CELEX: 31974R3236
Language: en
Date: 1974-12-17
Title: Regulation (EEC) No 3236/74 of the Council of 17 December 1974 laying down general rules for the supply of skimmed-milk powder as food aid to the countries of the Sahel and Ethiopia

No L 346/4                             Official Journal of the European Communities                             24 . 12 . 74
                              REGULATION ( EEC) No 3236/74 OF THE COUNCIL
                                                    of 17 December 1974
               laying down general rules for the supply of skimmed-milk powder as food aid to
                                          the countries of the Sahel and Ethiopia
THE COUNCIL OF THE EUROPEAN                                       Whereas the supplies must be delivered at the lowest
COMMUNITIES,                                                      possible price ; whereas in order to achieve that aim, a
                                                                  tendering procedure should be provided for ; whereas,
Having regard to the Treaty establishing the European             however, it may be desirable, in the interests of flexi­
Economic Community, and in particular Article 43                  bility and speed, to have recourse to a different proce­
thereof ;                                                         dure ;
Having regard to Council Regulation ( EEC) No
                                                                  Whereas detailed rules for the application of the
804/68 (') of 27 June 1968 on the common organiza­
                                                                  measures to be taken when skimmed-milk powder is
tion of the market in milk and milk products, as last
                                                                  purchased on the market should be adopted in accor­
amended by Regulation (EEC) No 662/ 74 (2), and in                dance with the procedure laid down in Article 30 of
particular Article 7 (4) thereof ;
                                                                  Regulation (EEC) No 804/68 , as in the case of the
Having regard to the proposal from the Commission ;               rules to be applied where public stocks are used,
Having regard to the Opinion of the European Parlia­
ment ;
                                                                  HAS ADOPTED THIS REGULATION :
Whereas the countries of the Sahel and Ethiopia have
indicated their requirements as regards high-protein
milk products ; whereas these high-protein products
                                                                                          Article 1
may be supplied in the form of skimmed-milk
powder produced within the Community and meeting
certain quality standards ;                                       There shall be made available as food aid to the coun­
                                                                  tries listed below 9 000 metric tons of skimmed-milk
Whereas the supply of skimmed-milk powder must                    powder allocated as follows :
take    into  account   the   amounts      of  skimmed-milk
powder available in the Community and the need to                                                       (metric tons)
avoid disturbing the market ;                                              Upper Volta                      1 300
                                                                           Mali                             1 500
Whereas the amounts at present available enable                            Mauritania                       1 200
9 000 metric tons of skimmed-milk powder to be
                                                                           Niger                            1 250
supplied ; whereas, moreover, there is some mobility
                                                                           Senegal                            500
in distribution as between public stocks and market                        Chad                               500
availabilities ;
                                                                           Ethiopia                         1 600
                                                                           Reserve stock                    1 150
Whereas, in view of the situation on the Community
market in skimmed-milk powder, the urgency of
some of the deliveries and the need to ensure regular
supplies, arrangements should be made for the skim­                                       Article 2
 med-milk powder supplied as food aid to be obtained,
depending on availabilities, either from the stocks                1 . The skimmed-milk powder referred to in Article
 held by the intervention agencies or by purchase on               1 shall be purchased in accordance with Article 7 ( 1 )
 the Community market ;                                           of Regulation ( EEC) No 804/68 .
Whereas part of the quantities thus obtained should
be apportioned among the countries of the Sahel and               2.     If the amounts of skimmed-milk powder in
 Ethiopia and a reserve stock formed for subsequent                public stocks are insufficient to supply the quantities
distribution ;                                                     provided for in Article 1 or if they do not have the
                                                                  characteristics necessary for their particular destina­
Whereas, to enable the aid to be used effectively, arran­          tion where this requires, in particular, other forms of
gements should be made to finance delivery to the                  packing or the addition of vitamins or other additives,
 points of destination ;                                          supplies shall be obtained by the purchase of skim­
                                                                   med-milk powder on the Community market. Such
(') OJ No L 148 , 28 . 6 . 1968 , p. 13 .                          purchase must be made in such a way as to avoid
( 2 ) OJ No L 85 , 29 .   1974, p. 5 .                             disturbing the normal trend of market prices.
 ---pagebreak--- 24 . 12 . 74                      Official Journal of the European Communities                          No L 346/ 5
                        Article 3                            mined by tendering procedure . However, in respect of
                                                             forwarding a different procedure may be adopted .
For the purposes referred to in Article 1 , the cost of
the skimmed-milk powder, its labelling and delivery
to the points of destination and the supply of any vita­
mins to be added to the milk shall be financed by the                                Article 6
Community.
                                                             The decision to apply Article 2 (2) shall be taken and
                        Article 4
                                                             the arrangements for implementing Article 2 (2) and
The costs of forwarding from the cif stage shall be          Article 5 shall be adopted in accordance with the
paid by the Commission in whole or in part directly          procedure laid down in Article 30 of Regulation (EEC)
                                                             No 804/ 68 .
to the country of destination in the form of a
lump-sum contribution where the supply agreement
so provides . In that event the Commission may make
partial advance payments .                                                           Article 7
                        Article 5
                                                             This Regulation shall enter into force on the third day
The expenditure referred to in Article 3 , excluding the     following its publication in the Official Journal of
lump-sum contribution , shall in principle be deter­         the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Membei
              States .
              Done at Brussels, 17 December 1974 .
                                                                        For the Council
                                                                           The President
                                                                          M. DURAFOUR