31976R0749

No L 86 / 50 Official Journal of the European Communities 1 . 4 . 76

COMMISSION REGULATION (EEC) No 749/ 76 of 31 March 1976 laying down rules for the application of Article 5 of Regulation (EEC) No 563/76 on the compulsory purchase of skimmed-milk powder

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

Article 1 Having regard to the Treaty establishing the European Economic Community, The two contracting parties shall determine by agree­ ment the obligation to be met by the purchaser in Having regard to Council Regulation (EEC) No respect of Article 5 of Regulation (EEC) No 563/76. 563/76 of 15 March 1976 on the compulsory purchase of skimmed-milk powder held by intervention agen­ In the case of disagreement the provisions of the cies for use in feedingstuffs ('), and in particular following Articles shall apply. Article 9 ( 1 ) thereof,

Whereas, under Article 5 of Regulation (EEC) No Article 2 563/76, in the case of contracts concluded before the date of entry into force of this Regulation, the succes­ Under the terms of Article 5 of Regulation (EEC) No sive buyers of the products referred to in Articles 2 563/76, the purchaser shall be considered to have met and 3 of that Regulation, or of protein products the obligation if : processed therefrom, are to meet the obligation arising from the arrangements laid down in that Regulation ; (a) he has paid the seller an amount corresponding to the real costs resulting from the provision of the Whereas in the case of disagreement between the two security, and contracting parties this charge comprises the obliga­ tion on the one hand, to buy a certain quantity of (b) he has given the seller : skimmed-milk powder in order to release the security, — in respect of the quantity of skimmed-milk and on the other hand, to pay the costs provided for powder corresponding to the amount of the in Articles 2 and 3 of the abovementioned Regulation security relating to the quantity of products resulting from the provision of this security ; listed in Articles 2 and 3 of that Regulation which are the subject of the contract, the docu­ Whereas, in the' case of purchase of skimmed-milk ment referred to in Article 6 of that Regula­ powder by a feedingstuffs' manufacturer, the obliga­ tion , and tion to be met by purchasers of such feedingstuffs should be determined on the basis of the difference — the proof that the product has reached one of between the price of skimmed-milk powder and its the destinations listed in Article 10(1 ) (c), (d), commercial value ; (e) and (f) of Regulation (EEC) No 677/76, or

(c) where the seller is a feedingstuffs manufacturer Whereas the necessary measures should be taken in and has bought the skimmed-milk powder order to ensure that the obligation relates only to oper­ pursuant to Regulation (EEC) No 563/76, if he has ations in respect of products subject to the arrange­ paid an amount of 83 % of the price of skimmed­ ments laid down in Regulation ( EEC) No 563 /76 or to milk powder bought with a view to releasing the protein products resulting from the processing security relating to the quantity of products listed thereof ; in Articles 2 and 3 of that Regulation incorporated in feedingstuffs which have been sold. Whereas, to that end, it should be laid down that the seller should furnish proof that the products covered by the contract have been subject to the abovemen­ Article 3 tioned arrangements or contain such products ; 1 . The purchasers shall meet the obligation arising Whereas the measures provided for in this Regulation from the arrangements laid down in Regulation (EEC) are in accordance with the opinions of all the relevant No 563/76 provided the sellers have furnished proof management committees, that the products which are the subject of the contract are covered by these arrangements or contain products ( i ) OJ No L 67, 15 . 3 . 1976, p. 18 . which are covered by these arrangements.

1 . 4 . 76 Official Journal of the European Communities No L 86 / 51

2. On request by the party concerned, the compe­ making up the total quantity placed in free circula­ tent agency of the Member State shall issue on attesta­ tion . tion : — in respect of the products listed in the abovemen­ tioned Article 2, that the seller has provided secu­ Article 4 rity or presented the document referred to in Article 6 of Regulation (EEC) No 563/76 ; This Regulation shall enter into force on 1 April — in respect of the procedure listed in Article 3 of 1976 . the abovementioned Regulation, that those products were placed in free circulation as from 19 March 1976 . However, it shall apply with effect from 19 March 1976 with regard to the consequences of the obliga­ 3 . The party concerned may request the issue of tion arising from the application of Article 3(1 ) of several attestations relating to separate quantities Regulation (EEC) No 563/76.

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

Done at Brussels, 31 March 1976 . For the Commission

P.J. LARDINOIS Member of the Commission