31975R1541

No L 157/4 Official Journal of the European Communities 19 . 6 . 75

REGULATION ( EEC) No 1541 / 75 OF THE COUNCIL of 16 June 1975 laying down general rules for the supply of milk fats as food aid to certain deve­ loping countries and international organizations under the 1975 food-aid programme

THE COUNCIL OF THE EUROPEAN Whereas it is desirable that the rules for imple­ COMMUNITIES, menting the measures laid down for buying in butter or butteroil on the market should be adopted in accor­ Having regard to the Treaty establishing the European dance with the procedure laid down in Article 30 of Economic Community, and in particular Article 43 Regulation (EEC) No 804/68 , as in the case of the thereof ; rules to be applied where public stocks are used,

Having regard to Council Regulation (EEC) No 804/68 (') of 27 June 1968 on the common organiza­ tion of the market in milk and milk products, as last HAS ADOPTED THIS REGULATION : amended by Regulation (EEC) No 740/75 (2), and in particular Article 6 (6) thereof ; Article 1 Having regard to the proposal from the Commission ; A quantity of butter or butteroil corresponding to Having regard to the Opinion of the European Parlia­ 43 400 metric tons of butteroil shall be made available ment (3 ) ; to certain developing countries and international organizations as food aid under the 1975 food-aid Whereas certain developing countries and interna­ programme . tional organizations have indicated their requirements in milk fats ; whereas these fats may be supplied in the form of butter or butteroil produced within the Article 2 Community and meeting certain quality standards ; 1 . The butter referred to in Article 1 shall be Whereas the amounts available at present in the purchased in accordance with Article 6 ( 1 ) of Regula­ Community enable a quantity of 43 400 metric tons tion ( EEC) No 804/68 . The butteroil referred to in of butteroil to be supplied as food aid in butter and Article 1 shall be processed from this butter. butteroil ; whereas the apportionment of supplies between public and private stocks will vary depending 2. If the market situation is such that delivery as on market trends and seasonal requirements ; provided in Article 1 cannot be carried out in accor­ Whereas in view of the situation on the Community dance with paragraph 1 , then the supply shall be market in butter and other butter fats as well as the ensured by means of butter or butter fats available on need to make certain emergency deliveries and ensure the Community market. Buying in shall be done in regular supplies under the most favourable economic such a way as not to disturb the normal development conditions provision should be made for providing of prices on the market. these supplies either by taking butter or other butter fats from stocks held by intervention agencies or by Article 3 buying in butter or butteroil on the Community market ; For the purposes of Article 1 : Whereas, in order to enable the aid to be used effec­ (a) the cost of the butter or butteroil , delivered to the tively, arrangements should be made to finance fob or a corresponding stage, shall be financed by certain transport and distribution costs ; the Community ; Whereas the supplies must be delivered at the (b) in exceptional cases, the Community may also cheapest possible price ; whereas in order to achieve wholly or partially finance on the basis of a deci­ that aim , a tendering procedure must bd provided for ; sion of the Council , in accordance with the proce­ whereas, however, it may be desirable in the interests dure referred to in Article 8 : of speed to carry out emergency operations by private contract ; — shipment to the frontier of the country and, possibly, to the places of destination , and (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . (-') OJ No L 74, 22 . 3 . 1975, p . 1 . — distribution , where the goods are distributed by (}) OJ No C 111 , 20 . 5 . 1975 , p . 25 . an international organization .

19 . 6 . 75 Official Journal of the European Communities No L 157/ 5

Article 4 Provisions may be made for partial advance payment of such sums . The costs referred to in Article 3 (b) shall, where the arrangements agreed with the recipient country or organization so provide, be paid as a whole or partial Article 7 lump-sum contribution to the country or organization of destination by the intervention agency responsible The decision to apply Article 2 (2) shall be taken and, for the operation . in this case, the procedure for implementing that para­ graph and Article 5 shall be adopted in accordance Article 5 with the procedure laid down in Article 30 of Regula­ For delivery of the product, including packing, tion ( EEC) No 804/ 68 . labelling and shipment to the fob or a corresponding stage, and, where relevant, for its shipment beyond that stage, invitations to tender shall be issued, Article 8 without prejudice to Article 4 except in the case of emergency aid, where private contracts may be negoti­ In accordance with the voting procedure set out in ated . Article 43 (2) of the Treaty, the countries and organiza­ tions for which this aid is destined, together with the Article 6 quantity to be allocated to each , shall be determined by the Council acting on a proposal from the Commis­ The sums to be paid to the undertaking selected shall sion . be due only if : (a) the undertaking satisfies the conditions laid down in the invitation to tender or the private contract ; Article 9 and (b) the quality and packing of the delivered product This Regulation shall enter into force on the third day are found on inspection to comply with the rele­ following its publication in the Official Journal of vant Community provisions . the European Communities.

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

Done at Luxembourg, 16 June 1975 .

For the Council The President

R. RYAN