31974R3236

No L 346/4 Official Journal of the European Communities 24 . 12 . 74

REGULATION ( EEC) No 3236/ 74 OF THE COUNCIL of 17 December 1974 laying down general rules for the supply of skimmed-milk powder as food aid to the countries of the Sahel and Ethiopia

THE COUNCIL OF THE EUROPEAN Whereas the supplies must be delivered at the lowest COMMUNITIES , possible price ; whereas in order to achieve that aim , a tendering procedure should be provided for ; whereas, Having regard to the Treaty establishing the European however, it may be desirable, in the interests of flexi­ Economic Community, and in particular Article 43 bility and speed, to have recourse to a different proce­ thereof ; dure ;

Having regard to Council Regulation ( EEC) No Whereas detailed rules for the application of the 804/ 68 (') of 27 June 1968 on the common organiza­ measures to be taken when skimmed-milk powder is tion of the market in milk and milk products , as last purchased on the market should be adopted in accor­ amended by Regulation ( EEC) No 662/ 74 (2), and in dance with the procedure laid down in Article 30 of particular Article 7 (4) thereof ; Regulation (EEC) No 804/68 , as in the case of the rules to be applied where public stocks are used , Having regard to the proposal from the Commission ;

Having regard to the Opinion of the European Parlia­ ment ; HAS ADOPTED THIS REGULATION : Whereas the countries of the Sahel and Ethiopia have indicated their requirements as regards high-protein milk products ; whereas these high-protein products Article 1 may be supplied in the form of skimmed-milk powder produced within the Community and meeting certain quality standards ; There shall be made available as food aid to the coun­ tries listed below 9 000 metric tons of skimmed-milk Whereas the supply of skimmed-milk powder must powder allocated as follows : take into account the amounts of skimmed-milk powder available in the Community and the need to (metric tons) avoid disturbing the market ; 1 300 Upper Volta Mali 1 500 Whereas the amounts at present available enable Mauritania 1 200 9 000 metric tons of skimmed-milk powder to be Niger 1 250 supplied ; whereas, moreover, there is some mobility Senegal 500 in distribution as between public stocks and market Chad 500 availabilities ; Ethiopia 1 600 Reserve stock 1 150 Whereas , in view of the situation on the Community market in skimmed-milk powder, the urgency of some of the deliveries and the need to ensure regular supplies, arrangements should be made for the skim­ Article 2 med-milk powder supplied as food aid to be obtained , depending on availabilities , either from the stocks 1 . The skimmed-milk powder referred to in Article held by the intervention agencies or by purchase on 1 shall be purchased in accordance with Article 7 ( 1 ) the Community market ; of Regulation ( EEC) No 804/68 . Whereas part of the quantities thus obtained should 2 . If the amounts of skimmed-milk powder in be apportioned among the countries of the Sahel and public stocks are insufficient to supply the quantities Ethiopia and a reserve stock formed for subsequent distribution ; provided for in Article 1 or if they do not have the characteristics necessary for their particular destina­ Whereas , to enable the aid to be used effectively , arran­ tion where this requires , in particular, other forms of gements should be made to finance delivery to the packing or the addition of vitamins or other additives, points of destination ; supplies shall be obtained by the purchase of skim­ med-milk powder on the Community market . Such (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . purchase must be made in such a way as to avoid ( 2 ) OJ No L 85 , 29 . 1974, p. 5 . disturbing the normal trend of market prices .

24 . 12 . 74 Official Journal of the European Communities No L 346/ 5

Article 3 mined by tendering procedure . However, in respect of forwarding a different procedure may be adopted . For the purposes referred to in Article 1 , the cost of the skimmed-milk powder, its labelling and delivery to the points of destination and the supply of any vita­ mins to be added to the milk shall be financed by the Article 6 Community . The decision to apply Article 2 (2) shall be taken and Article 4 the arrangements for implementing Article 2 (2) and Article 5 shall be adopted in accordance with the The costs of forwarding from the cif stage shall be procedure laid down in Article 30 of Regulation ( EEC) paid by the Commission in whole or in part directly No 804/ 68 . to the country of destination in the form of a lump-sum contribution where the supply agreement so provides . In that event the Commission may make partial advance payments . Article 7

Article 5 This Regulation shall enter into force on the third day The expenditure referred to in Article 3 , excluding the following its publication in the Official Journal of lump-sum contribution , shall in principle be deter­ the European Communities.

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

Done at Brussels, 17 December 1974 . For the Council The President

M. DURAFOUR