31974R1826

No L 190 / 20 Official Journal of the European Communities 13 . 7 . 74

REGULATION ( EEC) No 1826/ 74 OF THE COUNCIL of 11 July 1974 laying down the general rules for the supply of skimmed-milk powder as food aid to certain developing countries and international organizations

THE COUNCIL OF THE EUROPEAN whereas the supplies must be delivered at the COMMUNITIES, cheapest possible price ; whereas, in order to achieve that aim , a tendering procedure must be provided for ; Having regard to the Treaty establishing the European whereas , however, it may be desirable , in the interests Economic Community, and in particular Article 43 of speed, to carry out emergency operations by private thereof ; contract ; Having regard to Council Regulation (EEC) No Whereas it is desirable that the rules for the applica­ 804/ 68 (*) of 27 June 1968 on the common organiza­ tion of the * measures laid down for buying-in tion of the market in milk and milk products, as last skimmed-milk powder on the market should be amended by the Act of Accession, and in particular adopted in accordance with the procedure laid down Article 7 (4) thereof ; in Article 30 of Regulation ( EEC) No 804/68 , as in Having regard to the proposal from the Commission ; the case of the rules to be applied where public stocks are used, Having regard to the Opinion of the European Parlia­ ment ; Whereas certain developing countries and interna­ HAS ADOPTED THIS REGULATION : tional organizations have indicated their requirements in high-protein milk products ; whereas these high­ Article 1 protein products may be supplied in the form of skimmed-milk powder — produced within the Community — which meets certain quality stand­ There shall be made available to certain developing ards ; countries and international organizations 41 000 metric tons of skimmed-milk powder as food aid . Whereas the supply of skimmed-milk powder must take into account the amounts of skimmed-milk powder available in the Community and the necessity Article 2 of not disrupting market conditions ; 1 . The skimmed-milk powder referred to in Article Whereas the amounts available enable 41 000 metric 1 shall be bought in accordance with Article 7 ( 1 ) of tons of skimmed-milk powder to be supplied ; Regulation (EEC) No 804/ 68 . whereas, in addition , there is some mobility in the distribution of the amounts available between public 2 . If the amounts of skimmed-milk powder in stocks and private stocks, according to market develop­ public stocks are insufficient to supply the quantities ments and by reason of common organization of the provided for in Article 1 or if they do not have the market, since the latter provides for a seasonal varia­ characteristics necessary for their particular destina­ tion in prices such as to maintain private stocks at a tion where this requires, in particular, other forms of relatively high level ; packing or the addition of vitamins or other additives, supplies shall be ensured by the buying-in of Whereas, taking into account the situation on the skimmed-milk powder on the Community market. Community market in skimmed-milk powder, and Buying-in shall be done in such a way as not to the need to deliver certain supplies as a matter of disturb the normal development of prices on the urgency and to ensure that supplies are delivered regu­ market . larly, arrangements should be made for the skimmed­ milk powder to be supplied as food aid, depending on the amount available, either by drawing on stocks Article 3 held by the intervention agencies or by buying-in the product on the Community market ; For the purposes referred to in Article 1 : Whereas, in order to enable the aid to be used effec­ (a) the cost of the skimmed-milk powder, delivered to tively, arrangements should be made to finance fob or a corresponding stage, shall be financed by certain costs incurred in the transport and distribution the Community ; of the goods ; (b) in exceptional cases , the Community may also 0) OJ No L 148 , 28 . 6 . 1968 , p. 13 . wholly or partially finance on the basis of a unani­

13 . 7 . 74 Official Journal of the European Communities No L 190/ 21

mous decision of the Council, on a proposal from tions under Title 9 ' Food aid and other expendi­ the Commission : ture' of the budget of the European Communities ; — shipment to the frontier of the country and, (b) advances intended to cover expenditure incurred possibly, to the place(s) of destination, and under Article 2 (2) and Article 3 shall be decided — distribution , where the goods are distributed by upon by the Commission on the basis of estimates an international organization . of the financial requirements of the Member States and after consultation of the Committee of the Article 4 European Agricultural Guidance and Guarantee Fund . The costs referred to in Article 3 (b) shall, where the supply agreement so provides, be paid as a whole or 2 . The Commission shall audit the accounts of the partial lump-sum contribution to the country or organ­ Member States annually on the basis of the explana­ ization of destination . tory statements which the latter shall submit to it.

Article 5 3 . The implementing procedures for this Article shall be adopted, if necessary, in accordance with the For delivery of skimmed-milk powder to fob or a procedure laid down in Article 13 of Council Regula­ corresponding stage and, where relevant, for its ship­ tion (EEC) No 729 /70 (») of 21 April 1970 on the ment and its purchase on the Community market, financing of the common agricultural policy. invitations to tender shall be issued, without prejudice to Article 4, except in the case of emergency aid, where private contracts may be negotiated . Article 8

Article 6 In accordance with the voting procedure laid down in Article 43 (2) of the Treaty, the developing countries The decision to apply Article 2 (2) shall be taken and and the organizations which are to receive the aid, the procedures for implementing Article 2 (2) and together with the quantity to be allocated to each , Article 5 shall be adopted in accordance with the shall be determined by the Council acting on a pro­ procedure laid down in Article 30 of Regulation (EEC) posal from the Commission . No 804/ 68 .

Article7¶

1 . In the eventuality referred to in Article 2 (2) : This Regulation shall enter into force on the third day (a) expenditure resulting from implementation of this following its publication in the Official Journal of Regulation shall be charged against the appropria­ the European Communities.

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

Done at Brussels, 1 1 July 1-974 . For the Council

The President

J. SAUVAGNARGUES

(>) OJ No L 94, 28 . 4 . 1970 , p. 13 .