CELEX: 31976R0231
Language: en
Date: 1976-02-03
Title: Commission Regulation (EEC) No 231/76 of 2 February 1976 on the sale of skimmed-milk powder at a reduced price for export for use as feed

3 . 2 . 76                                Official Journal of the European Communities                               No L 28 / 9
                                        COMMISSION REGULATION ( EEC) No 231 / 76
                                                          of 2 February 1976
               on the sale of skimmed-milk powder at a reduced price for export for use as
                                                                  feed
 THE COMMISSION OF THE EUROPEAN                                          skimmed-milk powder for use as feed in the country
 COMMUNITIES,                                                            of destination ( 7) ;
                                                                         Whereas , in order to ensure that the skimmed-milk
  Having regard to the Treaty establishing the European                  powder is not diverted from its entended destination ,
  Economic Community,                                                    provision should be made for security to be given
                                                                         such as will guarantee compliance with the obligation
  Having regard to Council Regulation ( EEC) No                          to have the product exported and incorporated in
 804/68 of 27 June 1968 on the common organization                       animal feed ;
 of the market in milk and milk products (') as last
 amended by Regulation ( EEC) No 740/75 (2 ), and in                     Whereas the Management Committee for Milk and
 particular Articles 7 ( 5) and 28 thereof,                              Milk Products has not delivered an opinion within the
                                                                         time limit set by its Chairman ;
 Whereas, under Council Regulation ( EEC) No
 2808 /75 of 29 October 1975 laying down special                         HAS ADOPTED THIS REGULATION :
 measures for the disposal , with a view to its incorpora­
 tion in compound feedingstuffs, of skimmed-milk
                                                                                                   Article 1
 powder held in public storage (3), skimmed-milk
 powder held by intervention agencies and put into                      There shall be put for sale, on the terms hereinafter
 storage before 1 April 1974 may be sold at a reduced                   set out, skimmed-milk powder bought in pursuant to
 price ; whereas approximately 50 % of the quantity in                  Article 7 ( 1 ) of Regulation ( EEC) No 804/68 and taken
 question is to be sold for export in the form of                        into storage after 31 May 1973 and before 1 October
 compound feedingstuffs ; whereas, now that the tender                   1973 .
 carried out in accordance with the provisions of
 Commission Regulation ( EEC) No 3178 / 75 of 4
                                                                                                   Article 2
 December 1975 on the sale by tender of skimmed­
 milk powder at a reduced price for export in the form                  The skimmed-milk powder in question shall be used
of compound feedingstuffs (4 ) has given an indication
                                                                        for animal feed ; it shall be exported within two
as to the level of prices, it is possible to provide for
                                                                        months from the day on which the purchaser takes
sale at a fixed price ;
                                                                        delivery . It shall be so exported , either :
Whereas , in order to ensure that the skimmed-milk                      (a) after being denatured in accordance with Article 2
powder is used for feed , provision should be made for                        of Regulation ( EEC) No 990 / 72 ; or
 it to be denatured in accordance with Article 2 of                     (b) if it is not denatured , in accordance with the provi­
Commission Regulation ( EEC) No 990/ 72 of 15 May                             sions of Regulation ( EEC) No 196/76 .
 1972 on detailed rules for granting aid for skimmed
milk processed into compound feedingstuffs and for                                                 Article 3
skimmed-milk powder for use as feed ( 5 ), as last
amended by Regulation ( EEC) No 453 /73 ( fa) ;                          1 . The skimmed-milk powder shall be sold ex
whereas, however, in certain importing countries the                    storage depot, at a price equal to the buying-in price
technical conditions of feed manufacture could make                     applicable by the intervention agency in question on
the use of denatured skimmed-milk powder difficult ;                    the day of sale , less 5-0 units of account per 100 kilo­
whereas provision should therefore be made , subject                   grammes .
to certain guarantees, to permit the export of undena­
tured skimmed-milk powder in accordance with the                       The skimmed-milk powder may not be sold in quanti­
                                                                        ties of less than 200 metric tons .
provisions laid down in Commission Regulation
( EEC) No 196/76 of 29 January 1976 laying down                         2.      The purchaser shall pay for skimmed-milk
special rules governing the payment of the refund for                   powder before taking delivery thereof.
  ') OJ No L 148 , 28 . 6 . 1968 , p . 13 .                             3.      The purchaser shall take delivery within 30 days
 : ) O'l No L 74, 22 . 3 . 1975 , p . 1 .                               from the date of the contract of sale of all the skim­
 ■') O) No L 280 , 31 . 10 . 197S, p . 2.                               med-milk powder purchased by him .
 ■>) OJ No L 315 , 5 . 12 . 1975 , p . 15.
 5 ) OJ No L I 15 , 17 . 5 . 1972 , p . 1 .
 b) OJ No L 53 , 26 . 2 . 1973 , p . 4 .                               ( 7 ) OJ No L 23 , 30 . I. 1976, p. 40 .
 ---pagebreak--- No L 28 / 10                       Official Journal of the European Communities                              3 . 2 . 76
4.      Except in the event of force majeure, the             3.    Except in the event of force majeure, the security
contract shall be cancelled in respect of any quantities      shall be released only in respect of those quantities
of which the purchaser has not taken delivery within          exported in accordance with Article 2.
the prescribed period .
                                                                                     Article 5
                        Article 4
                                                              The Member States shall inform the Commission by
1.      Before taking delivery, the purchaser shall give      the Tuesday of each week of the quantities of skim­
security in an amount of eight units of account per           med-milk powder sold during the preceding week .
100 kilogrammes .
2. The security shall take the form , at the option of                               Article 6
the Member State concerned, either of a cheque made
out in favour of the intervention agency or of a              This Regulation shall enter into force on the day
guarantee satisfying the criteria fixed by that Member        following its publication in the Official Journal of
State .                                                       the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 2 February 1976 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                    Member of tin Commission