , 27. 3 . 1972, p. 14 .                            (7) OJ No L 175, 29. 6. 1973, p. 5 .
  (3) OJ  No C 53, 8. 3. 1976, p. 24.                                 (8 ) OJ No L 201 , 23 . 7. 1974, p. 5.
  (4) OJ  No L 148, 28 . 6. 1968, p. 13 .                             (9) See page 29 of this Official Journal.
  (5) See page 9 of this Official Journal.                            (10) OJ No L 120, 1 . 5. 1974, p. 2.
  (•) OJ No 172, 30. 9. 1966, p. 3025/66.                             (») OJ No L 141, 3. 6. 1975, p. 1 ,
 ---pagebreak--- 15.3.76                              Official Journal of the European Communities                           No L 67/ 19
HAS ADOPTED THIS REGULATION :                                                           Article 4
                                                                The security referred to in Articles 2 and 3 , the
                           Article 1                            amount of which may differ depending on the
                                                                product, shall be released upon production within
1 . An obligation to purchase skimmed-milk powder               a period to be specified, of proof of the purchase of
held by intervention agencies for use in feedingstuffs          a certain quantity .of powdered skimmed milk from
for animals other than young calves is hereby                   an intervention agency and proof of its denaturation.
established.
                                                                The security may also be released in specific cases,
                                                                particularly in the case of certain products intended
2. Skimmed-milk powder sold pursuant to this                    for uses to be specified.
Regulation shall not be eligible for aid under Article
10 of Regulation (EEC) No 804/68 .
                                                                                        Article 5
                           Article 2                            In the case of contracts concluded before the date of
                                                                entry into force of this Regulation, the successive
The granting of aid :                                           buyers of the products referred to in Articles 2 and 3 ,
                                                                or of protein products processed therefrom, shall
 (a) for colza, rape and sunflower seeds,                       bear the burden of the costs arising under the ar­
 (b ) for linseed and soya beans,                               rangements laid down in this Regulation.
 (c) for the products referred to under Article 1 (b) of
      Regulation (EEC) No 1067/74,                                                       Article 6
shall be subject to the provision of a security, or the         Proof of the purchase and the denaturation of the
 presentation of the document referred to in Article 6.         skimmed-milk powder shall be provided by the
                                                                production of a document, of standard Community
                                                                form, made out by the competent authority of the
                           Article 3                            Member State who is responsible for the denaturation
                                                                pursuant to Article 8 .
 1 . Free circulation in the Community of:
                                                                                         Article 7
 (a) products coming under subheading ex 12.01 B of
      the Common Customs Tariff, with the exception
      of castor-oil seeds,                                      The selling prices of skimmed-milk powder shall be
                                                                fixed to take account in particular of the non-appli­
 (b) products coming under heading No ex 12.02 of               cation of the aid system provided for in Article 10
      the Common Customs Tariff, with the exception             of Regulation (EEC) No 804/68 .
      of castor-oil flour or meal,
 (c) products coming under subheadings ex 23.03 A                                        Article 8
      II and 23.04 B of the Common Customs Tariff,
      with the exception of castor-oil cakes,                    1 . Denaturation of skimmed-milk powder shall be
                                                                supervised by the competent authority of the Member
 (d) products coming under subheadings ex 23.07 B
      and C of the Common Customs Tariff,                       State within the territory of which denaturation is
                                                                carried out.
 (e) products coming under subheading ex 12.10 B of
      the Common Customs Tariff,                                2. It may be laid down that, in cases to be defined,
                                                                denaturation shall be carried out by direct incor­
 shall be subject to the presentation of a 'protein             poration of skimmed-milk powder into an animal
 certificate'.                                                  feedingstuff having a composition to be specified,
                                                                 provided that :
 2. The 'protein certificate' shall be issued by Mem­           — the principle of equality of treatment between
 ber States to any applicant irrespective of the place of            undertakings is not thereby infringed,
 his establishment in the Community. The issue of a
 'protein certificate' shall be conditional on the pro­         — undertakings carrying out such incorporation
 vision of a security or the submission of the                       provide adequate guarantees as regards the super­
  document referred to in Article 6,                                 vision of their operations.
 ---pagebreak---   No L 67/20                          Official Journal of the European Communities                                15 . 3 . 76
 3 . The necessary measures shall be laid down to                2. Any security forfeited shall be used to offset the
 enable intervention agencies to replenish their stocks          intervention expenditure for which no unit amount
 of skimmed-milk powder if necessary. The inter­                 is fixed under Regulation (EEC) No 804/68.
 vention agencies which have such stocks available
 shall provide transport for that purpose.                       3 . Detailed rules for the application of this Article
                                                                 may be adopted in accordance with the procedure
                                                                 provided for in Article 13 of Regulation (EEC) No
                          Article 9                              729/70.
 1 . Detailed rules for the application of the above                                       Article 11
 Articles shall be adopted in accordance with the
 procedures laid down in Article 38 of Regulation                This Regulation shall enter into force on the day of
 No 136/66/EEC or in the corresponding Articles of               its publication in the Official Journal of the Euro­
 Regulations on the common organization of the                   pean Communities.
 markets in other sectors . These rules shall take
 account of the need to provide effective supervision            This Regulation shall apply from 1 April 1976,
 of the system.                                                  with the exception of Articles 3 ( 1 ) and 5, in so far
                                                                 as it concerns the costs arising from the implement­
 2. In the event of difficulties arising with respect to         ation of Article 3 ( 1 ), both of which shall apply from
 the implementation of the above Articles, the Council           19 March 1976.
 may, acting by a qualified majority on a proposal
 from the Commission, derogate from Articles 2 to 8
 in so far as necessary.                                         Pending adoption of implementing rules on the
                                                                 matter, Member States shall take the necessary steps
                                                                 to ensure that clearance is not given for products
                          Article 10                             which have been declared for the purposes of being
                                                                 put into free circulation, unless the person concerned
 1 . The intervention agencies holding the products              gives a commitment accompanied by a security
 referred to in Artide 8 (3 ) shall enter the quantities         guaranteeing that these provisions will be respected.
 of skimmed-milk powder transferred as having zero
 value on the account referred to in Article 3 (2) (b)           This Regulation shall applyx to the products referred
 of Regulation (EEC ) No 2306/70 (*).                            to in Article 2 in respect of which a deposit has been
                                                                 lodged or the document referred to in Article 6 has
The intervention agencies taking delivery pursuant               been submitted before 31 October 1976, and to those
 to Article 8 (3 ) shall enter the quantities of skimmed­       products referred to in Article 3 , which have been
milk powder of which they have taken delivery at                 imported before that date.
zero value on the account referred to in the first
subparagraph.                                                   However, the Council, acting by qualified majority
                                                                 on a proposal by the Commission, may, if the objec­
The transport costs borne by the intervention                   tive of a considerable reduction in existing stocks of
agencies in respect of Article 8 (3 ) shall be entered in       skimmed-milk powder has not been achieved by that
the account referred to in Article 3 (2) ( b) of                 date, decide to extend the system referred to above
Regulation (EEC) No 2306/70 .                                    for the period of time necessary to achieve this aim.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 15 March 1976.
                                                                                        For the Council
                                                                                          The President
                                                                                            R. VOUEL
(M OJ No L 249, 17. 11 . 1970, p. 4.