CELEX: 31972R0442
Language: en
Date: 1972-02-28 00:00:00
Title: Regulation (EEC) No 442/72 of the Council of 28 February 1972 on the supply of milk products as food aid

Official Journal of the European Communities                                    105
 3.3.72                            Official Journal of the European Communities                            No L 54/ 1
                               REGULATION (EEC) No 442/72 OF THE COUNCIL
                                                 of 28 February 1972
                                      on the supply of milk products as food aid
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                     obligations to the World Food Programme in case
                                                              public stocks of the product are such that existing
                                                              measures cannot be applied ; whereas consequently
 Having regard to the Treaty establishing the                 that operation falls within the scope of Community
European Economic Community, and * in particular              rules on the supply of milk products as food aid ;
 Article 43 thereof;
                                                              Whereas delivery f.o.b. must be effected at the best
Having regard to the proposal from the Commission ;           price ; whereas to that end provision should be made
                                                              for a' tendering procedure;
Having regard to the Opinion of the European
Parliament;                                                   Whereas the cost of this operation must be borne by
                                                              the Community ;
Whereas milk products are included in a food aid
programme; whereas, in accordance with its
agreement with the World Food Programme and the                HAS ADOPTED THIS REGULATION :
International Committee of the Red Cross, the
Community has undertaken to supply 35 000 metric
tons of butteroil and 123 000 metric tons of skimmed
                                                                                       Article 1
milk powder to developing countries ; whereas, in
view of the situation on the Community market in
these products at the time of that undertaking, it had        If the skimmed milk powder in public storage in the
been expected that delivery would be effected by              Community as a result of buying-in by intervention
drawing on the considerable public stocks of                  agencies is insufficient to permit delivery to the
skimmed milk powder held as a result of market                World Food Programme or to the International
interventions ;                                               Committee of the Red Cross of the quantities of
                                                              skimmed milk powder to be supplied under the
Whereas developments on the Community market in               agreements concluded, supplies shall be ensured by
skimmed milk powder have led to a considerable                purchasing skimmed milk powder on the Community
reduction in market interventions and consequently            market. These purchases shall be so made that the
in public stocks ; whereas, therefore, provision should       normal trend of prices on that market is not
be made for measures, to be implemented as the need           disturbed .
arises, ensuring the availability of the quantities
which remain to be delivered;
                                                                                       Article 2
Whereas private stocks of milk powder are held in
the Community and therefore substantial supplies              In pursuance of Article 1 :
should be available when production is resumed ;
whereas provision should therefore be made for                ( a ) an amount determined by a tendering procedure
purchasing skimmed milk powder for food aid on the                  shall be paid for the purchase and delivery f.o.b.
Community market;                                                   of skimmed milk powder. The amount shall be
                                                                    paid to the successful tenderer;
Whereas the purpose of the operation is to enable the
Community, while taking into account the supplies of          ( b ) as regards the World Food Programme a fixed
the product available to it and the need to prevent                 contribution shall be granted towards the costs
disturbances on the Community market, to meet its                   of dispatch and distribution ; as regards the
 ---pagebreak--- 106                                Official Journal of the European Communities
     International Committee of the Red Cross any                                    Article 5
     costs of dispatch borne by the Committee shall
     be refunded to it.                                       On the basis of Member States' forecasts of financial
                                                              requirements the Commission shall, after consulting
                                                              the EAGGF Committee, decide on advances to cover
                        Article 3                             the expenditure referred to in Article 2.
                                                              The    Commission     shall   check   Member     States'
Detailed rules for the application of Articles 1 and 2
shall be adopted in accordance with the procedure             accounts annually on the basis of the supporting
laid down in Article 30 of Council Regulation (EEC)           statements provided by those States.
No 804/68 1 of 27 June 1968 on the common
organization of the market in milk and milk                   Detailed rules for the application of this Article shall
products, as last amended by Regulation (EEC) No              be adopted, if required, in accordance with the
1410/71 .2                                                    procedure laid down in Article 13 of Council
                                                              Regulation (EEC) No 729/703 of 21 April 1970 on
                                                              the financing of the common agricultural policy.
                        Article 4
                                                                                     Article 6
Expenditure arising out of the implementation of this
Regulation shall be charged to Title 9, 'Food Aid and         This Regulation shall enter into force on the third
Other Expenditure', of the budget of the European             day following its publication in the Official Journal
Communities .                                                 of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 28 February 1972 .
                                                                                    For the Council
                                                                                     The President
                                                                                      G. THORN
1 OJ No L 148, 28.6.1968, p. 13.                              3 OJ No L 94, 28.4.1970, p. 13 .
2 OJ No L 148, 3.7.1971, p. 3.