31975R0155

24 . . 75 No L 19/ 3 Official Journal of the European Communities

REGULATION ( EEC) No 155 / 75 OF THE COUNCIL of 21 January 1975 on the sale of skimmed-milk powder from public stocks for supply to deve­ loping countries

THE COUNCIL OF THE EUROPEAN tions, institutions and associations in question at COMMUNITIES, reduced prices ; whereas , in the case of natural disas­ ters, it might prove desirable, for the sake of speed, to sell directly to third countries which are prepared to Having regard to the Treaty establishing the European buy on the terms laid down ; Economic Community ;

Whereas such sale must be made subject to conditions Having regard to Council Regulation (EEC) No to ensure that the skimmed-milk powder is not 804/68 (') of 27 June 1968 on the common organiza­ diverted from its destination , tion of the market in milk and milk products, as last amended by Regulation (EEC) No 662/74 (2), and in particular Article 7 (4) thereof ;

HAS ADOPTED THIS REGULATION : Having regard to the proposal from the Commission ;

Whereas the second subparagraph of Article 7 (2) of Article 1 Regulation (EEC) No 804/68 provides that special measures may be taken for skimmed-milk powder bought in by intervention agencies which cannot be 1 . The decision may be taken to sell at a reduced marketed on normal terms during a milk year ; price up to 100 000 metric tons of the skimmed-milk powder bought in pursuant to Article 7 ( 1 ) of Regula­ tion (EEC) No 804/68 for supply to developing coun­ Whereas one feature of the Community market in tries to skimmed-milk powder is the existence of large stocks held by intervention agencies, only part of which can (a) international organizations responsible for carrying be sold on the terms provided for in Article 5 (2) of out food-aid programmes ; Council Regulation (EEC) No 1014/ 68 (3) of 20 July 1968 laying down general rules for the public storage (b) non-profit-making institutions and associations of skimmed-milk powder as last amended by Regula­ established within the Community and also tion (EEC) No 121 1 / 69 (4); whereas only limited sales working the field of food aid . for export are possible on those terms ; whereas prolonged storage should be avoided because of the 2. In the case of natural disasters, the decision may high costs entailed ; whereas special measures should be taken to sell directly to the third country in ques­ therefore be taken to facilitate the disposal of the tion . skimmed-milk powder ; 1. The selling price ex intervention agency storage Whereas there is a growing need for protein milk depot shall be equal to 50 % of the price at which products in developing countries ; whereas food aid is agencies are buying in skimmed-milk powder when provided not only under Community programmes, the contract of sale is concluded . but also by international organizations and by non­ profit-making institutions and associations in the Community working in the field of food aid for deve­ Articlc 2 loping countries which purchase, on the market, skim­ med-milk powder for supply to such countries ; whereas market prices have risen steeply, so that the The detailed rules for the application of this Regula­ quantities which were to be supplied for the projects tion shall , in particular, include : concerned might have to be reduced ; whereas the stocks held by the intervention agencies are such that — the criteria to be satisfied by the organizations, institutions and associations referred to in Article skimmed-milk powder may be sold to the organiza­ i ( i ); (') OJ No L 148 , 28 . 6. 1968 , p. 13 . — measures to ensure that the skimmed-milk powder (2) OJ No L 85, 29 . 3 . 1974, p. 51 . (3) OJ No L 173 , 22. 7. 1968 , p. 4. is not diverted from its destination , which may (4) OJ No L 155 , 28 . 6. 1969, p. 13 . include the condition that a security be provided ;

No L 19 /4 Official Journal of the European Communities 24 . 1 . 75

— provisions to ensure that, where the skimmed­ Article 3 milk powder is not distributed free of charge, the price reduction granted by intervention agencies is This Regulation shall enter into force on the third day reflected in the selling price in the third countries following its publication in the Official Journal of to which the product is sent. the European Communities.

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

Done at Brussels , 21 January 1975 . For the Council

The President

M A CLINTON