31976R1110

14 . 5 . 76 No L 126/25 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1110/ 76 of 13 May 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 , Article 8 (c) is amended to read as follows : Having regard to the Treaty establishing the European Economic Community, '(c) for the products listed in Article 1 (b) of Regu­ lation ( EEC) No 1067/74 at the latest on the Having regard to Council Regulation (EEC) No fifteenth day following the end of the month 563/76 of 15 March 1976 on the compulsory purchase during which they left the dehydration plant, of skimmed-milk powder held by intervention agen­ save for those quantities in respect of which cies for use in feedingstuffs ('), and in particular the proof referred to in Article 10 ( 1 ) (g) was Article 9 ( 1 ) thereof, furnished before that date .'

Whereas Article 8 of Commission Regulation (EEC) No 677/76 of 26 March 1976 laying down detailed Article 3 rules for the application of the system for compulsory purchase of skimmed-milk powder provided for in Paragraph 3 of Article 9 is deleted . Council Regulation ( EEC) No 563/76 (2), as last amended by Regulation (EEC) No 902/76 (3), provides that in the case of dehydrated fodder, the document Article 4 referred to in Article 6 of Regulation (EEC) No 563/76 is to be submitted, or the security is to be provided, at the latest at the time the fodder leaves the 1 . Article 10 ( 1 ) (d) and (e) is amended to read as follows : dehydration plant ;

Whereas the methods of marketing dehydrated fodder '(d) for products falling within heading No 12.02 have made observance of the said time limit difficult ; and subheadings 12.01 B and 23.04 B of the Common Customs Tariff and intended for whereas the time limit should be extended to avoid this problem ; human consumption , on production of proof that they have reached such a stage of processing or preparation that they can be Whereas certain dehydration plants use the fodder on used only for that purpose ; agricultural holdings which belong to them or deliver it to their members ; whereas, in such cases, dehydra­ (e) for products falling within heading No 12.02 tion constitutes the best method of obtaining the and subheadings 12.01 B and 23.04 B of the maximum from fodder produced and used by Common Customs Tariff and used in the farmers ; whereas, under those circumstances, the secu­ chemical or pharmaceutical industry, on rity should be released in respect of quantities not production of proof that they have reached marketed by the dehydration plants ; such a stage of processing that they can be used only for that purpose Whereas the measures provided for in this Regulation are in accordance with the opinions of all the manage­ 2. There shall be added to Article 10 ( 1 ) the ment committees concerned , following subparagraph :

'(g) for the products listed in Article 1 (b) of Regu­ lation (EEC) No 1067/74, subject to the limit HAS ADOPTED THIS REGULATION : — of the average of the quantities which left the dehydration plant and were not Article 1 marketed during the 1974/75 and 1975/76 marketing years, or Regulation ( EEC) No 677/76 is hereby amended as set — in the case of undertakings which began out in the following Articles . their activities with effect from the 1975/76 marketing year, of the quantities (') OJ No L 67, 15 . 3 . 1976, p. 18 . (2) OJ No L 81 , 27. 3 . 1976, p. 23 . which left those undertakings and were (3 ) OJ No L 104, 21 . 4 . 1976 , p. 8 . not marketed during the marketing year ;

No L 126/26 14. 5 . 76 Official Journal of the European Communities

on production of proof that the products '— in respect of products referred to in Article 10 in question have left the undertaking and ( 1 ) (e), one of the following : have not been marketed . In the case of new dehydration plants, the Member State ' Intended for the chemical or pharmaceutical concerned shall determine the maximum industry (Commission Regulation (EEC) No quantity on the basis of the herds on the 677/76)', holding or holdings using the fodder.' ' Destiné à 1 industrie chimique ou pharmaceu­ 3 . Article 10 (3) and (4) is amended to read as tique (règlement (CEE) n0 677/76 de la follows : Commission)', '3 . The security may be released, at the request 'Bestemt til kemisk eller pharmaceutisk of the party concerned, in instalments which are industri (Kommissionens forordning (EØF) nr. proportional to the quantities of products for . 677/76)', which proof of one of the matters referred to in Bestimmt für die chemische oder pharmazeu­ paragraph 1 (b), (c), (d), (e), (f) and (g) has been tische Industrie (Verordnung (EWG) Nr. furnished or in respect of which the party 677/76 der Kommission)', concerned has renounced his right to put into free circulation . ' Destinato all industria chimica o farmaceutica 4. The security shall be forfeit where the party (regolamento (CEE) n . 677/76 della Commis­ concerned : sione)', (a) has not renounced his right to put into free ' Bestemd voor de chemische of farmaceu­ circulation , or tische nijverheid (verordening (EEG) nr. (b) except in the case of force majeure, has not 677/76 van de Commissie)'.' furnished proof of one of the matters referred to in paragraph 1 (b), (c), (d), (e), (f) and (g) within six months following the expiry of the Article 6 'protein certificate', or within nine months of the provision of the security for products referred to in Article 2 of Council Regulation This Regulation shall enter into force on the third day (EEC) No 563/76.' following its publication in the Official Journal of the European Communities. Article 5 The second indent of Article 11 ( 1 ) is amended to However, Article 4 (2) shall apply with effect from 1 read as follows : April 1976.

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

Done at Brussels, 13 May 1976. For the Commission

P.J. LARDINOIS Member of the Commission