31976R2241

16 . 9 . 76 Official Journal of the European Communities No L 252/ 15

COMMISSION REGULATION ( EEC) No 2241 /76 of 15 September 1976 amending Regulation ( EEC) No 753/76 laying down detailed rules for the sale of skimmed-milk powder for use in animal feed pursuant to Regulation (EEC) No 563 / 76

THE COMMISSION OF THE EUROPEAN 2. The sale by the intervention agency of the COMMUNITIES , skimmed-milk powder shall be subject to the prov­ ision by the purchaser, on or before conclusion of Having regard to the Treaty establishing the European the contract of sale, of a denaturing security in an Economic Community, amount of 45 units of account per 100 kilo­ Having regard to Council Regulation (EEC) No grammes . 563/76 of 15 March 1976 on the compulsory purchase of skimmed-milk powder held by intervention agen­ cies for use in feedingstuffs ( !), and in particular However, the denaturing security shall be adjusted Article 9 ( 1 ) thereof, in each Member State by dividing it by the coeffi­ cient as specified in Article 1 ( 1 ). Whereas Article 4 (4) of Commission Regulation (EEC) No 753/76 of 31 March 1976 laying down detailed rules for the sale of skimmed-milk powder Such security shall be provided, at the choice of for use in animal feed pursuant to Regulation (EEC) the Member State concerned, either in the form of No 563/76 (2), as last amended by Regulation (EEC) a cheque payable to the intervention agency or in No 1926/76 (3), provides for the product purchased to the form of a guarantee which meets the criteria be taken over within one month ; whereas, in order to laid down by the said Member State. achieve a closer purchase correspondance between the quantities purchased and those actually released from storage, it is necessary to reduce this period and to 3. The purchaser shall, in respect of each quan­ provide for the denaturing security to be lodged as tity he intends to remove or have removed by the soon as the contract is signed, thus ensuring that denaturing centre designated by him, pay the delivery is actually taken of the quantities purchased ; purchase price to the selling intervention agency whereas an appropriate proportion of this security before taking delivery in accordance with para­ should be forfeited in respect of those quantities not graph 4. taken over within the prescribed time limit and for which the sale contract is cancelled pursuant to When the purchase price has been paid, the Article 4 (5) of the said Regulation ; selling intervention agency shall issue a removal Whereas, in order to enable a clearer view to be voucher indicating : obtained of the operation of these measures over a period of time, it is necessary to reduce also the (a) the quantity in respect of which the foregoing period for denaturing or direct incorporation in condition is fulfilled ; compound feedingstuffs, which is at present fixed at two months ; (b) the depot where that quantity is stored ; Whereas, having regard to the increase in the interven­ (c) the time limit for taking delivery thereof. tion price for skimmed-milk powder with effect from 16 September 1976 and to the market situation, it is appropriate to adjust the amount of the denaturing 4. The purchaser shall take delivery of the skim­ security ; med-milk powder purchased by him with 15 days from the day on which the contract of sale is Whereas the measures provided for in this Regulation concluded. Delivery may be taken in instalments, are in accordance with the opinion of the Manage­ ment Committee for Milk and Milk Products, each of which may not be of less than 10 metric tons . HAS ADOPTED THIS REGULATION : 5. Save in case of force majeure, the contract of A rticle 1 sale shall be terminated in respect of any quanti­ In Article 4 of Regulation (EEC) No 753/76, para­ ties of which the purchaser has not taken delivery graphs 2 to 5 are amended to read as follows : within the prescribed time limit.

(') OJ No L 67, 15 . 3 . 1976, p. 18 . 0 OJ No L 88 , 1 . 4. 1976, p. 1 . In that event, the denaturing security lodged in (J) OJ No L 210, 4. 8 . 1976, p. 17. respect of those quantities shall be forfeited at the

No L 252/ 16 Official Journal of the European Communities 16 . 9 . 76

rate of four units of account per 100 kilogrammes, 'save in case of force majeure and without preju­ adjusted in accordance with the second subpara­ dice to the provisions of Article 4 (5).' graph of paragraph 2. It shall be released immedi­ ately.'

Article3¶

Article 5 of Regulation (EEC) No 753/76 is amended This Regulation shall enter into force on 16 as follows : September 1976. 1 . in the first subparagraph of paragraph 3, the expres­ sion 'two months' is replaced by 'one month' ; However, the provisions in force before that date shall 2. in the first subparagraph of paragraph 5, the words remain applicable as regards skimmed-milk powder 'save in case of force majeure' are replaced by the for which sale contracts have been concluded prior following : thereto .

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

Done at Brussels, 15 September 1976. For the Commission

P.J. LARDINOIS Member of the Commission