31974R2978

27 . 11 . 74 Official Journal of the European Communities No L 317/ 17

REGULATION ( EEC) No 2978 /74 OF THE COMMISSION of 26 November 1974 laying down conditions for the sale for export of skimmed-milk powder held by intervention agencies and concerning the adjustment of refunds fixed in advance for skimmed-milk powder not coming from intervention stocks

THE COMMISSION OF THE EUROPEAN such an adjustment, it is appropriate to make provi­ COMMUNITIES , sion for the latter ;

Having regard to the Treaty establishing the European Whereas the Management Committee for Milk and Economic Community ; Milk Products has not delivered on opinion within the Having regard to Council Regulation (EEC) No time limit set by its Chairman , 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 HAS ADOPTED THIS REGULATION : particular Article 7 (5), the first subparagraph of Article 17 (4) and Article 28 thereof ;

Whereas large quantities of skimmed-milk powder are Article 1 currently held in public storage in the Community ; whereas steps should be taken to sell these stocks 1 . The intervention agencies shall offer for sale, on where outlets for the product exist ; the terms set out below, skimmed-milk powder bought in under Article 7 of Regulation (EEC) No Whereas Commission Regulation (EEC) No 804/68 and placed in storage after 31 March 1974 but 2609 /74 (3) of 14 October 1974 on the sale for export before 1 September 1974 . of skimmed-milk powder held by intervention agen­ cies authorized Community exporters to obtain 2 . Provided that the total quantity of skimmed­ supplies of skimmed-milk powder from intervention milk powder as specified in Article 1 sold by any one agencies during the month of October 1974 for export intervention agency shall not exceed 50 % of the in performance of long-term contracts ; whereas, since quantity held by that agency at the date of entry into the situation on the world market is more or less force of this Regulation . unchanged, that measure should be extended ;

Whereas experience has shown that some provisions 3 . Contracts of sale must be concluded not later of the abovementioned Regulation should be than 31 December 1974 . amended, particularly as regards the selling price, the final dates for payments and for taking delivery and Article 2 the advance fixing of the refund ;

Whereas this Regulation gives exporters who purchase 1 . The skimmed-milk powder shall be sold : from intervention agencies a certain measure of price guarantee which may extend beyond the date on (a) ex-storage depot at a price equal to the buying-in which any amendment of the intervention price is price applied by the relevant intervention agency effected ; whereas means should accordingly be sought at the time when the contract is concluded, plus whereby exporters of skimmed-milk powder who 1-5 u.a./ lOO kg ; purchase on the open market may benefit from a (b) in lots of 5 000 metric tons or more ; similar guarantee ; whereas subparagraph (a) of the second subparagraph of Article 5 (3) of Council Regu­ (c) to purchasers who : lation (EEC) No 876/68 (4) of 28 June 1968 laying down general rules for granting export refunds on — can produce evidence of a contract concluded milk and milk products and criteria for fixing the on or after 7 October 1974 under which they amount of such refunds , as last amended by Regula­ have undertaken to deliver over a period tion (EEC) No 2429 /72 (5), provides that refunds fixed exceeding five months to a third country indi­ in advance may be adjusted if intervention prices are cated in the contract a quantity of not less than 5 000 metric tons of skimmed-milk altered ; whereas having regard to the present market situation , which already indicates the possibility of powder ; — can produce evidence that they have lodged an (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . application for advance fixing of the refund (2 ) OJ No L 85, 29 . 3 . 1974, p. 51 . and for an export licence valid for eight (3 ) OJ No L 278 , 15 . 10 . 1974, p. 7 . (4 ) OJ No L 155 , 3 . 7 . 1968 , p. 1 . months, applicable to the country of destina­ (5) OJ No L 264, 23 . 11 . 1972, p. 1 . tion specified in the contract referred to in the

No L 317/ 18 Official Journal of the European Communities 27 . 11 . 74

first indent and relating to the quantity of (a) shall pay the intervention agency for the quantity skimmed-milk powder to be purchased ; in question ; — give an undertaking that they will, under the (b) shall pay any storage costs due under paragraph 2. abovementioned export licence and in perfor­ mance of the contract referred to in the first 4. When the conditions set out in paragraph 3 have indent, export the quantity of skimmed-milk been satisfied, the intervention agency shall issue a powder purchased ; removal order indicating : (d) in packaging marked in letters at least 2 cm high (a) the quantity in respect of which those conditions with one or more of the following endorsements : have been satisfied ; — 'Skimmed-milk powder for export under Regu­ (b) the storage depot or depots where the quantity in lation (EEC) No 2978/74', question is stored ; — 'Lait ecreme en poudre destine a l'exportation conformement au reglement (CEE) n° (c) the final dates pursuant to paragraphs 1 and 6 for 2978 /74', taking delivery of the skimmed-milk powder ; — 'Magermilchpulver fur die Ausfuhr gemaft der (d) where appropriate, the date up to which any Verordnung (EWG) Nr. 2978/74', storage costs due under paragraph 2 have been — 'Latte scremato in polvere destinato all'exporta­ paid in respect of the quantity in question . zione conformemente al regolamento (CEE) n . 5. If at the time of taking delivery the skimmed­ 2978 /74', milk powder purchased has been in store for more — 'Magere-melkpoeder bestemd voor uitvoer, than six months, the intervention agency may, if the volgens Verordening (EEG) nr. 2978/74', purchaser so requests, substitute for the quantity — 'Skummetmaelkspulver bestemt for eksport i outstanding an equivalent quantity which has been in overensstemmelse med forordning (E0F) nr. store for less than six months . 2978 /74'. 6. Except in cases of force majeure, if the buyer 2. The sale by the intervention agency of the skim­ fails to take over the skimmed-milk powder within med-milk powder shall be subject to the provision by eight months reckoned from the end of the month in the purchaser, on or before conclusion of the contract which the contract of sale with the intervention of sale, of security in an amount of 10 u.a./ lOO kg. agency was concluded, the contract shall be termi­ Such security shall take the form, as the Member State nated in respect of the quantities outstanding. chooses, either of a cheque made out in favour of the 7. In cases of force majeure, the intervention intervention agency or of a guarantee satisfying the agency shall take such action as it considers necessary requirements laid down by the Member State concerned . in the light of the circumstances invoked.

Where an intervention agency accepts a case of force Article 3 majeure as such , the Member State concerned shall immediately so notify the Commission , which shall 1 . The purchaser shall take over the skimmed-milk inform the other Member States . powder within the following time limits, reckoned from the end of the month in which the contract of sale is concluded : Article 4 (a) three months, as regards half the quantity 1 . From the time of its removal from store until it purchased ; leaves the geographical territory of the Community (b) six months, as regards the remainder. the skimmed-milk powder shall be placed under customs control or under an administrative control The purchaser may take delivery of each half in instal­ offering equivalent safeguards. ments, provided that the above time limits are complied with . 2. Customs export formalities shall be completed in the Member State of sale . 2. Except in cases of force majeure, if the buyer fails to take delivery of the skimmed-milk powder within the periods specified in paragraph 1 he shall Article 5 pay the storage costs incurred in respect of the outstanding quantities by the intervention agency 1 . The security provided for in Article 2 (2) shall be from the day on which the contract of sale was forfeit in respect of any quantities in respect of which concluded until the day on which delivery is taken . the contract of sale is terminated pursuant to Article 3 Such costs shall be calculated at a flat rate of 0-029 (6). u.a./ lOO kg per day of storage. Moreover, except in case of force majeure, the security 3 . Before taking delivery of any quantity, the shall be released only in respect of those quantities in purchaser : respect of which the purchaser furnishes proof of

27 . 11 . 74 Official Journal of the European Communities No L 317/ 19

exportation in accordance with the third indent of Article 6 Article 2 ( 1 ) (c). If the intervention price for skimmed-milk powder is 2. This proof shall be furnished as follows : altered for the 1975/76 milk year, refunds fixed in advance prior to 1 January 1975 for a period (a) where the product leaves the geographical territory exceeding 60 days in respect of products falling of the Community from the territory of the within subheading 04.02 A II b) 1 of the Common Member State of sale, by production of a customs Customs Tariff shall be adjusted accordingly. Provided document certifying such departure and specifying that a refund is fixed in advance under the second that the product was exported under this Regula­ indent of Article 2 ( 1 ) (c) or for exportations under tion , or Regulation (EEC) No 2609/74 it shall not be subject where the product leaves the geographical territory to any adjustment within the meaning of Article 5 (3) of the Community from the territory of a Member of Regulation (EEC) No 876/68 . State other than the Member State of sale , by production of the control copy provided for in Article 7 Article 1 of Regulation (EEC) No 2315/69 . The Member States shall inform the Commission Sections 101 , 103 and 104 of the control copy forthwith of the quantities of skimmed-milk powder shall be completed. Section 104 shall be in respect of which contracts of sale have been completed by deleting as necessary and entering concluded by the intervention agency under this Regu­ against the second indent one of the endorsements lation, indicating for each quantity the country of specified in Article 2 ( 1 ) (d) of this Regulation ; destination and the delivery period prescribed by the and % contract as referred to in the first indent of Article 2 the provisions of Article 5 (3) of Regulation No ( 1 ) (c). 1041 /67/ EEC shall apply mutatis mutandis ; Article 8 (b) by production of documents as referred to in Article 8 ( 1 ) of Regulation No 1041 / 67/ EEC esta­ This Regulation shall enter into force on the day blishing that the quantities concerned have in fact following its publication in the Official Journal of been imported into the third country in question . the European Communities.

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

Done at Brussels, 26 November 1974 .

For the Commission

The President

Francois-Xavier ORTOLI