31975R0078

15 . 1 . 75 Official Journal of the European Communities No L 10/7

REGULATION ( EEC) No 78 / 75 OF THE COMMISSION of 14 January 1975 on the sale at fixed prices of certain quantities of skimmed-milk powder held by the United Kingdom intervention agency

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES,

Article1¶

Having regard to the Treaty establishing the European The United Kingdom intervention agency shall put Economic Community ; up for sale skimmed-milk powder taken into store by it before 1 December 1973 which no longer satisfies the requirements as to quality laid down in Article 1 Having regard to Council Regulation (EEC) No ( 1 ) of Regulation (EEC) No 1108 /68 . 804/68 (') of 17 June 1968 on the common organiza­ tion of the market in milk and milk products, as last Article 2 amended by Regulation ( EEC) No 662/74 (2 ), and in particular Articles 7 (5) and 28 thereof ; 1 . The skimmed-milk powder shall be sold :

(a) at a price, ex-intervention agency storage depot, Whereas Council Regulation (EEC) No 1014/68 (3) of equal to the buying-in price applied by the inter­ 20 July 1968 laying down general rules for the public vention agency concerned at the time when the storage of skimmed-milk powder, as last amended by contract of purchase is concluded , less 12 units of Regulation (EEC) No 2434/ 69 (4 ), lays down condi­ account per 100 kg ; tions for putting skimmed-milk powder held by inter­ (b) in lots of not less than 10 metric tons ; vention agencies back on the market ; whereas the (c) to purchasers who agree to forgo all claims United Kingdom intervention agency holds certain regarding the quality and packaging of the skim­ quantities of skimmed-milk powder which no longer med-milk powder concerned ; fulfil the conditions laid down in Article 1 ( 1 ) of Commission Regulation ( EEC) No 1 108 / 68 (5 ) of 27 (d) bearing on the packaging the following descrip­ tion : ' ex intervention stock '. July 1968 on detailed rules of application for public storage of, skimmed-milk powder, as last amended by Regulation ( EEC) No 1 636/74 (6) ; whereas it appears 2. The purchaser shall pay the intervention agency necessary, in parallel with the sale by tender of this for the skimmed-milk powder before delivery as skimmed-milk powder pursuant to Commission Regu­ provided in paragraph 3 . lation ( EEC) No 3226/ 74 ( 7) of 20 December 1974 on 3 . The purchaser shall take delivery of all the skim­ the opening of an invitation to tender for a further quantity of skimmed-milk powder held by the United med-milk powder purchased within 10 days of the day on which the contract of sale is concluded . Kingdom intervention agency, to enable prospective purchasers for whom the lots put up for tender are too 4. Except in cases of force majeure, the contract of large to obtain certain quantities of the skimmed-milk sale shall be void in respect of any quantities of which powder in question at a fixed price, to be determined the purchaser fails to take delivery within the pres­ by reference to the intervention price operative at the cribed period . time when the contract is concluded and having regard to the tenders received in response to previous invitations to tender and to the market situation ; Article 3

The United Kingdom shall inform the Commission Whereas the measures provided for in this Regulation by the Tuesday on each week of the quantities of are in accordance with the Opinion of the Manage­ skimmed-milk powder sold under this Regulation ment Committee for Milk and Milk Products , during the preceding week .

(') OJ No L 148 , 28 . 6 . 1968 , p. 13 . (2 ) OJ No L 85, 29 . 3 . 1974, p. 51 . Article 4 (3) OJ No L 173 , 22. 7 . 1968 , p. 4. (4 ) OJ No L 307, 7 . 12. 1969 , p. 2. This Regulation shall enter into force on the day (5 ) OJ No L 184, 29 . 7. 1968 , p. 34. (*) OJ No L 173 , 28 . 6 . 1974, p. 60 . following its publication in the Official Journal of ( 7) OJ No L 342, 21 . 12 . 1974, p . 29, the European Communities.

No L 10/8 15 . 1 . 75 Official Journal of the European Communities

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

Done at Brussels, 14 January 1975 .

For the Commission The President

François-Xavier ORTOLI