CELEX: 31978R1442
Language: en
Date: 1978-06-26
Title: Council Regulation (EEC) No 1442/78 of 26 June 1978 laying down general rules for the supply of skimmed-milk powder to India under the 1978 food-aid programme

29 . 6 . 78                                Official Journal of the European Communities                          No L 173 / 9
                                        COUNCIL REGULATION ( EEC) No 1442/ 78
                                                           of 26 June 1978
              laying down general rules for the supply of skimmed-milk powder to India
                                               under the 1978 food-aid programme
THE COUNCIL OF THE EUROPEAN                                           whereas the supplies must be delivered at the
COMMUNITIES ,                                                        cheapest possible price ; whereas in order to achieve
                                                                     that aim , a tendering procedure must be provided for ;
Having regard to the Treaty establishing the European                whereas, however, it may be desirable in the interests
Economic Community, and in particular Article 43                     of speed, in exceptional cases, to have recourse to
thereof,
                                                                     private contracts ;
Having regard to Council Regulation ( EEC) No
804/68 of 27 June 1968 on the common organization                    Whereas it is desirable that the rules for the applica­
of the market in milk and milk products ('), as last                 tion of the measures laid down for buying-in
amended by Regulation ( EEC) No 1 038 /78 (2 ), and in               skimmed-milk powder on the market should be
particular Article 7 (4) thereof,                                    adopted in accordance with the procedure laid down
                                                                     in Article 30 of Regulation ( EEC) No 804/68 , as in
Having regard to the proposal from the Commission ,                  the case of the rules to be applied where public stocks
                                                                     are used ,
Having regard to the opinion of the European Parlia­
ment (3 ),
Whereas India has indicated its requirements in high-
protein milk products ; whereas these high-protein                    HAS ADOPTED THIS REGULATION :
products may be supplied in the form of skimmed-
milk powder produced within the Community and
meeting certain quality standards ;                                                           Article 1
Whereas the supply of skimmed-milk powder must
take    into account      the   amounts       of  skimmed-milk       An additional quantity of 25 000 tonnes of skimmed-
powder available in the Community and the need not                    milk powder shall be made available to India under
to disrupt market conditions ;                                       the 1978 food-aid programme .
Whereas an overall quantity of 31 000 tonnes of
skimmed-milk powder should be granted to India                                                Art idi' 2
under the 1978 food-aid programme ; whereas, under
the same programme , Regulation ( EEC) No 828 /78 (4 )
has already provided for a first supply of 6 000 tonnes               1.    The skimmed-milk powder referred to in Article
of skimmed-milk powder to India ;                                     1 shall be purchased in accordance with Article 7 ( 1 )
                                                                     of Regulation ( EEC) No 804/ 68 .
Whereas the amounts available at present enable an
additional quantity of 25 000 tonnes of skimmed-milk                  2.    If the amounts of skimmed-milk powder in
powder to be supplied under the 1978 food-aid                         public stocks are insufficient to supply the quantities
programme ;                                                           provided for in Article 1 , or if they do not have the
                                                                      characteristics necessary for their particular destina­
Whereas, if the quantities of skimmed-milk powder in
                                                                      tion where this requires, in particular, other forms of
public stocks are insufficient for the delivery of the
abovementioned amount, or if they do not have the                     packing or the addition of vitamins or other additives,
characteristics necessary for their particular destina­               supplies shall be ensured by the buying-in of
tion where this requires in particular other forms of                 skimmed-milk powder on the Community market .
packing or the addition of vitamins or other additives,               Buying-in shall be done in such a way as not to
supplies must be ensured by the buying-in of                          disturb the normal development of prices on the
                                                                      market .
skimmed-milk powder on the Community market ;
Whereas , in order to enable the aid to be used effec­
tively, arrangements should be made to finance                                                Article J
certain transport costs ;
                                                                      For the purposes of Article 1 , the value at the port of
(') O ) No L 1 48 , 28 . 6 . 1968 , p. 13 .
O OJ No L 134, 22 . 5 . 1978 , p. 4.                                  unloading of the products supplied , up to an amount
(') OJ No C 36, 13 . 2 . 1978 , p. 53 .                               corresponding to the quantity laid down in Article I ,
(4 ) OJ No L 1 15 , 27 . 4 . 1978 , p. 3 .                            shall be financed by the Community .
 ---pagebreak--- No L 173 / 10                      Official Journal of the European Communities                           29 . 6 . 78
                        Article 4                            Article 4 shall be adopted in accordance with the
                                                              procedure laid down in Article 30 of Regulation (EEC)
For delivery of skimmed-milk powder to the port of            No 804/ 68 .
unloading and for its purchase on the Community
market , invitations to tender shall be issued , save in
exceptional cases where private contracts are negoti­
ated .                                                                               Article 6
                        A rticle 5
                                                             This Regulation shall enter into force on the third day
The decision to apply Article 2 (2) shall be taken and       following its publication in the Official Journal of
the procedure for implementing this paragraph and             the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Luxembourg, 26 June 1978 .
                                                                         For the Council
                                                                           The President
                                                                        K. B. ANDERSEN