CELEX: 31976R1110
Language: en
Date: 1976-05-13
Title: Commission Regulation (EEC) No 1110/76 of 13 May 1976 amending Regulation (EEC) No 677/76 laying down detailed rules for the application of the system for compulsory purchase of skimmed-milk powder

14. 5 . 76                             Official Journal of the European Communities                             No L 126/25
                                    COMMISSION REGULATION (EEC) No 1110/76
                                                         of 13 May 1976
                 amending Regulation (EEC) No 677/76 laying down detailed rules for the applica­
                     tion of the system for compulsory purchase of skimmed-milk powder
 THE COMMISSION OF THE EUROPEAN                                                                Article 2
 COMMUNITIES,
                                                                   Article 8 (c) is amended to read as follows :
 Having regard to the Treaty establishing the European
  Economic Community,                                                   '(c) for the products listed in Article 1 (b) of Regu­
                                                                              lation (EEC) No 1067/74 at the latest on the
 Having regard to Council Regulation (EEC) No                                 fifteenth day following the end of the month
 563/76 of 15 March 1976 on the compulsory purchase                           during which they left the dehydration plant,
 of skimmed-milk powder held by intervention agen­                            save for those quantities in respect of which
 cies for use in feedingstuffs ('), and in particular                         the proof referred to in Article 10 ( 1 ) (g) was
 Article 9 ( 1 ) thereof,                                                     furnished before that date .'
 Whereas Article 8 of Commission Regulation (EEC)
 No 677/76 of 26 March 1976 laying down detailed                                               Article 3
 rules for the application of the system for compulsory
 purchase of skimmed-milk powder provided for in
                                                                   Paragraph 3 of Article 9 is deleted.
 Council Regulation (EEC) No 563/76 (2), as last
 amended by Regulation (EEC) No 902/76 (3), provides
 that in the case of dehydrated fodder, the document
                                                                                               Article 4
 referred to in Article 6 of Regulation (EEC) No
 563/76 is to be submitted, or the security is to be
 provided, at the latest at the time the fodder leaves the         1.      Article 10 ( 1 ) (d) and (e) is amended to read as
 dehydration plant ;                                               follows :
 Whereas the methods of marketing dehydrated fodder                    '(d) for products falling within heading No 12.02
 have made observance of the said time limit difficult ;                      and subheadings 12.01 B and 23.04 B of the
 whereas the time limit should be extended to avoid                           Common Customs Tariff and intended for
 this problem ;                                                               human consumption , on production of proof
                                                                              that they have reached such a stage of
Whereas certain dehydration plants use the fodder on                          processing or preparation that they can be
 agricultural holdings which belong to them or deliver                        used only for that purpose ;
 it to their members ; whereas, in such cases, dehydra­                  (e) for products falling within heading No 12.02
 tion constitutes the best method of obtaining the                            and subheadings 12.01 B and 23.04 B of the
 maximum from fodder produced and used by                                     Common Customs Tariff and used in the
 farmers ; whereas, under those circumstances, the secu­                      chemical or pharmaceutical industry, on
 rity should be released in respect of quantities not                         production of proof that they have reached
 marketed by the dehydration plants ;                                         such a stage of processing that they can be
                                                                              used only for that purpose
Whereas the measures provided for in this Regulation
 are in accordance with the opinions of all the manage­            2. There shall be added to Article 10 ( 1 ) the
 ment committees concerned ,
                                                                   following subparagraph :
                                                                         '(g) for the products listed in Article 1 (b) of Regu­
                                                                               lation (EEC) No 1067/74, subject to the limit
HAS ADOPTED THIS REGULATION :
                                                                              — of the average of the quantities which left
                                                                                   the dehydration plant and were not
                           Article 1                                               marketed during the 1974/75 and 1975/76
                                                                                   marketing years, or
Regulation (EEC) No 677/76 is hereby amended as set
out in the following Articles .                                               — in the case of undertakings which began
                                                                                   their  activities  with  effect   from   the
(') OJ No L 67, 15 . 3 . 1976, p. 18 .                                             1975/76 marketing year, of the quantities
(2) OJ No L 81 , 27. 3 . 1976, p. 23 .                                             which left those undertakings and were
(3 ) OJ No L 104, 21 . 4 . 1976 , p. 8 .                                           not marketed during the marketing year ;
 ---pagebreak--- No L 126/26                         Official Journal of the European Communities                                  14. 5. 76
              on production of proof that the products             '— in respect of products referred to in Article 10
              in question have left the undertaking and                 ( 1 ) (e), one of the following :
              have not been marketed . In the case of
              new dehydration plants, the Member State                  ' Intended for the chemical or pharmaceutical
              concerned shall determine the maximum                     industry (Commission Regulation (EEC) No
              quantity on the basis of the herds on the                 677/76)',
              holding or holdings using the fodder.'
                                                                        ' Destiné à 1 industrie chimique ou pharmaceu­
3.     Article 10 (3) and (4) is amended to read as                     tique (règlement (CEE) n0 677/76 de la
follows :                                                               Commission)',
    '3 . The security may be released, at the request                   'Bestemt til kemisk eller pharmaceutisk
    of the party concerned, in instalments which are                    industri (Kommissionens forordning (EØF) nr.
    proportional to the quantities of products for                    . 677/76)',
    which proof of one of the matters referred to in
    paragraph 1 (b), (c), (d), (e), (f) and (g) has been                  Bestimmt für die chemische oder pharmazeu­
    furnished or in respect of which the party                          tische Industrie (Verordnung (EWG) Nr.
    concerned has renounced his right to put into free                  677/76 der Kommission)',
    circulation .                                                       ' Destinato all industria chimica o farmaceutica
     4.    The security shall be forfeit where the party                (regolamento (CEE) n . 677/76 della Commis­
     concerned :                                                        sione)',
     (a) has not renounced his right to put into free                   ' Bestemd voor de        chemische    of farmaceu­
         circulation , or                                               tische      nijverheid   (verordening   (EEG)    nr.
     (b) except in the case of force majeure, has not                   677/76 van de Commissie)'.'
         furnished proof of one of the matters referred
         to in paragraph 1 (b), (c), (d), (e), (f) and (g)
         within six months following the expiry of the
                                                                                           Article 6
         'protein certificate', or within nine months of
         the provision of the security for products
         referred to in Article 2 of Council Regulation        This Regulation shall enter into force on the third day
         (EEC) No 563/76.'                                     following its publication in the Official Journal of
                                                               the European Communities.
                          Article 5
The second indent of Article 11 ( 1 ) is amended to            However, Article 4 (2) shall apply with effect from 1
read as follows :                                              April 1976.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 13 May 1976.
                                                                           For the Commission
                                                                              P.J. LARDINOIS
                                                                     Member of the Commission