31975R1347

29 . 5 . 75 No L 138 / 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 1347/ 75 OF THE COUNCIL of 26 May 1975 laying down general rules for the supply of skimmed-milk powder as food aid to certain developing countries and international organization under the 1975 programme

THE COUNCIL OF THE EUROPEAN Whereas, in order to enable the aid to be used effec­ COMMUNITIES, tively, arrangements should be made to finance certain transport and distribution costs ; Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 Whereas the supplies must be delivered at the thereof ; cheapest possible price ; whereas in order to achieve that aim, a tendering procedure must be provided for ; Having regard to Council Regulation (EEC) No whereas, however, it may be desirable in the interests 804/68 ( l) of 27 June 1968 on the common organiza­ of speed to carry out emergency operations by private tion of the market in milk and milk products as last contract ; amended by Regulation ( EEC) No 740/75 (2), and in particular Article 7 (4) thereof ; Whereas it is desirable that the rules for the applica­ Having regard to the proposal from the Commission ; tion of the measures laid down for buying-in skim­ med-milk powder on the market should be adopted in Having regard to the Opinion of the European accordance with the procedure laid down in Article 30 Parliament ; of Regulation ( EEC) No 804/ 68 , as in the case of the rules to be applied where public stocks are used, Whereas certain developing countries and interna­ tional organizations have indicated their requirements in high-protein milk products ; whereas these high­ protein products may be supplied in the form of skim­ HAS ADOPTED THIS REGULATION : med-milk powder produced within the Community and meeting certain quality standards ; Article 1 Whereas the supply of skimmed-milk powder must take into account the amounts of skimmed-milk 43 010 metric tons of skimmed-milk powder shall be powder available in the Community and the necessity made available to certain developing countries and of not disrupting market conditions ; international organizations as food aid under the 1975 programme . Whereas the amounts available at present enable 43 010 'metric tons of skimmed-milk powder to be supplied under the 1975 programme ; Article 2 Whereas, if the quantities of skimmed-milk powder in public stocks are insufficient for the envisaged 1 . The skimmed-milk powder referred to in Article delivery of the abovementioned amount, or if they do 1 shall be purchased in accordance with Article 7 ( 1 ) not have the characteristics necessary for their parti­ of Regulation ( EEC) No 804/ 68 . cular destination where this requires in particular other forms of packing or the addition of vitamins or 2. If the amounts of skimmed-milk powder in other additives, supplies must be ensured by the public stocks are insufficient to supply the quantities buying-in of skimmed-milk powder on the Commu­ provided for in Article 1 or if they do not have the nity market ; characteristics necessary for their particular destina­ tion where this requires, in particular, other forms of (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . packing or the addition of vitamins or other additives, (2) OJ No L 74, 22 . 3 . 1975, p . 1 . supplies shall be ensured by the buying-in of skim­

No L 138 / 2 29 . 5 . 75 Official Journal of the European Communities

Article 5 med-milk powder on the Community market. Buying-in shall be done in such a way as not to For delivery of skimmed-milk powder to the fob or a disturb the normal development of prices on the corresponding stage, and, where relevant, for its ship­ market. ment and its purchase on the Community market, invitations to tender shall be issued, without prejudice Article 3 to Article 4 except in the case of emergency aid, where private contracts may be negotiated. For the purposes of Article 1 : (a) the cost of the skimmed-milk powder, delivered to Article 6 the fob or a corresponding stage, shall be financed The decision to apply Article 2 (2) shall be taken and by the Community ; the procedure for implementing this paragraph and (b) in exceptional cases, the Community may also Article 5 shall be adopted in accordance with the wholly or partially finance on the basis of a deci­ procedure laid down in Article 30 of Regulation (EEC) sion of the Council, in accordance with the proce­ No 804/68 . dure referred to in Article 7 : — shipment to the frontier of the country and, Article 7 possibly, to the place(s) of destination, and In accordance with the voting procedure laid down in — distribution, where the goods are distributed by Article 43 (2) of the Treaty, the countries and organiza­ an international organization . tions for which this aid is destined, together with the quantity to be allocated to each, shall be determined Article 4 by the Council acting on a proposal from the Commis­ sion . Amounts corresponding to the costs referred to in Article 3 (b) shall, where the arrangements agreed with Article 8 the recipient country or organization so provide, be paid as a whole or partial lump-sum contribution to This Regulation shall enter into force on the third day the country or organization of destination by the inter­ following its publication in the Official Journal of vention agency responsible for the operation . the European Communities.

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

Done at Luxembourg, 26 May 1975.

For the Council

The President

M. A. CLINTON