CELEX: 31976R0749
Language: en
Date: 1976-03-31 00:00:00
Title: Commission Regulation (EEC) No 749/76 of 31 March 1976 laying down rules for the application of Article 5 of Regulation (EEC) No 563/76 on the compulsory purchase of skimmed-milk powder

No L 86/ 50                             Official Journal of the European Communities                                1 . 4. 76
                                    COMMISSION REGULATION (EEC) No 749/76
                                                        of 31 March 1976
                laying down rules for the application of Article 5 of Regulation (EEC) No 563/76
                                on the compulsory purchase of skimmed-milk powder
THE COMMISSION OF THE EUROPEAN                                     HAS ADOPTED THIS REGULATION :
 COMMUNITIES,
 Having regard to the Treaty establishing the European                                      Article 1
 Economic Community,
                                                                   The two contracting parties shall determine by agree­
                                                                   ment the obligation to be met by the purchaser in
 Having regard to Council Regulation (EEC) No
 563/76 of 15 March 1976 on the compulsory purchase
                                                                   respect of Article 5 of Regulation (EEC) No 563/76.
 of skimmed-milk powder held by intervention agen­
 cies for use in feedingstuffs ('), and in particular               In the case of disagreement the provisions of the
Article 9 ( 1 ) thereof,                                           following Articles shall apply.
Whereas, under Article 5 of Regulation (EEC) No                                             Article 2
 563/76, in the case of contracts concluded before the
 date of entry into force of this Regulation, the succes­           Under the terms of Article 5 of Regulation (EEC) No
 sive buyers of the products referred to in Articles 2              563/76, the purchaser shall be considered to have met
 and 3 of that Regulation, or of protein products                  the obligation if :
 processed therefrom, are to meet the obligation arising
 from the arrangements laid down in that Regulation ;              (a) he has paid the seller an amount corresponding to
                                                                        the real costs resulting from the provision of the
Whereas in the case of disagreement between the two                     security, and
contracting parties this charge comprises the obliga­
 tion on the one hand, to buy a certain quantity of                (b) he has given the seller :
 skimmed-milk powder in order to release the security,
 and on the other hand, to pay the costs provided for                   — in respect of the quantity of skimmed-milk
 in Articles 2 and 3 of the abovementioned Regulation                       powder corresponding to the amount of the
 resulting from the provision of this security ;                            security relating to the quantity of products
                                                                            listed in Articles 2 and 3 of that Regulation
                                                                            which are the subject of the contract, the docu­
Whereas, in the' case of purchase of skimmed-milk                           ment referred to in Article 6 of that Regula­
 powder by a feedingstuffs' manufacturer, the obliga­                       tion , and
 tion to be met by purchasers of such feedingstuffs
 should be determined on the basis of the difference                    — the proof that the product has reached one of
between the price of skimmed-milk powder and its                            the destinations listed in Article 10(1 ) (c), (d),
 commercial value ;                                                         (e) and (f) of Regulation (EEC) No 677/76, or
                                                                   (c) where the seller is a feedingstuffs manufacturer
Whereas the necessary measures should be taken in
                                                                        and has bought the skimmed-milk powder
order to ensure that the obligation relates only to oper­
                                                                        pursuant to Regulation (EEC) No 563/76, if he has
ations in respect of products subject to the arrange­                   paid an amount of 83 % of the price of skimmed­
ments laid down in Regulation (EEC) No 563/76 or to
                                                                        milk powder bought with a view to releasing the
protein products resulting from the processing
thereof ;                                                               security relating to the quantity of products listed
                                                                        in Articles 2 and 3 of that Regulation incorporated
                                                                        in feedingstuffs which have been sold.
Whereas, to that end, it should be laid down that the
seller should furnish proof that the products covered
by the contract have been subject to the abovemen­                                          Article 3
tioned arrangements or contain such products ;
                                                                    1 . The purchasers shall meet the obligation arising
Whereas the measures provided for in this Regulation               from the arrangements laid down in Regulation (EEC)
are in accordance with the opinions of all the relevant            No 563/76 provided the sellers have furnished proof
management committees,                                             that the products which are the subject of the contract
                                                                   are covered by these arrangements or contain products
( i ) OJ No L 67, 15 . 3 . 1976, p. 18 .                           which are covered by these arrangements.
 ---pagebreak--- 1 . 4 . 76                          Official Journal of the European Communities                       No L 86/ 51
2. On request by the party concerned, the compe­              making up the total quantity placed in free circula­
tent agency of the Member State shall issue on attesta­       tion .
tion :
— in respect of the products listed in the abovemen­
     tioned Article 2, that the seller has provided secu­                           Article 4
     rity or presented the document referred to in
     Article 6 of Regulation (EEC) No 563/76 ;
                                                              This Regulation shall enter into force on 1 April
— in respect of the procedure listed in Article 3 of           1976 .
     the abovementioned Regulation, that those
     products were placed in free circulation as from 19
     March 1976 .                                             However, it shall  apply with effect from 19 March
                                                               1976 with regard to the consequences of the obliga­
3 . The party concerned may request the issue of              tion arising from  the application of Article 3(1 ) of
several attestations relating to separate quantities          Regulation (EEC)  No 563/76.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 31 March 1976 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                     Member of the Commission