CELEX: 31974R2609
Language: en
Date: 1974-10-14 00:00:00
Title: Regulation (EEC) No 2609/74 of the Commission of 14 October 1974 on the sale for export of skimmed-milk powder held by intervention agencies

15 . 10 . 74                                 Official Journal of the European Communities                          No L 278 /7
                                REGULATION (EEC) No 2609/74 OF THE COMMISSION
                                                           of 14 October 1974
                on the sale for export of skimmed-milk powder held by intervention agencies
THE COMMISSION OF THE EUROPEAN                                          Whereas the Management Committee for Milk and
COMMUNITIES,                                                            Milk Products has not delivered an opinion within the
                                                                        time limit set by its Chairman ,
Having regard to the Treaty establishing the European
Economic Community ;
Having regard to Council Regulation (EEC) No                            HAS ADOPTED THIS REGULATION :
804/68 (') of 27 June 1968 on the common organiza­
tion of the market in milk and milk products, as last
amended by Regulation (EEC) No 662/74 (2), and in                                               Article 1
particular Articles 7 (5) and 28 thereof ;
Whereas large quantities of skimmed-milk powder are                     The intervention agencies shall offer for sale, on the
currently held in public storage in the Community ;                     terms hereinafter set out, skimmed-milk powder
whereas steps should be taken to sell these stocks                      bought in under Article 7 of Regulation ( EEC) No
where outlets for this product exist ;                                  804/68 and placed in storage after 31 March 1974 but
                                                                        before the date on which       the contract   of sale  is
                                                                        conducted .
Whereas there are outlets for the exportation of skim­
med-milk powder to third countries under long-term
contracts ; whereas in order to relieve the Community
from the cost of prolonged storage, exporters should                                            Article 2
be allowed to obtain supplies from the intervention
agencies ;                                                               1.   The skimmed-milk powder shall be sold :
Whereas Article 5 (2) of Council Regulation ( EEC) No                   (a) ex-storage depot at a price which in the case of
 1014/ 68 (3 ) of 20 July 1968 laying down general rules                    contracts concluded during the month of October
for the public storage of skimmed-milk powder, as last                       1974 shall be equal to the buying-in price applied
amended by Regulation ( EEC) No 121 1 / 69 (4),                             by the relevant intervention agency at the time
provides that the selling price of skimmed-milk                             when the contract is concluded ;    .
powder held in public storage must be higher than
the intervention price by an amount to be determined                    (b) in lots of 2 000 metric tons or more ;
by reference to the market situation and to storage                     (c) to purchasers who
costs ; whereas on the basis of those criteria the selling
price for the month of October 1974 should be fixed                         — can produce evidence of a contract concluded
at the level of the intervention price applicable with                          on or after 7 October 1974 whereby they have
effect from 7 October 1 974 ; whereas the selling                               undertaken to deliver to a third country over a
prices applicable after this month should be fixed                              period of not less than five months a quantity
having regard in particular to the trend of the market ;                        of at least 2 000 metric tons of skimmed-milk
                                                                                powder,
Whereas the terms of sale, and in particular time                           — give an undertaking that they will , within a
limits for payment and taking delivery in respect of                            period not exceeding twelve months calculated
skimmed-milk powder purchased , must be specified ;                             from the date on which the contract with the
having regard to the special conditions governing long­                         intervention agency is concluded , export to the
term contracts and to the need to ensure to purchasers                          country of destination specified in the contract
a continuous supply ; whereas provision should also                             referred to in the preceding indent the quan­
be made for the giving of security calculated to ensure                         tity purchased for the purposes of that
that exportation takes place as prescribed ;                                    contract ;
Whereas, in order that it may keep the operation of                     (d) in packaging marked, in letters at least 2 cm high ,
these arrangements under observation , the Commis­                          with one or more of the following expressions :
sion must be informed at regular intervals of the quan­
tities sold ;                                                               — ' Lait ecreme en poudre destine a ['exportation
                                                                                conformement au reglement (CEE) n°
(')  OJ  No   L 148 , 28 . 6 . 1968 , p. 13 .                                   2609 / 74',
(2 ) OJ  No   L 85 , 29 . 3 . 1974, p. 51 .
(3)  OJ  No   L 173 , 22 . 7 . 1968 , p. 4 .                                — 'Magermilchpulver fiir die Ausfuhr gemafi der
(4 ) OJ  No   L 155 , 28 . 6 . 1969 , p. 13 .                                   Verordnung ( EWG ) Nr. 2609 / 74',
 ---pagebreak--- No L 278 /8                         Official Journal of the European Communities                              15 . 10 . 74
    — ' Latte scremato in polvere destinato all esporta­      — the date up to which storage costs as referred to in
        zione conformemente al regolamento (CEE) n .                paragraph 2 have been reimbursed for the quantity
        2609/74',                                                   concerned .
    — 'Magere-melkpoeder bestemd voor uitvoer,
        volgens Verordening (EEG) nr. 2609/74',                5.     Except in case of force majeure, if the buyer fails
                                                               to take over the skimmed-milk powder within the
    — 'Skimmed-milk powder for export pursuant to              period specified in paragraph 1 , the contract shall be
         Regulation (EEC) No 2609/74',                         terminated in respect of the quantities outstanding.
    — 'Skummetmaelkspulver bestemt for eksport i
         overensstemmelse med forordning (E0F) nr.             In such cases, the security for export provided
         2609 /74'.                                            pursuant to Article 2 (2) shall in respect of those quan­
                                                               tities be forfeit in an amount equal to the amount of
2. The sale by the intervention agency of the skim­            the storage costs as referred to in paragraph 2 incurred
med-milk powder shall be subject to provision by the           up to the date of termination of the contract.
purchases, on or before conclusion of the contract of
sale, of security for export in an amount of 10 units of       6 . The purchaser shall in respect of any instalment
account per 100 kilogrammes .                                  of skimmed-milk powder of which he takes delivery
                                                               pursuant to paragraph 1 make payment to the inter­
Such security shall be given at the option of the
                                                               vention agency within four months of so taking
Member State either in the form of a cheque made
                                                               delivery.
out in favour of the intervention agency, or in the
form of a guarantee satisfying the requirements laid          This period shall be calculated as follows :
down by the Member State concerned .
                                                              — if delivery is taken between the 1st and 15th inclu­
                         Article 3                                  sive of the month ; from the 15th of that month,
                                                               — if delivery is taken between the 16th and the last
1 . The purchaser shall , before the end of the                     day of the month ; from the last day of that
seventh month following that in which the contract of               month .
purchase is concluded, take delivery of all the skim­
med-milk powder purchased by him . This operation
                                                                                       Article 4
may be effected by instalments.
2.    Costs in respect of storage for the period                1.    From the time of its removal from store until it
running from the end of the month following that in            leaves the geographical territory of the Community
which the contract of purchase is concluded until the          the skimmed-milk powder shall be placed under
date when the purchaser takes delivery shall be reim­          customs control or under an administrative control
bursed by him to the intervention agency at the rate           offering equivalent safeguards .
of 0-021 unit of account per 100 kilogrammes per day.
                                                               2. The customs formalities on exportation shall be
3.     Before taking delivery of any quantity, the             completed in the Member State of sale .
purchaser shall
— reimburse to the intervention agency the costs of                                    Article 5
    storage as referred to in paragraph 2 in respect of
    the quantity concerned ,                                    1.    Save as provided in the second subparagraph of
— provide security in the amount of 83 units of                Article 3 (5) or in case of force majeure, the security
    account per 100 kilogrammes as a guarantee that            for export provided pursuant to Article 2 (2) shall be
    he will make payment for the skimmed-milk                  discharged only in respect of those quantities as to
    powder in accordance with paragraph 6. Such secu­          which the purchaser furnishes proof that they have
    rity shall be in one of the forms provided for in          been exported as prescribed in the second indent of
    the second subparagraph of 2 (2). It shall not be          Article 2 ( 1 ) (c).
    discharged until payment has been made in accor­
    dance with paragraph 6.                                    2.     This proof shall be furnished as follows :
4. When the conditions laid down in paragraph 3                — where the product leaves the geographical territory
have been fulfilled , the intervention agency shall issue
                                                                    of the Community from the territory of the
                                                                    Member State of sale , by production of a customs
a removal order indicating :
                                                                    document certifying that the product has so left
— the quantity in respect of which the security                     and stating that exportation has taken place in
    referred to in the second indent of paragraph 3                 accordance with this Regulation ,
    has been given ,                                           — where the product leaves the geographical territory
— the storage depot where the quantity concerned is                 of the Community from the territory' of a Member
    stored ,                                                        State other than the Member State of sale , by
— the final date pursuant to paragraph 1 for taking                 production of the control copy provided for in
    delivery of the skimmed-milk powder,                            Article 1 of Regulation ( EEC) No 2315 / 69 .
 ---pagebreak--- 15 . 10 . 74                      Official Journal of the European Communities                         No L 278 / 9
Sections 101 , 103 and 104 of the control copy shall be      med-milk powder in respect of which contracts of sale
completed . Section 104 shall be completed by                have been concluded under this Regulation during the
deleting as necessary and entering against the second        proceeding week, indicating for each quantity the
indent one of the endorsements set out in Article 2 ( 1 )    country of destination and the delivery period pres­
(d) of the present Regulation .                              cribed by the contract referred to in Article 2 ( 1 ) (c).
The provisions of Article 3 with the exception of the
second indent of the first subparagraph of paragraph 1
thereof and Article 4 of Regulation No 1041 /67/ EEC
shall apply mutatis mutandis.                                                        Article 7
                       Article 6
                                                             This Regulation shall enter into force on the day
The Member States shall inform the Commission by             following its publication in the Official Journal of
the Tuesday of each week of the quantities of skim­          the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 14 October 1974 .
                                                                      For the Commission
                                                                          The President
                                                                     Francois-Xavier ORTOLI