CELEX: 31977R1766
Language: en
Date: 1977-07-25 00:00:00
Title: Council Regulation (EEC) No 1766/77 of 25 July 1977 laying down general rules for the supply of skimmed-milk powder as food aid to certain developing countries and international organizations under the 1977 programme

30 . 7. 77                          Official Journal of the European Communities                           No L 192/ 1
                                                             I
                                           (Acts whose publication is obligatory)
                                   COUNCIL REGULATION (EEC) No 1766/77
                                                      of 25 July 1977
                laying down general rules for the supply of skimmed-milk powder as food aid to
                certain developing countries and international organizations under the 1977
                                                        programme
 THE COUNCIL OF THE EUROPEAN                                     Whereas the supplies must be delivered at the
 COMMUNITIES,                                                    cheapest possible price ; whereas, in order to achieve
 Having regard to the Treaty establishing the European           that aim, a tendering procedure must be provided for ;
 Economic Community, and in particular Article 43                whereas, however, it may be desirable in the interests
 thereof,                                                        of speed, in exceptional cases, to have recourse to
                                                                 private contracts ;
 Having regard to Council Regulation (EEC) No
 804/68 of 27 June 1968 on the common organization               Whereas it is desirable that the rules for the applica­
 of the market in milk and milk products ('), as last            tion of the measures laid down for buying in skim­
 amended by Regulation (EEC) No 559/76 (2), and in               med-milk powder on the market should be adopted in
 particular Article 7 (4) thereof,
                                                                 accordance with the procedure laid down in Article 30
 Having regard to the proposal from the Commission,              of Regulation (EEC) No 804/68, as in the case of the
 Having regard to the opinion of the European Parlia­            rules to be applied where public stocks are used,
 ment (3),
 Whereas certain developing countries and interna­
 tional organizations have indicated their requirements          HAS ADOPTED THIS REGULATION :
 in high-protein milk products ; whereas these high­
 protein products may be supplied in the form of skim­
 med-milk powder produced within the Community                                          Article 1
 and meeting certain quality standards ;
Whereas the supply of skimmed-milk powder must                   105 000 tonnes of skimmed-milk powder shall be
 take into account the amounts of skimmed-milk
                                                                 made available to certain developing countries and
 powder available in the Community and the necessity             international organizations as food aid under the 1977
 of not disrupting market conditions ;                           programme .
Whereas the amounts available at present enable
 105 000 tonnes of skimmed-milk powder to be
supplied under the 1977 programme ;                                                     Article 2
Whereas, if the quantities of skimmed-milk powder in
 public stocks are insufficient for the delivery of the          1.    The skimmed-milk powder referred to in Article
abovementioned amount, or if they do not have the                1 shall be purchased in accordance with Article 7 ( 1 )
characteristics necessary for their particular destina­         of Regulation (EEC) No 804/68 .
tion where this requires in particular other forms of
packaging or the addition of vitamins or other addi­             2. If the amounts of skimmed-milk powder in
tives, supplies must be ensured by the buying-in of              public stocks are insufficient to supply the quantities
skimmed-milk powder on the Community market ;                    provided for in Article 1 or if they do not have the
Whereas in order to enable the aid to be used effec­
                                                                characteristics necessary for their particular destina­
                                                                tion where this requires, in particular, other forms of
tively, arrangements should be made to finance                   packaging or the addition of vitamins or other addi­
certain transport and distribution costs ;
                                                                tives, supplies shall be ensured by the buying-in of
                                                                skimmed-milk powder on the Community market.
(') OJ No L 148, 28. 6. 1968, p. 13.
(2) OJ No L 67, 15. 3. 1976, p. 9.                               Buying in shall be done in such a way as not to
(3) Delivered on 8 July 1977 (not yet published in the Offi­    disturb the normal development of prices on the
    cial Journal).                                              market.
 ---pagebreak--- No L 192/2                         Official Journal of the European Communities                            30 . 7. 77
                        Article 3                            corresponding stage and, where relevant, for its ship­
                                                             ment from that stage and its purchase on the Commu­
For the purposes of Article 1 :                              nity market, without prejudice to Article 4 and save in
(a) the cost of the skimmed-milk powder, delivered to        exceptional cases, where private contracts may be
    the port of shipment or a corresponding stage,            negotiated.
    shall be financed by the Community ;
(b) in exceptional cases the Community may also                                      Article 6
    finance, wholly or in part, on the basis of a deci­
    sion of the Council taken in accordance with the         The decision to apply Article 2 (2) shall be taken and
     procedure referred to in Article 7 :                    the procedure for implementing this paragraph and
                                                             Article 5 shall be adopted in accordance with the
    — transport to the frontier of the country and,
        possibly, to the place(s) of destination, and        procedure laid down in Article 30 of Regulation (EEC)
                                                             No 804/68 .
    — distribution, where the goods are distributed by
        an international organization.
                                                                                     Article 7
                        Article 4
                                                             The countries and organizations for which this aid is
The costs referred to in Article 3 (b) shall, where the      destined, together with the quantity to be allocated to
arrangements agreed with the recipient country or            each, shall be determined by the Council acting by a
organization so provide, be paid wholly or in part as a      qualified majority on a proposal from the Commis­
                                                             sion .
lump-sum contribution to the country or organization
of destination by the Commission .
                                                                                     Article 8
                        Article 5
                                                             This Regulation shall enter into force on the third day
Invitations to tender shall be issued for delivery of         following its publication in the Official Journal of
skimmed-milk powder to the port of shipment or a              the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 25 July 1977.
                                                                          For the Council
                                                                           The President
                                                                           H. SIMONET