31974R2609

15 . 10 . 74 Official Journal of the European Communities No L 278 / 7

REGULATION ( EEC) No 2609/ 74 OF THE COMMISSION of 14 October 1974 on the sale for export of skimmed-milk powder held by intervention agencies

THE COMMISSION OF THE EUROPEAN Whereas the Management Committee for Milk and COMMUNITIES, Milk Products has not delivered an opinion within the time limit set by its Chairman , Having regard to the Treaty establishing the European Economic Community ;

Having regard to Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 804/68 (') of 27 June 1968 on the common organiza­ tion of the market in milk and milk products , as last amended by Regulation (EEC) No 662/74 (2), and in Article 1 particular Articles 7 (5) and 28 thereof ; The intervention agencies shall offer for sale , on the Whereas large quantities of skimmed-milk powder are terms hereinafter set out, skimmed-milk powder currently held in public storage in the Community ; bought in under Article 7 of Regulation ( EEC) No whereas steps should be taken to sell these stocks 804/ 68 and placed in storage after 31 March 1974 but where outlets for this product exist ; before the date on which the contract of sale is conducted . Whereas there are outlets for the exportation of skim­ med-milk powder to third countries under long-term contracts ; whereas in order to relieve the Community Article 2 from the cost of prolonged storage, exporters should be allowed to obtain supplies from the intervention agencies ; 1 . The skimmed-milk powder shall be sold :

Whereas Article 5 (2) of Council Regulation ( EEC) No (a) ex-storage depot at a price which in the case of 1014/ 68 (3 ) of 20 July 1968 laying down general rules contracts concluded during the month of October for the public storage of skimmed-milk powder, as last 1974 shall be equal to the buying-in price applied amended by Regulation ( EEC) No 121 1 / 69 (4), by the relevant intervention agency at the time when the contract is concluded ; . provides that the selling price of skimmed-milk powder held in public storage must be higher than (b) in lots of 2 000 metric tons or more ; the intervention price by an amount to be determined by reference to the market situation and to storage (c) to purchasers who costs ; whereas on the basis of those criteria the selling price for the month of October 1974 should be fixed — can produce evidence of a contract concluded at the level of the intervention price applicable with on or after 7 October 1974 whereby they have effect from 7 October 1 974 ; whereas the selling undertaken to deliver to a third country over a prices applicable after this month should be fixed period of not less than five months a quantity of at least 2 000 metric tons of skimmed-milk having regard in particular to the trend of the market ; powder, Whereas the terms of sale , and in particular time — give an undertaking that they will , within a limits for payment and taking delivery in respect of period not exceeding twelve months calculated skimmed-milk powder purchased , must be specified ; from the date on which the contract with the having regard to the special conditions governing long­ intervention agency is concluded , export to the term contracts and to the need to ensure to purchasers country of destination specified in the contract a continuous supply ; whereas provision should also referred to in the preceding indent the quan­ be made for the giving of security calculated to ensure tity purchased for the purposes of that that exportation takes place as prescribed ; contract ;

Whereas , in order that it may keep the operation of (d ) in packaging marked , in letters at least 2 cm high , these arrangements under observation , the Commis­ with one or more of the following expressions : sion must be informed at regular intervals of the quan­ tities sold ; — ' Lait ecreme en poudre destine a ['exportation conformement au reglement ( CEE ) n° (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . 2609 / 74', (2 ) OJ No L 85 , 29 . 3 . 1974, p. 51 . ( 3 ) OJ No L 173 , 22 . 7 . 1968 , p. 4 . — ' Magermilchpulver fiir die Ausfuhr gemafi der (4 ) OJ No L 155 , 28 . 6 . 1969 , p. 13 . Verordnung ( EWG ) Nr. 2609 / 74',

No L 278 /8 Official Journal of the European Communities 15 . 10 . 74

— ' Latte scremato in polvere destinato all esporta­ — the date up to which storage costs as referred to in zione conformemente al regolamento (CEE) n . paragraph 2 have been reimbursed for the quantity 2609 /74', concerned . — 'Magere-melkpoeder bestemd voor uitvoer, 5 . Except in case of force majeure, if the buyer fails volgens Verordening (EEG) nr. 2609/74', to take over the skimmed-milk powder within the — 'Skimmed-milk powder for export pursuant to period specified in paragraph 1 , the contract shall be Regulation (EEC) No 2609/74', terminated in respect of the quantities outstanding. — 'Skummetmaelkspulver bestemt for eksport i overensstemmelse med forordning (E0F) nr. In such cases, the security for export provided 2609 /74'. pursuant to Article 2 (2) shall in respect of those quan­ tities be forfeit in an amount equal to the amount of 2. The sale by the intervention agency of the skim­ the storage costs as referred to in paragraph 2 incurred med-milk powder shall be subject to provision by the up to the date of termination of the contract . purchases, on or before conclusion of the contract of sale, of security for export in an amount of 10 units of 6 . The purchaser shall in respect of any instalment account per 100 kilogrammes . of skimmed-milk powder of which he takes delivery pursuant to paragraph 1 make payment to the inter­ Such security shall be given at the option of the vention agency within four months of so taking Member State either in the form of a cheque made delivery . out in favour of the intervention agency, or in the form of a guarantee satisfying the requirements laid This period shall be calculated as follows : down by the Member State concerned . — if delivery is taken between the 1st and 15th inclu­ sive of the month ; from the 15th of that month , Article 3 — if delivery is taken between the 16th and the last 1 . The purchaser shall , before the end of the day of the month ; from the last day of that seventh month following that in which the contract of month . purchase is concluded , take delivery of all the skim­ med-milk powder purchased by him . This operation Article 4 may be effected by instalments . 2 . Costs in respect of storage for the period 1 . From the time of its removal from store until it running from the end of the month following that in leaves the geographical territory of the Community which the contract of purchase is concluded until the the skimmed-milk powder shall be placed under date when the purchaser takes delivery shall be reim­ customs control or under an administrative control bursed by him to the intervention agency at the rate offering equivalent safeguards . of 0-021 unit of account per 100 kilogrammes per day . 2 . The customs formalities on exportation shall be 3 . Before taking delivery of any quantity, the completed in the Member State of sale . purchaser shall — reimburse to the intervention agency the costs of Article 5 storage as referred to in paragraph 2 in respect of the quantity concerned , 1 . Save as provided in the second subparagraph of — provide security in the amount of 83 units of Article 3 (5) or in case of force majeure, the security account per 100 kilogrammes as a guarantee that for export provided pursuant to Article 2 (2) shall be he will make payment for the skimmed-milk discharged only in respect of those quantities as to powder in accordance with paragraph 6. Such secu­ which the purchaser furnishes proof that they have rity shall be in one of the forms provided for in been exported as prescribed in the second indent of the second subparagraph of 2 (2). It shall not be Article 2 ( 1 ) (c ). discharged until payment has been made in accor­ 2 . This proof shall be furnished as follows : dance with paragraph 6 . — where the product leaves the geographical territory 4 . When the conditions laid down in paragraph 3 of the Community from the territory of the have been fulfilled , the intervention agency shall issue Member State of sale , by production of a customs a removal order indicating : document certifying that the product has so left — the quantity in respect of which the security and stating that exportation has taken place in referred to in the second indent of paragraph 3 accordance with this Regulation , has been given , — where the product leaves the geographical territory — the storage depot where the quantity concerned is of the Community from the territory' of a Member stored , State other than the Member State of sale , by — the final date pursuant to paragraph 1 for taking production of the control copy provided for in delivery of the skimmed-milk powder, Article 1 of Regulation ( EEC) No 2315 / 69 .

15 . 10 . 74 Official Journal of the European Communities No L 278 / 9

Sections 101 , 103 and 104 of the control copy shall be med-milk powder in respect of which contracts of sale completed . Section 104 shall be completed by have been concluded under this Regulation during the deleting as necessary and entering against the second proceeding week, indicating for each quantity the indent one of the endorsements set out in Article 2 ( 1 ) country of destination and the delivery period pres­ (d) of the present Regulation . cribed by the contract referred to in Article 2 ( 1 ) (c).

The provisions of Article 3 with the exception of the second indent of the first subparagraph of paragraph 1 thereof and Article 4 of Regulation No 1041 /67/ EEC Article 7 shall apply mutatis mutandis.

Article 6 This Regulation shall enter into force on the day The Member States shall inform the Commission by following its publication in the Official Journal of the Tuesday of each week of the quantities of skim­ the European Communities.

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

Done at Brussels , 14 October 1974 .

For the Commission The President Francois-Xavier ORTOLI