CELEX: 31974R0224
Language: en
Date: 1974-01-25 00:00:00
Title: Regulation (EEC) No 224/74 of the Commission of 25 January 1974 on the sale for use as animal feed of skimmed-milk powder held by intervention agencies

No L 25/ 10                              Official Journal of the European Communities                              29 . 1 . 74
                              REGULATION (EEC) No 224/74 OF THE COMMISSION
                                                       of 25 January 1974
              on the sale for use as animal feed of skimmed-milk powder held by intervention
                                                             agencies
THE COMMISSION OF THE EUROPEAN                                      compound feedingstuffs and for skimmed-milk
COMMUNITIES,                                                        powder for use as feed, as last amended by Regulation
                                                                    (EEC) No 796/73 (6) ;
Having regard to the Treaty establishing the European               "Whereas if the progress of this operation is to be kept
Economic Community ;                                                under observation, the Commission must be informed
                                                                    at regular intervals of quantities sold ;
Having regard to Council Regulation (EEC) No                        Whereas the Management Committee for Milk and
804/68 ( !) of 27 June 1968 on the common organiza­                 Milk Products has not delivered an Opinion within
tion of the market in milk and milk products, as last                the time limit set by its Chairman,
amended by the Act (2) on the Conditions of Acces­
sion and the Adjustments to the Treaties, and in parti­
cular Article 7 (5) and Article 28 thereof ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas large quantities of skimmed-milk powder are
currently held in public storage in the Community ;                                           Article 1
whereas steps should be taken to sell these stocks
where outlets for this product exist ;
                                                                     Intervention agencies shall proceed to sell skimmed­
                                                                     milk powder bought in under Article 7 of Regulation
Whereas certain regions of the Community are ex­                     (EEC) No 804/68 and placed in storage before 1 April
                                                                     1973 .
periencing a temporary shortage of skimmed-milk
powder ; whereas the feedingstuffs industry should be
allowed to procure supplies from intervention agen­
cies :                                                                                        Article 2
                                                                      1.    The skimmed-milk powder shall be sold :
Whereas Article 5 (2) of Council Regulation (EEC) No
1014/68 (3) of 20 July 1968 laying down general rules                (a) ex warehouse at a price equal to the buying-in
for the public storage of skimmed-milk powder, as last                   price applied by the relevant intervention agency
amended by Regulation (EEC) No 121 1 /69 (4), speci­                     when the contract of sale was concluded, plus 2
fies that the selling price of skimmed-milk powder                       u.a./ lOO kg ;
held in public storage must be higher than the inter­                (b) in lots of 20 metric tons or more but not
vention price by an amount to be determined in the                       exceeding 500 metric tons ; however, where the
light of the market situation and storage costs ;                        tonnage available in a warehouse is less than 20
                                                                         metric tons, the tonnage available shall constitute
                                                                         the minimum lot ;
Whereas the conditions of sale, including time limits                (c) to purchasers who give an undertaking that they
for payment and taking over of quantities of skimmed­                    will, before 1 March 1974, either denature the
milk powder purchased, must be specified ; whereas a                     skimmed-milk powder covered by the contract in
limit must also be placed on the quantity which can                       accordance with Article 2 and 3 of Regulation
be allocated to any one purchaser and provision made                     (EEC) No 990/72 or process it into compound
for a security to ensure that the powder is processed                     feedingstuffs in accordance with Article 4 of that
into feedingstuffs under the conditions specified in                      Regulation ;
Articles 2, 3 and 4 of Commission Regulation (EEC)                   (d) in packaging bearing one or more of the following
No 990/72 (5) of 15 May 1972 on detailed rules for                        in letters at least 2 cm high :
granting aid for skimmed milk processed into
                                                                     — 'Lait ecreme en poudre destine a la denaturation
(') OJ No   L  148, 28 . 6. 1968, p. 13.                                  ou a la transformation en aliments composes,
O   OJ No   L 73, 27. 3 . 1972, p. 14.                                    conformement au reglement (CEE) n° 224/74',
(3) OJ No   L  173» 22 . 7 . 1968, p. 4.
(4) OJ No   L  155, 28 . 6. 1969 , p. 13 .
(») OJ No   L  115, 17. 5. 1972, p. 1 .                              (6) OJ No L 76, 24. 3 . 1973 , p. 16.
 ---pagebreak--- 29 . 1 . 74                        Official Journal of the European Communities                          No L 25/ 11
— 'Magermilchpulver fur die Denaturierung oder die           2. Sections 101 , 103 and 104 of the control copy
     Verarbeitung zu Mischfutter gemafl der Verord­          shall be completed. Section 104 shall be completed by
     nung (EWG) Nr. 224/74",                                 deleting what does not apply and making, under the
— 'Latte scremato in polvere destinato alia denatura­        second indent, one of the endorsements set out in
     zione o alia trasformazione in alimenti composti,       Article 2(l)(d).
     conformemente al regolamento (CEE) n . 224/74',
— 'Magere melkpoeder bestemd voor denaturering of                                       Article 4
     voor verwerking tot mengvoeder, volgens Veror­
     dening (EEG) nr. 224/74',                                1 . Except in cases of force majeure, the security
                                                              shall be released only in respect of quantities for
— 'Skimmed-milk powder for denaturing or for                 which the buyer has furnished proof that the
     processing into compound feedingstuffs in accor­         skimmed-milk powder has, before 1 March 1974,
     dance with Regulation (EEC) No 224/74',                  either been denatured in accordance with Articles 2
— 'Skummetmaelkspulveret bestemt for denaturering             and 3 of Regulation (EEC) No 990/72 or used in the
     eller forarbejdning til foderblandinger i overens­       manufacture of compound feedingstuffs under the
     stemmelse med forordning (E0F) nr. 224/74'.              conditions set out in Article 4 of that Regulation.
2. The intervention agency shall not sell skimmed­            2. This proof shall be furnished :
milk powder unless, at the latest when the contract of        — where the relevant operation takes place on the
sale is concluded, a security of 13 u.a./ lOO kg is given .       territory of the selling Member State, by a certifi­
The security shall, at the discretion of the Member               cate to this effect issued by the agency responsible
                                                                  for control ;
State, take either the form of a cheque addressed to
the intervention agency or the form of a guarantee            — where the relevant operation takes place on the
meeting criteria laid down by the Member State                    territory of a Member State other than the selling
concerned .                                                       Member State, by production of the control copy
                                                                  referred to in Article 3 .
3 . The buyer shall pay the intervention agency for
the skimmed-milk powder before he takes it over in                                      Article 5
accordance with paragraph 4.
                                                              No buyer may conclude a fresh contract with the
                                                              same intervention agency until the proof referred to
4. The buyer shall, within a period of twelve days            in Article 4 has been furnished in respect of the quan­
following the day on which the contract of sale is            tity of skimmed-milk powder covered by his previous
concluded, take over the skimmed-milk powder. This            contract with that intervention agency.
operation may be effected in stages.
Except in cases of force majeure, if the buyer fails to                                 Article 6
take over the skimmed-milk powder within the time
prescribed, the sale shall be cancelled in respect of the     The Member States shall inform the Commission, as
quantities remaining.                                         on Tuesday of each week, of the quantities of
                                                              skimmed-milk powder sold pursuant to this Regula­
                         Article 3                            tion in the preceding week.
 1 . Where the operation chosen pursuant to Article                                     Article 7
2(l)(c) takes place in a Member State other than the
selling Member State, proof of utilization shall be           This Regulation shall enter into force on the day
furnished by production of the control copy referred          following its publication in the Official Journal of
to in Article 1 of Regulation (EEC) No 2315/69 .               the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 25 January 1974.
                                                                         For the Commission
                                                                             The President
                                                                        Francois-Xavier ORTOLI