CELEX: 31972R2721
Language: en
Date: 1972-12-19 00:00:00
Title: Regulation (EEC) No 2721/72 of the Council of 19 December 1972 on the supply of skimmed-milk powder as food aid

28                               Official Journal of the European Communities
No L 291/28                      Official Journal of the European Communities                       28.12.72
                      REGULATION (EEC) No 2721/72 OF THE COUNCIL
                                              of 19 December 1972
                            on the supply of skimmed-milk powder as food aid
THE COUNCIL OF THE EUROPEAN COMMUNI­                       powder and the need to deliver certain supplies
TIES,                                                      as a matter of urgency and to ensure that
                                                           supplies are delivered regularly, arrangements
Having regard to the Treaty establishing the               should be made for skimmed-milk powder to
European Economic Community, and in par­                   be supplied as food aid, depending on the
ticular Article 43 thereof,                                amounts available, either by drawing on stocks
                                                           held by the intervention agencies or by buying-in
Having regard to Council Regulation (EEC)                  the product on the Community market;
No 804/68 of 27 June 1968 on the common
organisation of the market in milk and milk                Whereas , in order to enable the aid to be used
products,1 as last amended by Regulation (EEC)             effectively, arrangements should be made to
No 141 1/71 ,2 and in particular Article 7 (4)             finance certain costs incurred in the transport
thereof,                                                   and distribution of the goods ;
Having regard to the proposal from the Com­                Whereas the supplies must be delivered at the
mission,                                                   cheapest possible price; whereas in order to
                                                           achieve this aim a procedure of tendering must
Having regard to the Opinion of the European               be provided for; whereas, however, in respect
Parliament,                                                of emergency operations to be carried out by
Whereas certain developing countries and                   the International Red Cross Committee, it may
certain international organisations have indi­             be desirable, in the interests of speed, to apply
cated their requirements in milk proteins and              a mutual agreement procedure;
whereas these proteins can be supplied in the              Whereas it is desirable that the rules for the
form of skimmed-milk powder produced in                    application of the measures laid down for
the Community which meets certain quality                  buying in skimmed-milk powder on the market
standards;                                                 should be adopted in accordance with the
Whereas the supply of this product must take               procedure laid down in Article 30 of Regulation
into account the amounts of skimmed-milk                   (EEC) No 804/68 , as in the case of the rules to
powder available in the Community and the                  be applied where public stocks are used;
necessity of not disrupting market conditions;
Whereas the amounts available enable 60 000
metric tons of skimmed-milk powder to be                   HAS ADOPTED THIS REGULATION :
supplied; whereas, in addition, there is some
mobility in the distribution of the amounts
                                                                                Article 1
available between public stocks and private
stocks, according to market developments and
by reason of the common organisation of the                There shall be made available to the countries
market, since the latter provides for a seasonal           and international organisations listed below
variation in prices such as to maintain private            60 000 metric tons of skimmed-milk powder,
stocks at a relatively high level;                         allocated as follows :
Whereas, taking into account the situation on                  Republic of Bangladesh 19 450 metric tons
the Community market in skimmed-milk                           Kingdom of Jordan           1 000 metric tons
                                                               Republic of the Lebanon       250 metric tons
1 OJ No L 148, 28.6.1968, p. 13 .
                                                               Egyptian Arab Republic 2 000 metric tons
2 OJ No L 148 , 3.7.1971 , p. 4.                               Republic of Rwanda            750 metric tons
 ---pagebreak---                                Official Journal of the European Communities                              29
    World Food P rogramme                                — for the purposes of emergency operations
       (WFP)                      29 450 metric tons          to be carried out by the IRCC, the mutual
    International !:led Cross                                 agreement procedure may be applied in
       Committee (IRCC)            6 000 metric tons          order to determine the sums referred to in
     United Nations Relief                                    paragraph 1 (b) and (c) on the least exacting
       and Work;? Agency                                      terms;
       (UNRWA)                     1 100 metric tons     — the sums referred to in paragraph 1 (c) shall
                                                              be paid to the organisation or country
                                                              concerned—in the form of a fixed contri­
                       Article 2
                                                              bution or in the form of reimbursement upon
                                                              presentation of documentary proof in
1.     The skimmed-milk powder referred to in                 accordance with the procedure laid down in
Article 1 shall be bought-in in accordance with               the agreements to be concluded with them—
Article 7 ( 1 ) of Regulation (EEC) No 804/68 .               provided that that organisation or that
2.     If the amounts of skimmed-milk powder                  country accepts responsibility for transport.
in public stocks are insufficient to supply the
quantities provided for in Article 1 or if they          3.      The sum referred to in paragraph 1 (d)
do not have the characteristics necessary for            shall be paid to the IRCC in the form of a fixed
                                                         contribution or in the form of reimbursement
their particular destination, supplies shall be
ensured by the buying-in of skimmed-milk                 upon presentation of documentary proof in
powder on the Community market. Buying-in                accordance with the procedure laid down in
shall be done in si.ch a way as not to disturb the       the agreement to be concluded with that
normal development of prices on the market.              organisation.
3 . The buying-in referred to in paragraph 2
shall be carried out in accordance with the
                                                                               Article 4
procedure of tendering.
                                                         The decision to apply the provisions of
                       Article 3                         Article 2 (2) and the procedures for imple­
                                                         menting Article 2 (2) and (3), and when
1 . For the purposes referred to in Article 1 :          Article 2 (2) is applied, Article 3 (2) shall, be
(a) as regards food aid to the WFP,                      adopted in accordance with the procedure laid
                                                         down in Article 30 of Regulation (EEC)
    — a sum of money shall be paid to cover              No 804/68 .
         deliver)- costs at fob stage,
    — a fixed contribution shall be paid to                                    Article 5
         the WFP towards transport and distri­
         bution cost:;;
                                                         1.      In the eventuality referred to in Article
(b) as regards aid to the Republic of Bangladesh ,       2 (2):
     the Kingdom of Jordan, the Republic of
    the Lebanon, ihe Egyptian Arab Republic,             (a) expenditure resulting from implementation
    the Republic o : Rwanda , the IRCC and the                of this Regulation shall be charged against
    UNRWA, a sam shall be paid to cover                       the appropriations under Title 9, 'Food Aid
    delivery costs at c.i.f. stage;                           and other expenditure' of the budget of the
                                                              European Communities ;
(c) as regards aid to the IRCC and the Republic
    of Rwanda, in addition to the sum referred            (b) advances intended to cover expenditure
    to under [b), a sum shall be paid to cover                incurred under Article 2 (2) and Article 3 ,
    transport      costs   from    c.i.f. stage   to          shall be decided upon by the Commission
    destination;                                              on the basis of estimates of the financial
(d) as regards aid to the IRCC, in addition to                requirements of the Member States and after
    the sums referred to under (b) and (c) a                  consulting the Committee of the European
    sum shall be paid to cover distribution                   Agricultural Guidance and Guarantee Fund.
    costs .
                                                         2.      The Commission shall annually audit the
2.     The sums referred to in paragraph 1 (a),          accounts of the Member States on the basis of
first indent, and (b ) and (c) shall be determined       the explanatory statements which the latter shall
by the procedure of tendering. However:                  submit to it.
 ---pagebreak--- 30                           Official Journal of the European Communities
3 . The implementing procedures for this                                   Article 6
Article shall be adopted, if necessary, in accord­
ance with the procedure laid down in Article 13
of Council Regulation (EEC) No 729/70, of              This Regulation shall enter into force on the
21 April 1970 on the financing of the common           third day following its publication in the Official
agricultural policy.1                                  Journal of the European Communities.
           This Regulation shall be binding in its entirety and directly applicable in all
           Member States .
           Done at Brussels , 19 December 1972 .
                                                                      For the Council
                                                                       The President
                                                                      T. WESTERTERP
1 OJ No L 94, 28.4.1970, p. 13.