31976R0231

3 . 2 . 76 No L 28 / 9 Official Journal of the European Communities

COMMISSION REGULATION ( EEC ) No 231 / 76

of 2 February 1976

on the sale of skimmed-milk powder at a reduced price for export for use as feed

THE COMMISSION OF THE EUROPEAN skimmed-milk powder for use as feed in the country COMMUNITIES , of destination ( 7 ) ;

Whereas , in order to ensure that the skimmed-milk Having regard to the Treaty establishing the European powder is not diverted from its entended destination , Economic Community, provision should be made for security to be given such as will guarantee compliance with the obligation Having regard to Council Regulation ( EEC) No to have the product exported and incorporated in animal feed ; 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (') as last Whereas the Management Committee for Milk and amended by Regulation ( EEC) No 740 / 75 (2 ), and in Milk Products has not delivered an opinion within the particular Articles 7 ( 5) and 28 thereof, time limit set by its Chairman ;

Whereas, under Council Regulation ( EEC) No 2808 / 75 of 29 October 1975 laying down special HAS ADOPTED THIS REGULATION : measures for the disposal , with a view to its incorpora­ tion in compound feedingstuffs, of skimmed-milk Article 1 powder held in public storage ( 3), skimmed-milk powder held by intervention agencies and put into There shall be put for sale , on the terms hereinafter storage before 1 April 1974 may be sold at a reduced set out, skimmed-milk powder bought in pursuant to price ; whereas approximately 50 % of the quantity in Article 7 ( 1 ) of Regulation ( EEC) No 804/68 and taken question is to be sold for export in the form of into storage after 31 May 1973 and before 1 October compound feedingstuffs ; whereas, now that the tender 1973 . carried out in accordance with the provisions of Commission Regulation ( EEC) No 3178 / 75 of 4 Article 2 December 1975 on the sale by tender of skimmed­ milk powder at a reduced price for export in the form The skimmed-milk powder in question shall be used of compound feedingstuffs (4 ) has given an indication for animal feed ; it shall be exported within two as to the level of prices , it is possible to provide for months from the day on which the purchaser takes sale at a fixed price ; delivery . It shall be so exported , either :

(a) after being denatured in accordance with Article 2 Whereas , in order to ensure that the skimmed-milk of Regulation ( EEC) No 990 / 72 ; or powder is used for feed , provision should be made for it to be denatured in accordance with Article 2 of (b) if it is not denatured , in accordance with the provi­ sions of Regulation ( EEC) No 196 / 76 . Commission Regulation ( EEC ) No 990 / 72 of 15 May 1972 on detailed rules for granting aid for skimmed milk processed into compound feedingstuffs and for Article 3 skimmed-milk powder for use as feed ( 5 ), as last amended by Regulation ( EEC) No 453 / 73 ( fa) ; 1 . The skimmed-milk powder shall be sold ex whereas , however, in certain importing countries the storage depot , at a price equal to the buying-in price technical conditions of feed manufacture could make applicable by the intervention agency in question on the use of denatured skimmed-milk powder difficult ; the day of sale , less 5-0 units of account per 100 kilo­ whereas provision should therefore be made , subject grammes . to certain guarantees, to permit the export of undena­ The skimmed-milk powder may not be sold in quanti­ tured skimmed-milk powder in accordance with the ties of less than 200 metric tons . provisions laid down in Commission Regulation ( EEC) No 196 / 76 of 29 January 1976 laying down 2 . The purchaser shall pay for skimmed-milk special rules governing the payment of the refund for powder before taking delivery thereof .

') OJ No L 148 , 28 . 6 . 1968 , p . 13 . 3 . The purchaser shall take delivery within 30 days : ) O'l No L 74, 22 . 3 . 1975 , p . 1 . from the date of the contract of sale of all the skim­ ■') O) No L 280 , 31 . 10 . 197S, p . 2. med-milk powder purchased by him . ■>) OJ No L 315 , 5 . 12 . 1975 , p . 15. 5 ) OJ No L I 15 , 17 . 5 . 1972 , p . 1 . b) OJ No L 53 , 26 . 2 . 1973 , p . 4 . ( 7 ) OJ No L 23 , 30 . I. 1976, p. 40 .

No L 28 / 10 3 . 2 . 76 Official Journal of the European Communities

4. Except in the event of force majeure, the 3 . Except in the event of force majeure, the security contract shall be cancelled in respect of any quantities shall be released only in respect of those quantities of which the purchaser has not taken delivery within exported in accordance with Article 2. the prescribed period .

Article 5 Article 4 The Member States shall inform the Commission by 1 . Before taking delivery, the purchaser shall give the Tuesday of each week of the quantities of skim­ security in an amount of eight units of account per med-milk powder sold during the preceding week . 100 kilogrammes .

2. The security shall take the form , at the option of Article 6 the Member State concerned , either of a cheque made out in favour of the intervention agency or of a This Regulation shall enter into force on the day guarantee satisfying the criteria fixed by that Member following its publication in the Official Journal of State . the European Communities.

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

Done at Brussels, 2 February 1976 .

For the Commission

P.J. LARDINOIS

Member of tin Commission