CELEX: 31978R2728
Language: en
Date: 1978-11-23 00:00:00
Title: Commission Regulation (EEC) No 2728/78 of 23 November 1978 temporarily derogating from Regulation (EEC) No 2213/76 on the sale of skimmed-milk powder from public storage

24. 11 . 78                            Official Journal of the European Communities                         No L 329/ 11
                                  COMMISSION REGULATION (EEC) No 2728/78
                                                    of 23 November 1978
              temporarily derogating from Regulation (EEC) No 2213/76 on the sale of skim­
                                         med-milk powder from public storage
THE COMMISSION OF THE EUROPEAN                                    HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European                                      Article 1
Economic Community,
                                                                 As regards contracts of sale concluded pursuant to
Having regard to Council Regulation (EEC) No                      Regulation (EEC) No 2213/76 during the period 27
804/68 of 27 June 1968 on the common organization                 November to 22 December 1978, the following
of the market in milk and milk products (*), as last              special provisions shall apply :
amended by Regulation (EEC) No 1761 /78 (2), and in
particular Article 7 (5) thereof,                                 1 . by way of derogation from Article 1 of Regulation
                                                                      (EEC) No 2213/76, skimmed-milk powder put up
Whereas Commission Regulation (EEC) No                                for sale must have entered into storage before 1
2213/76 (3), as last amended by Regulation (EEC) No                   July 1978 ;
344/78 (4), fixed the selling price of skimmed-milk
powder at a price equal to the purchasing price                   2. by way of derogation from Article 2 ( 1 ) (a) of the
applied by the intervention agencies plus an amount                   said Regulation, the selling price ex storage depot
of two units of account per 100 kilograms, in order to                shall be equal to the purchasing price applied by
promote the disposal of that product ;                                the intervention agencies at the time of the conclu­
                                                                      sion of the contract of sale, plus one unit of
Whereas at present on the skimmed-milk powder                         account per 1 00 kilograms ;
market demand is relatively high, mainly for animal               3. by way of derogation from Article 3 ( 1 ) of the said
feed ; whereas, in view of the fact that the powder is to             Regulation, the purchaser shall take delivery, not
be used for this purpose, provision should be made,                   later than 29 December 1978, of the skimmed­
during the period in which production of fresh                        milk powder purchased by him.
powder is more limited, for a reduction in price, in so
far as is compatible with the costs of private storage,
and a decrease in the age of the product ;                                                 Article 2
Whereas the measures provided for in this Regulation              This Regulation shall enter into force on the day of its
are in accordance with the opinion of the Manage­                 publication in the Official Journal of the European
ment Committee for Milk and Milk Products,                        Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
               Done at Brussels, 23 November 1978 .
                                                                            For the Commission
                                                                              Finn GUNDELACH
                                                                                 Vice-President
(») OJ  No  L 148, 28. 6. 1968, p. 13.
(2) OJ  No  L 204, 28 . 7. 1978, p. 6.
(3) OJ  No  L 249, 11 . 9. 1976, p. 6.
(*) OJ  No  L 49, 21 . 2. 1978, p. 8 .