31976R1298
4 . 6 . 76 Official Journal of the European Communities No L 146/3
COUNCIL REGULATION ( EEC) No 1298 /76 of 1 June 1976 laying down general rules for the supply of skimmecf-milk powder as food aid to certain developing countries and international organizations under the 1976 programme
THE COUNCIL OF THE EUROPEAN of speed, in exceptional cases, to have recourse to COMMUNITIES , private contracts ;
Having regard to the Treaty establishing the European Whereas it is desirable that the rules for the applica Economic Community and in particular Article 43 tion of the measures laid down for buying-in skim thereof, med-milk powder on the market should be adopted in accordance with the procedure laid down in Article 30 Having regard to Council Regulation ( EEC) No of Regulation (EEC) No 804/68 , as in the case of the 804/68 of 27 June 1968 on the common organization rules to be applied where public stocks are used, of the market in milk and milk products ('), as last amended by Regulation (EEC) No 559 /76 (2), and in particular Article 7 (4) thereof, HAS ADOPTED THIS REGULATION : Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parlia Article 1 ment (3 ), 55 000 metric tons of skimmed-milk powder shall be Whereas certain developing countries and interna made available to certain developing countries and tional organizations have indicated their requirements international organizations as food aid under the 1976 in high-protein milk products ; whereas these high programme . protein products may be supplied in the form of skim med-milk powder produced within the Community and meeting certain quality standards ; Article 2 Whereas the supply of skimmed-milk powder must take into account the amounts of skimmed-milk 1 . The skimmed-milk powder referred to in Article powder available in the Community and the necessity 1 shall be purchased in accordance with Article 7 ( 1 ) of not disrupting market conditions ; of Regulation (EEC) No 804/68 .
Whereas the amounts available at present enable 2 . If the amounts of skimmed-milk powder in 55 000 metric tons of skimmed-milk powder to be public stocks are insufficient to supply the quantities supplied under the 1976 programme ; provided for in Article 1 or if they do not have the characteristics necessary for their particular destina Whereas, if the quantities of skimmed-milk powder in tion where this requires, in particular, other forms of public stocks are insufficient for the delivery of the packing or the addition of vitamins or other additives, abovementioned amount, or if they do not have the supplies shall be ensured by the buying-in of skim characteristics necessary for their particular destina med-milk powder on the Community market. tion where this requires in particular other forms of Buying-in shall be done in such a way as not to packing or the addition of vitamins or other additives, disturb the normal development of prices on the supplies must be ensured by the buying-in of skim market . med-milk powder on the Community market ;
Whereas , in order to enable the aid to be used effec Article 3 tively, arrangements should be made to finance certain transport and distribution costs ; For the purposes of Article 1 : Whereas the supplies must be delivered at the (a) the cost of the skimmed-milk powder, delivered to cheapest possible price ; whereas in order to achieve the fob or a corresponding stage, shall be financed that aim , a tendering procedure must be provided for ; by the Community ; whereas, however, it may be desirable in the interests (b) in exceptional cases, the Community may also wholly or partially finance on the basis of a deci (') OJ No L 148 , 28 . 6 . 1968 , p . 13 . (2 ) OJ No L 67, 15 . 3 . 1976 , p . 9 . sion of the Council , in accordance with the proce ( 3 OJ No C 100 , 3 . 5 . 1976, p . 37 . dure referred to in Article 7 :
No L 146/4 Official Journal of the European Communities 4 . 6 . 76
— shipment to the frontier of the country and, Article 6 possibly, to the place(s) of destiantion , and The decision to apply Article 2 (2) shall be taken and — distribution , where the goods are distributed by an international organization . the procedure for implementing this paragraph and Article 5 shall be adopted in accordance with the procedure laid down in Article 30 of Regulation ( EEC) Article 4 No 804 / 68 . Amounts corresponding to the costs referred to in Article 3 (b) shall, where the arrangements agreed with Article 7 the recipient country or organization so provide, be paid as a whole or partial lump-sum contribution to The countries and organizations for which this aid is the country or organization of destination by the inter destined , together with the quantity to be allocated to vention agency responsible for the operation . each , shall be determined by the Council acting by a qualified majority on a proposal from the Commis Article 5 sion .
For delivery of skimmed-milk powder to the fob or a corresponding stage, and, where relevant, for its ship Article 8 ment from that stage and its purchase on the Commu nity market, invitations to tender shall be issued , This Regulation shall enter into force on the third day without prejudice to Article 4 save in exceptional following its publication in the Official Journal oj cases, where private contracts are negotiated . the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 1 June 1976 . For the Council
The President G. THORN