31972R0442

Official Journal of the European Communities 105

3.3.72 Official Journal of the European Communities No L 54/ 1

REGULATION (EEC) No 442/72 OF THE COUNCIL

of 28 February 1972

on the supply of milk products as food aid

THE COUNCIL OF THE EUROPEAN COMMUNITIES, obligations to the World Food Programme in case public stocks of the product are such that existing measures cannot be applied ; whereas consequently Having regard to the Treaty establishing the that operation falls within the scope of Community European Economic Community, and * in particular rules on the supply of milk products as food aid ; Article 43 thereof; Whereas delivery f.o.b. must be effected at the best Having regard to the proposal from the Commission ; price ; whereas to that end provision should be made for a' tendering procedure; Having regard to the Opinion of the European Parliament; Whereas the cost of this operation must be borne by the Community ; Whereas milk products are included in a food aid programme ; whereas, in accordance with its agreement with the World Food Programme and the HAS ADOPTED THIS REGULATION : International Committee of the Red Cross, the Community has undertaken to supply 35 000 metric tons of butteroil and 123 000 metric tons of skimmed Article 1 milk powder to developing countries ; whereas, in view of the situation on the Community market in these products at the time of that undertaking, it had If the skimmed milk powder in public storage in the been expected that delivery would be effected by Community as a result of buying-in by intervention drawing on the considerable public stocks of agencies is insufficient to permit delivery to the skimmed milk powder held as a result of market World Food Programme or to the International interventions ; Committee of the Red Cross of the quantities of skimmed milk powder to be supplied under the Whereas developments on the Community market in agreements concluded , supplies shall be ensured by skimmed milk powder have led to a considerable purchasing skimmed milk powder on the Community reduction in market interventions and consequently market. These purchases shall be so made that the in public stocks ; whereas , therefore, provision should normal trend of prices on that market is not disturbed . be made for measures, to be implemented as the need arises , ensuring the availability of the quantities which remain to be delivered; Article 2 Whereas private stocks of milk powder are held in the Community and therefore substantial supplies In pursuance of Article 1 : should be available when production is resumed ; whereas provision should therefore be made for ( a ) an amount determined by a tendering procedure purchasing skimmed milk powder for food aid on the shall be paid for the purchase and delivery f.o.b. Community market ; of skimmed milk powder. The amount shall be paid to the successful tenderer; Whereas the purpose of the operation is to enable the Community, while taking into account the supplies of ( b ) as regards the World Food Programme a fixed the product available to it and the need to prevent contribution shall be granted towards the costs disturbances on the Community market, to meet its of dispatch and distribution ; as regards the

106 Official Journal of the European Communities

International Committee of the Red Cross any Article 5 costs of dispatch borne by the Committee shall be refunded to it. On the basis of Member States' forecasts of financial requirements the Commission shall, after consulting the EAGGF Committee, decide on advances to cover Article 3 the expenditure referred to in Article 2.

The Commission shall check Member States' Detailed rules for the application of Articles 1 and 2 accounts annually on the basis of the supporting shall be adopted in accordance with the procedure statements provided by those States . laid down in Article 30 of Council Regulation (EEC) No 804/68 1 of 27 June 1968 on the common organization of the market in milk and milk Detailed rules for the application of this Article shall products, as last amended by Regulation (EEC) No be adopted, if required, in accordance with the 1410/ 71 . 2 procedure laid down in Article 13 of Council Regulation (EEC) No 729/703 of 21 April 1970 on the financing of the common agricultural policy.

Article 4 Article 6 Expenditure arising out of the implementation of this Regulation shall be charged to Title 9, 'Food Aid and This Regulation shall enter into force on the third Other Expenditure', of the budget of the European day following its publication in the Official Journal Communities . of the European Communities.

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

Done at Brussels, 28 February 1972 .

For the Council The President

G. THORN

1 OJ No L 148, 28.6.1968, p. 13. 3 OJ No L 94, 28.4.1970, p. 13 . 2 OJ No L 148, 3.7.1971, p . 3 .