31975R0602

No L 63/ 18 Official Journal of the European Communities 8 . 3 . 75

REGULATION ( EEC) No 602 / 75 OF THE COMMISSION

of 7 March 1975

laying down detailed rules for the sale of skimmed-milk powder in public storage for supply to developing countries

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

Article 1 Having regard to the Treaty establishing the European Economic Community ; International organizations, bodies and associations as referred to in Article 1 of Regulation (EEC) No Having regard to Council Regulation ( EEC) No 804/ 68 (') of 27 June 1968 on the common organiza­ 155/75 may benefit from the provisions of that Regula­ tion of the market in milk and milk products, as last tion only if they meet the following criteria : amended by Regulation ( EEC) No 465/75 (2), and in (a) international organizations must have as their particular Articles 7 ( 5) and 28 thereof ; object the implementation of food aid programmes in developing countries and must Whereas Council Regulation (EEC) No 155/75(3 ) of furnish proof of previous activities of a kind 21 January 1975 provides that skimmed-milk powder having enabled them to acquire experience in this in public storage may be sold for delivery to deve­ field ; loping countries ; whereas, in view of the situation on the Community market for skimmed-milk powder (b) non-profit-making bodies and associations must and of the interest shown by certain of the organiza­ have their head office in a Member State , have as tions concerned, this provision should be put into their object the provisions of aid to the under-privi­ effect and detailed rules as referred to in Article 2 of leged and must furnish proof of previous activities Regulation ( EEC) No 1 55/75 adopted for the purpose ; of a kind having enabled them to acquire experi­ ence in supplying food aid to developing coun­ tries . Whereas by reason of their reputation some interna­ tional agencies which have been participating for a number of years in Community food aid action may be regarded as possessing sufficient experience in this Article 2 field ; whereas provision should be made for other non-profit-making bodies and associations to apply The following international organizations shall be for approval as prospective purchasers under Regula­ regarded as meeting the conditions laid down in tion ( EEC) No 155/ 75 and in particular to furnish Article 1 : proof of previous activities of a kind having enabled them to acquire appropriate experience ; — World Food Programme (WFP), — International Committee of the Red Cross (ICRC), Whereas the recipient countries must be required to — United Nations Children 's Fund ( UNICEF), — United Nations Relief and Work Agency give an undertaking not to use the product in a ( UNRWA), manner likely to disturb normal trading relations ; — United Nations Disaster Relief Organization ( UNDRO), Whereas, in order to prevent the goods from being — United Nations High Commission for Refugees diverted from their intended destination , provision ( UNHCR), should be made for the giving of a security and for — CARITAS , the product to be placed from the time it is removed — World Council of Churches . from storage until it leaves the Community under customs control or under a form of administrative control offering equivalent safeguards ; Article J

Whereas the measures provided for in this Regulation International organizations not listed in Article 2 are in accordance with the Opinion of the Manage­ wishing to benefit from the provisions of Regulation ment Committee for Milk and Milk Products , ( EEC ) No 155/ 75 must submit to the Commission an application for approval and supply, together with (') OJ No L 148 , 28 . 6 . 1968 , p. 11 (*) OJ No L 52, 28 . 2 . 1975, p . 8 . supporting documents establishing that they fulfil the (3 ) OJ No L 19 , 14 . 1 -. 1975 , p . 3 . requirements laid down in Article 1 (a).

8 . 3 . 75 Official Journal of the European Communities No L 63 / 19

Article 4 (d) in packing bearing in letters not less than 1 cm high one or more of the following inscriptions : 1 . Non-profit-making bodies and associations Skimmed-milk powder for free distribution under wishing to benefit from the provisions of Regulation Regulation (EEC) No 155/75', ( EEC) No 1 55 / 75 must submit to the intervention Lait ecreme en poudre destiné à une livraison gra­ agency concerned an application for approval, tuite au titre du règlement (CEE) n0 155/75', together with supporting documents establishing that Magermilchpulver zur kostenlosen Lieferung they fulfil the requirements laid down in Article 1 (b), gemaft der Verordnung (EWG) Nr. 155/75', in particular as regards : Latte scremato in polvere destinato ad una forni­ — their legal status, their field of activity and their tura gratuita conformemente al regolamento (CEE) object ; n . 155 /75 ', — their previous experience as regards food aid . Magere-melkpoeder bestemd voor gratis levering, volgens Verordening (EEG) nr. 155/75', 2. The intervention agency shall forthwith forward 'Skummetmælkspulver bestemt for gratis levering i the application and supporting documents to the overensstemmelse med forordning ( EØF) nr. Commission . 155/ 75'.

Article 5 Article 7 1 . International organizations and non-profit­ making bodies and associations (hereinafter called 1 . Every recipient country shall give an under­ ' recipient agencies') shall together with their applica­ taking to use for human consumption the product tions for skimmed-milk powder also submit a detailed received as aid and to take all measures necessary to plan for the use of the skimmed-milk powder which ensure that : they wish to purchase . — deliveries of food aid do not replace normal They shall in particular specify the amount to be allo­ commercial transactions ; cated to each recipient country and the form in which — products received as aid or products derived there­ the product is to be used in that country. form are not re-exported ; 2 . The Commission , acting in accordance with the — for a period of six months from the date of procedure laid down in Article 30 of Regulation ( EEC) delivery of the final consignment of aid, no No 804/ 68 , shall decide on applications for approval product produced locally of the same nature as and supply and, having regard to the economic situa­ that received as aid or derived from such local tion in the recipient country or countries proposed, to product is exported whether by way of trade or their actual needs and to the amounts already allo­ otherwise . cated or to be allocated as food aid , shall determine the quantities to be made available, designate the inter­ 2. This undertaking shall be conformed by a certifi­ vention agency which is to conclude the contract of cate issued to the recipient agency in question by the sale and supply the skimmed-milk powder and lay competent authorities of the recipient country. down any special arrangements required for the taking over of the goods .

Article8¶

1 . The recipient agency shall take delivery of the The skimmed-milk powder shall be sold : skimmed-milk powder not later than three months (a) in quantities of not less than 10 metric tons ; from the end of the month in which the contract of sale is concluded . Delivery may be taken by instal­ (b) at a price of 44-35 units of account per 100 kilo­ ments . grammes ex-intervention agency store , this amount ' being multiplied in the case of the Except in case of force majeure, the contract of sale Benelux countries by the factor 1-00725 ; shall be terminated in respect of any quantity of skim­ (c ) to purchasers : med-milk powder of which the purchaser fails to take — who submit a certificate as specified in Article delivery within the above period . 7 2 , — who undertake to distribute it , free of charge 2 . Prior to taking delivery of each amount the recip­ and within not more than four months from ient agency shall : the date on which they take delivery of the — pay the intervention agency for the amount in quantity purchased , in the non-member recip­ question ; ient country or countries named in their appli­ cation ; — furnish security equal to the price paid .

No L 63 / 20 8 . 3 . 75 Official Journal of the European Communities

Article9¶

1 . The security referred to in Article 8 (2) shall at 1 . The skimmed-milk powder shall from the time the option of the Member State concerned be in the it is taken over until it is removed from the geogra­ form of a cheque made out in favour of the interven­ phical territory of the Community be placed under tion agency or in the form of a guarantee fulfilling the customs control or under a form of administrative requirements laid down by that Member State . control offering equivalent safeguards.

2. Except in a case of force majeure, the security 2 . Customs export formalities shall be completed shall be released only in respect of those quantities as in the Member State in which the powder is sold . to which recipient agency furnishes proof establishing that they have left the geographical territory of the Article 11 Community and been put into free circulation in the No refund may be granted in respect of products recipient country. exported pursuant to this Regulation . The monetary 3 . The proof referred to in paragraph 2 shall be compensatory amounts fixed pursuant to Regulation furnished as prescribed in the case of export refunds . (EEC) No 974/71 shall be multiplied by the factor 0-5 .

4. In a case of force majeure, the intervention Article 12 agency shall decide on the measures to be taken having regard to the circumstances invoked and shall This Regulation shall enter into force on 10 March forthwith inform the Commission thereof . 1975 .

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

Done at Brussels, 7 March 1975 .

For the Commission

P.J. LARDINOIS

Member of the Commission