31977R1402

No L 158 /38 Official Journal of the European Communities 29 . 6 . 77

COMMISSION REGULATION ( EEC) No 1402/77 of 28 June 1977 amending Regulation ( EEC) No 1089/77 on detailed rules of application for granting special aid for skimmed milk for use as feed for animals other than young calves

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

Having regard to the Treaty establishing the European Economic Community, Article 1

Having regard to Council Regulation (EEC) No Article 4 ( 1 ) of Regulation (EEC) No 1089/77 is 804/68 of 27 June 1968 on the common organization hereby amended to read as follows : of the market in milk and milk products ('), as last amended by Regulation (EEC) No 559/76 (2), and in ' 1 . The supply contract shall be concluded only particular Article 10(3) thereof, with a farmer managing a farm within the meaning of Article 2 ( 1 ) (a) or (b). The farm to Whereas the granting of the special aid provided for which the skimmed milk is delivered shall be in in Commission Regulation (EEC) No 1089/77 of 25 the territory of the same Member State as the dairy May 1 977 (3) is subject to the conclusion of a supply concerned . contract between the dairy and the farmer which meets the conditions laid down in Article 4 of the said Regulation ; whereas the application of the Where one farm is involved , the contract may measure has shown the need to adjust some of these only be concluded with a single dairy. Member conditions ; States, however, may derogate from this provision in respect of specialized farms provided that they Whereas in order to ensure efficient control it should lay down additional conditions to ensure efficient be specified that in principle a supply contract control . involving one farm can only be concluded with a single dairy and that the contract cannot be carried The contract shall be concluded for a minimum of out until it has been deposited with the competent authority ; whereas Member States should be allowed three months and for a period which does not go to lay down , supplementary terms relating to the dates beyond 31 December 1980. on which performance of the contracts should begin , in line with their respective administrative require­ A contract may not start to be carried out until ments ; \ > after the date on which it is deposited for registra­ tion as provided for in paragraph 5, under condi­ Whereas in order to avoid control difficulties it should tions to be determined by the Member State be specified that the farm using the skimmed milk concerned . and the dairy supplying it should be situated in the territory of the same Member State ; whereas this limitation does not exclude the possibility that the However, in the case of a supply contract dairy concerned may obtain supplies of skimmed concluded before 30 June 1977, the quantities of milk, if necessary, from a dairy in another Member skimmed milk delivered to the farm concerned on State ; or after 1 June 1977 shall be deemed to have been delivered under that contract. In this case the Whereas, on account of the relatively short delay minimum quantity as referred to in the second between publication of Regulation (EEC) No 1089/77 indent of paragraph 2 (b) specified in the contract and its application , provision should be made for a shall apply to the period in question and shall not transitional measure enabling the parties concerned to benefit from special aid .' receive the special aid with effect from 1 June 1977 ;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Article 2 ment Committee for Milk and Milk Products, \ This Regulation shall enter into force on the day of its (') OJ No L 148 , 28 . 6 . 1968 , p . 13 . (2 ) OJ No L 67, 15. 3 . 1976, p. 9 . publication in the Official Journal of the European (J) OJ No L 131 , 26. 5. 1977, p. 34. Communities.

29 . 6 . 77 Official Journal of the European Communities No L 158 /39

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

Done at Brussels, 28 June 1977 .

For the Commission Finn GUNDELACH

Vice-President