31976R0902

No L 104/8 Official Journal of the European Communities 21 . 4 . 76

COMMISSION REGULATION ( EEC) No 902/76 of 20 April 1976 amending Regulation (EEC) No 677/76 laying down detailed rules for the applica­ tion of the system for compulsory purchase of skimmed-milk powder

THE COMMISSION OF THE EUROPEAN Article 2 COMMUNITIES , The following paragraph is added to Article 2 : Having regard to the Treaty establishing the European Economic Community, 'Applications for certificates may, however, be addressed to the competent body by telegram or Having regard to Council Regulation (EEC) No by telex. In such case, they may be accepted only 563/76 of 15 March 1976 on the compulsory purchase if they include all the information which should of skimmed-milk powder held by intervention agen­ have appeared on the form if the latter had been cies for use in feedingstuffs ('), and in particular used. The Member States may in addition require Article 9 ( 1 ) thereof, the telegram or telex message to be followed by an application complying with the provisions of the Whereas Article 10 of Commission Regulation ( EEC) preceding paragraph .' No 677/76 of 26 March i 976 laying down detailed rules for the application of the system for compulsory purchase of skimmed-milk powder provided for in Article 3 Regulation (EEC) No 563/76 (2), as last amended by Regulation (EEC) No 746/76 (3), lays down the condi­ tions for the release of the security referred to in Arti­ Article 4 (2) is amended as follows : cles 2 and 3 of Regulation (EEC) No 563/76 ; 2. Applications for protein certificates , the Whereas the abovementioned Article 10 provides for certificates themselves and extracts therefrom shall the release of this security in respect of certain oil bear in Section 12 the following endorsement : seeds intended for human consumption ; whereas this provision should be extended to cover all types of oil "protein certificate seeds and subproducts thereof intended for human valid in . . . (Member States of issue)". consumption ; This endorsement shall be written in red or under­ Whereas Article 10 should also be supplemented by lined in red on the original of the "protein certifi­ providing for the release of this security in respect of cate".' products intended for use in the chemical or pharma­ ceutical industry ;

Whereas, for the sake of equity, provision should also Article 4 be made for the release of the security provided in respect of products imported as from 19 March and 1 . Article 10 ( 1 ) (c), (d), (e) and (f) is amended as exported before 1 April 1976 ; follows :

Whereas the relevant Mangement Committees have '(c) for linseed and soya beans harvested in the not delivered opinions within the time limits set by Community and certified for sowing ; their Chairmen , (d) for oil seeds and products falling within subheading 23.04 B of the Common Customs Tariff, intended for human consumption, on HAS ADOPTED THIS REGULATION : production of proof that they have reached such a stage of processing or preparation that they can only be used for that purpose ; Article 1 (e) for oil seeds and products falling within subheading 23.04 B of the Common Customs Regulation (EEC) No 677/76 is amended as indicated Tariff, which are used in the chemical or phar­ in the following Articles . maceutical industry, on production of proof that they have reached such a stage of (>) OJ No L 67, 15 . 3 . 1976, p . 18 . (2) OJ No L 81 , 27. 3 . 1976, p . 23 . processing that they can only be used for that 3 OJ No L 86, 1 . 4. 1976, p . 45 . purpose ;

21 . 4. 76 Official Journal of the European Communities No L 104/9

(f) on production of proof that products referred Article 6 to in Articles 2 and 3 of Regulation (EEC) No Article 14 is amended as follows : 563/76 have left the geographical territory of the Community, with the exception of This Regulation shall enter into force on 1 April products falling within subheadings 23.07 B 1976. However, it shall apply with effect from 19 and C of the Common Customs Tariff and March 1976 in respect of : products referred to in Article 2 (a) of Regula­ — the putting into free circulation of the tion (EEC) No 563/76 in respect of which a products referred to in Article 3 ( 1 ) of Regula­ refund has been applied for.' tion (EEC) No 563/76 and — the release of the security provided in respect 2. In Article 10 (2) the following subparagraph is of these products in the cases referred to in inserted after the second subparagraph : Article 10 ( 1 ) (f) of this Regulation, on produc­ 'When the provisions of this paragraph are tion of proof that a security has been provided applied, the competent authorities shall secure the in respect of these products.' necessary measures of control .' Article 7 Article 5 This Regulation shall enter into force on the day of its The words 'except in the case of force majeure ' are publication in the Official Journal of the European Communities. inserted at the beginning of Article 12.

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

Done at Brussels, 20 April 1976. For the Commission P.J. LARDINOIS Member of the Commission