31974R0224
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 (EEC) No 804/68 and placed in storage before 1 April Whereas certain regions of the Community are ex 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 (a) ex warehouse at a price equal to the buying-in 1014/68 (3) of 20 July 1968 laying down general rules price applied by the relevant intervention agency for the public storage of skimmed-milk powder, as last when the contract of sale was concluded, plus 2 amended by Regulation (EEC) No 121 1 /69 (4), speci u.a./ lOO kg ; fies that the selling price of skimmed-milk powder 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.
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 1 . Except in cases of force majeure, the security dening (EEG) nr. 224/74', 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. This proof shall be furnished : 2. The intervention agency shall not sell skimmed 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 cate to this effect issued by the agency responsible The security shall, at the discretion of the Member 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 The Member States shall inform the Commission, as prescribed, the sale shall be cancelled in respect of the 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