31969R1852

12 Official Journal of the European Communities

20.9.69 Official Journal of the European Communities No L 237/ 1

REGULATION (EEC) No 1852/69 OF THE COUNCIL of 16 September 1969 laying down general rules for the supply of skimmed-milk powder to the World Food Programme and the International Committee of the Red Cross

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas the amount of aid to be granted to the firms transporting the skimmed-milk powder should gener­ Having regard to the Treaty establishing the Euro­ ally be determined by bringing into competition in­ pean Economic Community; terested firms established in the Community; whereas this can be achieved by the tendering procedure; 1 Having regard to Council Regulation (EEC) No 804/68' of 27 June 1968 on the common organization Whereas, for the operation to function properly, of the market in milk and milk products, as last provision should be made for the competent authority amended by Regulation (EEC) No 1398/692, and in of the Member State holding the skimmed-milk pow­ particular Article 7 (4) thereof; der to be responsible for payment of the aid,

Having regard to the proposal from the Commission;

Whereas the second paragraph of Article 7 (2) of Regulation ( EEC) No 804/68 provides that special HAS ADOPTED THIS REGULATION : measures may be taken for skimmed-milk powder held in public storage which cannot be marketed on Article 1 normal terms during a given milk year; 1 . Skimmed-milk powder which has been the subject Whereas there are large stocks of skimmed-milk pow­ of intervention measures under Article 7 of Regula­ der on the Community market as a result of inter­ tion ( EEC) No 804/68 shall be made available to ventions on the market in first-quality skimmed-milk the World Food Programme and the International powder; Committee of the Red Cross. \

Whereas the additional quantities of skimmed-milk 2. The quantity of skimmed-milk powder to be dis­ powder which these stocks represent cannot be mar­ posed of under the conditions laid down in this keted on normal terms during the current milk year; Regulation shall be: whereas, moreover, prolonged storage should be - 120 000 metric tons to the World Food Programme, avoided because of the costs entailed; - 3 000 metric tons to the International Committee of the Red Cross. Whereas on 21-22 April 1969 the Council decided to include milk products in a food aid programme; 3. These quantities must be delivered within two Whereas the World Food Programme and the Inter­ years . national Committee of the Red Cross have made Article 2 known their requirements of milk proteins ; whereas these proteins can be supplied in the form of skim­ 1 . For the purposes specified in Article 1 there shall med-milk powder meeting certain quality criteria; be granted: whereas the supply of this product free of charge (a) an allowance covering the costs of delivery fob; offers an outlet for surplus skimmed-milk powder and does away with storage costs for several years; (b) in the case of the World Food Programme, a fixed contribution towards forwarding and dis­ tribution costs ; in the case of the International Committee of the Red Cross, reimbursement of forwarding costs on the basis of expenditure 1 OJ No L 148, 28.6.1968, p. 13. 1 OJ No L 179, 21.7.1969, p. 13. actually incurred by the Committee.

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2. The allowance shall be granted to the processor. 2. Provision may be made for payments on account. The fixed contribution and the reimbursement shall be granted to the agency responsible for distributing Article 5 the skimmed-milk powder in the recipient countries. The quantities of skimmed-milk powder to be mobil­ ized shall be decided in accordance with the proce- i dure laid down in Article 30 of Regulation (EEC) Article 3 No 804/68, taking into account stocks held by the 1 . The amount of the allowance shall in general be intervention agencies and the situation on the market determined by the tendering procedure. in skimmed milk.

2. The competent bodies of the Member States shall Article 6 invite tenders according to provisions to be deter­ 1 . Each Member State shall designate a body respon­ mined. sible for implementing the measures laid down in this Regulation. Article 4 1 . The allowance shall be paid only if the successful 2. The allowance and the contribution shall be paid tenderer has fulfilled the obligations laid down in the by the competent body of the Member State whose invitation to tender. intervention agency holds the skimmed-milk powder.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 September 1969.

For the Council The President P. LARDINOIS