31972R2721

28 Official Journal of the European Communities

No L 291/28 Official Journal of the European Communities 28.12.72

REGULATION (EEC) No 2721/72 OF THE COUNCIL

of 19 December 1972 on the supply of skimmed-milk powder as food aid

THE COUNCIL OF THE EUROPEAN COMMUNI­ powder and the need to deliver certain supplies TIES, as a matter of urgency and to ensure that supplies are delivered regularly, arrangements Having regard to the Treaty establishing the should be made for skimmed-milk powder to European Economic Community, and in par­ be supplied as food aid, depending on the ticular Article 43 thereof, amounts available, either by drawing on stocks held by the intervention agencies or by buying-in Having regard to Council Regulation (EEC) the product on the Community market; No 804/68 of 27 June 1968 on the common organisation of the market in milk and milk Whereas , in order to enable the aid to be used products,1 as last amended by Regulation (EEC) effectively, arrangements should be made to No 141 1/71 ,2 and in particular Article 7 (4) finance certain costs incurred in the transport thereof, and distribution of the goods ; Having regard to the proposal from the Com­ Whereas the supplies must be delivered at the mission , cheapest possible price; whereas in order to achieve this aim a procedure of tendering must Having regard to the Opinion of the European be provided for; whereas, however, in respect Parliament, of emergency operations to be carried out by Whereas certain developing countries and the International Red Cross Committee, it may certain international organisations have indi­ be desirable, in the interests of speed , to apply cated their requirements in milk proteins and a mutual agreement procedure; whereas these proteins can be supplied in the Whereas it is desirable that the rules for the form of skimmed-milk powder produced in application of the measures laid down for the Community which meets certain quality buying in skimmed-milk powder on the market standards; should be adopted in accordance with the procedure laid down in Article 30 of Regulation Whereas the supply of this product must take into account the amounts of skimmed-milk (EEC) No 804/68 , as in the case of the rules to be applied where public stocks are used ; powder available in the Community and the necessity of not disrupting market conditions ; Whereas the amounts available enable 60 000 HAS ADOPTED THIS REGULATION : metric tons of skimmed-milk powder to be supplied; whereas, in addition, there is some mobility in the distribution of the amounts Article 1 available between public stocks and private stocks, according to market developments and There shall be made available to the countries by reason of the common organisation of the market, since the latter provides for a seasonal and international organisations listed below variation in prices such as to maintain private 60 000 metric tons of skimmed-milk powder, allocated as follows : stocks at a relatively high level; Whereas, taking into account the situation on Republic of Bangladesh 19 450 metric tons the Community market in skimmed-milk Kingdom of Jordan 1 000 metric tons Republic of the Lebanon 250 metric tons Egyptian Arab Republic 2 000 metric tons 1 OJ No L 148 , 28.6.1968 , p. 13 . 2 OJ No L 148 , 3.7.1971 , p . 4. Republic of Rwanda 750 metric tons

Official Journal of the European Communities 29

World Food P rogramme — for the purposes of emergency operations (WFP) 29 450 metric tons to be carried out by the IRCC, the mutual International !:led Cross agreement procedure may be applied in order to determine the sums referred to in Committee (IRCC) 6 000 metric tons United Nations Relief paragraph 1 ( b) and (c) on the least exacting terms ; and Work;? Agency (UNRWA) 1 100 metric tons — the sums referred to in paragraph 1 (c) shall be paid to the organisation or country concerned—in the form of a fixed contri­ Article 2 bution or in the form of reimbursement upon presentation of documentary proof in 1 . The skimmed-milk powder referred to in accordance with the procedure laid down in Article 1 shall be bought-in in accordance with the agreements to be concluded with them— Article 7 ( 1 ) of Regulation (EEC) No 804/68 . provided that that organisation or that country accepts responsibility for transport. 2 . If the amounts of skimmed-milk powder in public stocks are insufficient to supply the 3 . The sum referred to in paragraph 1 (d) quantities provided for in Article 1 or if they shall be paid to the IRCC in the form of a fixed do not have the characteristics necessary for contribution or in the form of reimbursement their particular destination, supplies shall be upon presentation of documentary proof in ensured by the buying-in of skimmed-milk accordance with the procedure laid down in powder on the Community market. Buying-in the agreement to be concluded with that shall be done in si.ch a way as not to disturb the organisation. normal development of prices on the market. 3 . The buying-in referred to in paragraph 2 shall be carried out in accordance with the Article 4 procedure of tendering.

The decision to apply the provisions of Article 3 Article 2 (2) and the procedures for imple­ menting Article 2 (2) and (3), and when 1 . For the purposes referred to in Article 1 : Article 2 (2) is applied, Article 3 (2) shall, be (a) as regards food aid to the WFP, adopted in accordance with the procedure laid down in Article 30 of Regulation (EEC) — a sum of money shall be paid to cover No 804/68 . deliver)- costs at fob stage, — a fixed contribution shall be paid to Article 5 the WFP towards transport and distri­ bution cost:;; 1 . In the eventuality referred to in Article (b) as regards aid to the Republic of Bangladesh , 2 (2): the Kingdom of Jordan, the Republic of the Lebanon, ihe Egyptian Arab Republic, (a) expenditure resulting from implementation the Republic o : Rwanda , the IRCC and the of this Regulation shall be charged against UNRWA, a sam shall be paid to cover the appropriations under Title 9, 'Food Aid delivery costs at c.i.f. stage; and other expenditure' of the budget of the European Communities ; (c) as regards aid to the IRCC and the Republic of Rwanda, in addition to the sum referred (b) advances intended to cover expenditure to under [b), a sum shall be paid to cover incurred under Article 2 (2) and Article 3 , transport costs from c.i.f. stage to shall be decided upon by the Commission destination; on the basis of estimates of the financial requirements of the Member States and after (d) as regards aid to the IRCC, in addition to consulting the Committee of the European the sums referred to under (b) and (c) a Agricultural Guidance and Guarantee Fund . sum shall be paid to cover distribution costs . 2 . The Commission shall annually audit the 2 . The sums referred to in paragraph 1 (a), accounts of the Member States on the basis of first indent, and (b ) and (c) shall be determined the explanatory statements which the latter shall by the procedure of tendering. However: submit to it.

30 Official Journal of the European Communities

3 . The implementing procedures for this Article 6 Article shall be adopted, if necessary, in accord­ ance with the procedure laid down in Article 13 of Council Regulation (EEC) No 729/70 , of This Regulation shall enter into force on the 21 April 1970 on the financing of the common third day following its publication in the Official agricultural policy.1 Journal of the European Communities .

This Regulation shall be binding in its entirety and directly applicable in all Member States . Done at Brussels , 19 December 1972 . For the Council The President

T. WESTERTERP

1 OJ No L 94, 28.4.1970, p . 13 .