CELEX: 31974R1826
Language: en
Date: 1974-07-11 00:00:00
Title: Regulation (EEC) No 1826/74 of the Council of 11 July 1974 laying down the general rules for the supply of skimmed-milk powder as food aid to certain developing countries and international organizations

No L 190 / 20                          Official Journal of the European Communities                             13 . 7 . 74
                              REGULATION (EEC) No 1826/74 OF THE COUNCIL
                                                       of 11 July 1974
               laying down the general rules for the supply of skimmed-milk powder as food
                     aid to certain developing countries and international organizations
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, to carry out emergency operations by private
thereof ;                                                         contract ;
Having regard to Council Regulation (EEC) No                      Whereas it is desirable that the rules for the applica­
804/ 68 (*) of 27 June 1968 on the common organiza­
                                                                  tion of the * measures laid down for buying-in
tion of the market in milk and milk products, as last
                                                                  skimmed-milk powder on the market should be
amended by the Act of Accession, and in particular                adopted in accordance with the procedure laid down
Article 7 (4) thereof ;
                                                                  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 ;
Whereas certain developing countries and interna­                 HAS ADOPTED THIS REGULATION :
tional organizations have indicated their requirements
in high-protein milk products ; whereas these high­
protein products may be supplied in the form of                                           Article 1
skimmed-milk powder — produced within the
 Community — which meets certain quality stand­                   There shall be made available to certain developing
ards ;                                                             countries and international organizations 41 000
                                                                   metric tons of skimmed-milk powder as food aid .
Whereas the supply of skimmed-milk powder must
 take    into account   the   amounts      of skimmed-milk
 powder available in the Community and the necessity                                      Article 2
 of not disrupting market conditions ;
                                                                   1 . The skimmed-milk powder referred to in Article
 Whereas the amounts available enable 41 000 metric
                                                                   1 shall be bought in accordance with Article 7 ( 1 ) of
 tons of skimmed-milk powder to be supplied ;                      Regulation (EEC) No 804/68 .
 whereas, in addition, there is some mobility in the
 distribution of the amounts available between public              2.    If the amounts of skimmed-milk powder in
 stocks and private stocks, according to market develop­           public stocks are insufficient to supply the quantities
 ments and by reason of common organization of the                 provided for in Article 1 or if they do not have the
 market, since the latter provides for a seasonal varia­           characteristics necessary for their particular destina­
 tion in prices such as to maintain private stocks at a            tion where this requires, in particular, other forms of
 relatively high level ;                                           packing or the addition of vitamins or other additives,
                                                                   supplies shall be ensured by the buying-in of
 Whereas, taking into account the situation on the
                                                                   skimmed-milk powder on the Community market.
  Community market in skimmed-milk powder, and
 the need to deliver certain supplies as a matter of               Buying-in shall be done in such a way as not to
                                                                   disturb the normal development of prices on the
 urgency and to ensure that supplies are delivered regu­           market.
 larly, arrangements should be made for the skimmed­
  milk powder to be supplied as food aid, depending on
  the amount available, either by drawing on stocks                                        Article 3
  held by the intervention agencies or by buying-in the
  product on the Community market ;                                For the purposes referred to in Article 1 :
  Whereas, in order to enable the aid to be used effec­            (a) the cost of the skimmed-milk powder, delivered to
  tively, arrangements should be made to finance                        fob or a corresponding stage, shall be financed by
  certain costs incurred in the transport and distribution              the Community ;
  of the goods ;
                                                                   (b) in exceptional cases, the Community may also
  0) OJ No L 148 , 28 . 6 . 1968 , p. 13 .                             wholly or partially finance on the basis of a unani­
 ---pagebreak--- 13 . 7. 74                          Official Journal of the European Communities                         No L 190/ 21
     mous decision of the Council, on a proposal from               tions under Title 9 ' Food aid and other expendi­
     the Commission :                                               ture' of the budget of the European Communities ;
     — shipment to the frontier of the country and,            (b) advances intended to cover expenditure incurred
         possibly, to the place(s) of destination, and              under Article 2 (2) and Article 3 shall be decided
     — distribution , where the goods are distributed by            upon by the Commission on the basis of estimates
         an international organization .                            of the financial requirements of the Member States
                                                                    and after consultation of the Committee of the
                         Article 4                                  European Agricultural Guidance and Guarantee
                                                                    Fund .
The costs referred to in Article 3 (b) shall, where the
supply agreement so provides, be paid as a whole or            2.     The Commission shall audit the accounts of the
partial lump-sum contribution to the country or organ­         Member States annually on the basis of the explana­
ization of destination .                                       tory statements which the latter shall submit to it.
                         Article 5                             3 . The implementing procedures for this Article
                                                               shall be adopted, if necessary, in accordance with the
For delivery of skimmed-milk powder to fob or a                procedure laid down in Article 13 of Council Regula­
corresponding stage and, where relevant, for its ship­         tion (EEC) No 729 /70 (») of 21 April 1970 on the
ment and its purchase on the Community market,                 financing of the common agricultural policy.
invitations to tender shall be issued, without prejudice
to Article 4, except in the case of emergency aid,
where private contracts may be negotiated .                                              Article 8
                         Article 6                              In accordance with the voting procedure laid down in
                                                               Article 43 (2) of the Treaty, the developing countries
The decision to apply Article 2 (2) shall be taken and          and the organizations which are to receive the aid,
the procedures for implementing Article 2 (2) and               together with the quantity to be allocated to each ,
Article 5 shall be adopted in accordance with the               shall be determined by the Council acting on a pro­
procedure laid down in Article 30 of Regulation (EEC)           posal from the Commission .
No 804/ 68 .
                         Article 7                                                       Article 9
 1.    In the eventuality referred to in Article 2 (2) :       This Regulation shall enter into force on the third day
(a) expenditure resulting from implementation of this           following its publication in the Official Journal of
      Regulation shall be charged against the appropria­        the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 1 1 July 1-974.
                                                                             For the Council
                                                                               The President
                                                                          J. SAUVAGNARGUES
                                                                (>) OJ No L 94, 28 . 4 . 1970 , p. 13 .