CELEX: 31975R0602
Language: en
Date: 1975-03-07 00:00:00
Title: Regulation (EEC) No 602/75 of the Commission of 7 March 1975 laying down detailed rules for the sale of skimmed-milk powder in public storage for supply to developing countries

No L 63/ 18                                Official Journal of the European Communities                                8 . 3 . 75
                               REGULATION ( EEC) No 602/75 OF THE COMMISSION
                                                          of 7 March 1975
               laying down detailed rules for the sale of skimmed-milk powder in public
                                           storage for supply to developing countries
THE COMMISSION OF THE EUROPEAN                                        HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European                                         Article 1
Economic Community ;
                                                                      International organizations, bodies and associations as
Having regard to Council Regulation ( EEC) No                         referred to in Article 1 of Regulation (EEC) No
804/ 68 (') of 27 June 1968 on the common organiza­                   155/75 may benefit from the provisions of that Regula­
tion of the market in milk and milk products, as last                 tion only if they meet the following criteria :
amended by Regulation ( EEC) No 465/75 (2), and in
particular Articles 7 (5) and 28 thereof ;                            (a) international organizations must have as their
                                                                          object the implementation of food aid
                                                                          programmes in developing countries and must
Whereas Council Regulation (EEC) No 155/75(3 ) of                         furnish proof of previous activities of a kind
21 January 1975 provides that skimmed-milk powder                         having enabled them to acquire experience in this
in public storage may be sold for delivery to deve­                       field ;
loping countries ; whereas, in view of the situation on
the Community market for skimmed-milk powder                          (b) non-profit-making bodies and associations must
and of the interest shown by certain of the organiza­                     have their head office in a Member State , have as
tions concerned, this provision should be put into                        their object the provisions of aid to the under-privi­
effect and detailed rules as referred to in Article 2 of                  leged and must furnish proof of previous activities
Regulation ( EEC) No 1 55/75 adopted for the purpose ;                    of a kind having enabled them to acquire experi­
                                                                          ence in supplying food aid to developing coun­
                                                                          tries .
Whereas by reason of their reputation some interna­
tional agencies which have been participating for a
number of years in Community food aid action may
be regarded as possessing sufficient experience in this                                       Article 2
field ; whereas provision should be made for other
non-profit-making bodies and associations to apply                    The following international organizations shall be
for approval as prospective purchasers under Regula­                  regarded as meeting the conditions laid down in
tion ( EEC) No 155/75 and in particular to furnish                    Article 1 :
proof of previous activities of a kind having enabled
them to acquire appropriate experience ;                              — World Food Programme (WFP),
                                                                      — International Committee of the Red Cross (ICRC),
Whereas the recipient countries must be required to                   — United Nations Children 's Fund ( UNICEF),
give an undertaking not to use the product in a                       — United       Nations   Relief    and    Work    Agency
manner likely to disturb normal trading relations ;                       ( UNRWA),
                                                                      — United      Nations    Disaster   Relief   Organization
                                                                          ( UNDRO),
Whereas, in order to prevent the goods from being                     — United Nations High Commission for Refugees
diverted from their intended destination , provision                      ( UNHCR),
should be made for the giving of a security and for                   — CARITAS ,
the product to be placed from the time it is removed                  — World Council of Churches .
from storage until it leaves the Community under
customs control or under a form of administrative
control offering equivalent safeguards ;
                                                                                              Article J
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­                     International organizations not listed in Article 2
ment Committee for Milk and Milk Products ,                           wishing to benefit from the provisions of Regulation
                                                                      ( EEC) No 155/ 75 must submit to the Commission an
(') OJ No L 148 , 28 . 6 . 1968 , p. 11                               application for approval and supply, together with
(*) OJ No L 52, 28 . 2 . 1975, p . 8 .                                supporting documents establishing that they fulfil the
(3 ) OJ No L 19 , 14 . 1 -. 1975 , p . 3 .                            requirements laid down in Article 1 (a).
 ---pagebreak--- 8 . 3 . 75                          Official Journal of the European Communities                           No L 63 / 19
                         Article 4                            (d) in packing bearing in letters not less than 1 cm
                                                                    high one or more of the following inscriptions :
 1.     Non-profit-making bodies and associations
wishing to benefit from the provisions of Regulation                 Skimmed-milk powder for free distribution under
( EEC) No 1 55/75 must submit to the intervention                   Regulation (EEC) No 155/75',
agency concerned an application for approval,                       Lait ecreme en poudre destiné à une livraison gra­
together with supporting documents establishing that               tuite au titre du règlement (CEE) n0 155/75',
they fulfil the requirements laid down in Article 1 (b),           Magermilchpulver zur kostenlosen Lieferung
in particular as regards :                                         gemaft der Verordnung (EWG) Nr. 155/75',
                                                                    Latte scremato in polvere destinato ad una forni­
— their legal status, their field of activity and their             tura gratuita conformemente al regolamento (CEE)
     object ;                                                       n . 155/75',
— their previous experience as regards food aid .                    Magere-melkpoeder bestemd voor gratis levering,
                                                                   volgens Verordening (EEG) nr. 155/75',
2. The intervention agency shall forthwith forward                 'Skummetmælkspulver bestemt for gratis levering i
the application and supporting documents to the                     overensstemmelse med forordning ( EØF) nr.
Commission .                                                        155/ 75'.
                         Article 5
                                                                                         Article 7
 1.     International organizations and non-profit­
making bodies and associations (hereinafter called             1.      Every recipient country shall give an under­
' recipient agencies') shall together with their applica­      taking to use for human consumption the product
tions for skimmed-milk powder also submit a detailed           received as aid and to take all measures necessary to
 plan for the use of the skimmed-milk powder which             ensure that :
they wish to purchase .
                                                               — deliveries of food aid do not replace normal
They shall in particular specify the amount to be allo­             commercial transactions ;
cated to each recipient country and the form in which
 the product is to be used in that country.                    — products received as aid or products derived there­
                                                                    form are not re-exported ;
 2. The Commission , acting in accordance with the             — for a period of six months from the date of
 procedure laid down in Article 30 of Regulation ( EEC)             delivery of the final consignment of aid, no
 No 804/ 68 , shall decide on applications for approval             product produced locally of the same nature as
 and supply and, having regard to the economic situa­               that received as aid or derived from such local
 tion in the recipient country or countries proposed, to            product is exported whether by way of trade or
 their actual needs and to the amounts already allo­                otherwise .
 cated or to be allocated as food aid , shall determine
 the quantities to be made available, designate the inter­
 vention agency which is to conclude the contract of           2. This undertaking shall be conformed by a certifi­
 sale and supply the skimmed-milk powder and lay               cate issued to the recipient agency in question by the
 down any special arrangements required for the taking         competent authorities of the recipient country.
 over of the goods .
                                                                                         Article 8
                          Article 6
 The skimmed-milk powder shall be sold :                        1 . The recipient agency shall take delivery of the
                                                               skimmed-milk powder not later than three months
 (a) in quantities of not less than 10 metric tons ;           from the end of the month in which the contract of
 (b) at a price of 44-35 units of account per 100 kilo­        sale is concluded . Delivery may be taken by instal­
                                                               ments .
     grammes ex-intervention agency store, this
     amount ' being multiplied in the case of the
      Benelux countries by the factor 1-00725 ;                Except in case of force majeure, the contract of sale
                                                               shall be terminated in respect of any quantity of skim­
 (c) to purchasers :                                           med-milk powder of which the purchaser fails to take
     — who submit a certificate as specified in Article        delivery within the above period .
          7 2,
     — who undertake to distribute it, free of charge          2.      Prior to taking delivery of each amount the recip­
          and within not more than four months from            ient agency shall :
          the date on which they take delivery of the
          quantity purchased , in the non-member recip­        — pay the intervention agency for the amount in
          ient country or countries named in their appli­            question ;
          cation ;                                             — furnish security equal to the price paid .
 ---pagebreak--- No L 63 /20                       Official Journal of the European Communities                            8 . 3 . 75
                       Article 9                                                    Article 10
1 . The security referred to in Article 8 (2) shall at        1 . The skimmed-milk powder shall from the time
the option of the Member State concerned be in the           it is taken over until it is removed from the geogra­
form of a cheque made out in favour of the interven­         phical territory of the Community be placed under
tion agency or in the form of a guarantee fulfilling the     customs control or under a form of administrative
requirements laid down by that Member State .                control offering equivalent safeguards.
2.    Except in a case of force majeure, the security        2.     Customs export formalities shall be completed
shall be released only in respect of those quantities as     in the Member State in which the powder is sold .
to which recipient agency furnishes proof establishing
that they have left the geographical territory of the                               Article 11
Community and been put into free circulation in the
recipient country.                                           No refund may be granted in respect of products
                                                             exported pursuant to this Regulation . The monetary
3 . The proof referred to in paragraph 2 shall be            compensatory amounts fixed pursuant to Regulation
furnished as prescribed in the case of export refunds .      (EEC) No 974/71 shall be multiplied by the factor 0-5 .
4.    In a case of force majeure, the intervention                                  Article 12
agency shall decide on the measures to be taken
having regard to the circumstances invoked and shall         This Regulation shall enter into force on 10 March
forthwith inform the Commission thereof .                    1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 7 March 1975 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission