31977R1766

30 . 7 . 77 Official Journal of the European Communities No L 192/ 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 1766/77

of 25 July 1977

laying down general rules for the supply of skimmed-milk powder as food aid to certain developing countries and international organizations under the 1977

programme

THE COUNCIL OF THE EUROPEAN Whereas the supplies must be delivered at the COMMUNITIES, cheapest possible price ; whereas, in order to achieve that aim, a tendering procedure must be provided for ; Having regard to the Treaty establishing the European whereas, however, it may be desirable in the interests Economic Community, and in particular Article 43 thereof, of speed, in exceptional cases, to have recourse to private contracts ; Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization Whereas it is desirable that the rules for the applica­ of the market in milk and milk products ('), as last tion of the measures laid down for buying in skim­ amended by Regulation (EEC) No 559/76 (2), and in med-milk powder on the market should be adopted in particular Article 7 (4) thereof, accordance with the procedure laid down in Article 30 Having regard to the proposal from the Commission, of Regulation (EEC) No 804/68, as in the case of the Having regard to the opinion of the European Parlia­ rules to be applied where public stocks are used, ment (3),

Whereas certain developing countries and interna­ tional organizations have indicated their requirements HAS ADOPTED THIS REGULATION : in high-protein milk products ; whereas these high­ protein products may be supplied in the form of skim­ med-milk powder produced within the Community Article 1 and meeting certain quality standards ;

Whereas the supply of skimmed-milk powder must 105 000 tonnes of skimmed-milk powder shall be take into account the amounts of skimmed-milk made available to certain developing countries and powder available in the Community and the necessity international organizations as food aid under the 1977 of not disrupting market conditions ; programme . Whereas the amounts available at present enable 105 000 tonnes of skimmed-milk powder to be Article 2 supplied under the 1977 programme ;

Whereas, if the quantities of skimmed-milk powder in 1 . The skimmed-milk powder referred to in Article public stocks are insufficient for the delivery of the 1 shall be purchased in accordance with Article 7 ( 1 ) abovementioned amount, or if they do not have the of Regulation (EEC) No 804/68 . characteristics necessary for their particular destina­ tion where this requires in particular other forms of 2. If the amounts of skimmed-milk powder in packaging or the addition of vitamins or other addi­ public stocks are insufficient to supply the quantities tives, supplies must be ensured by the buying-in of provided for in Article 1 or if they do not have the skimmed-milk powder on the Community market ; characteristics necessary for their particular destina­ Whereas in order to enable the aid to be used effec­ tion where this requires, in particular, other forms of tively, arrangements should be made to finance packaging or the addition of vitamins or other addi­ certain transport and distribution costs ; tives, supplies shall be ensured by the buying-in of skimmed-milk powder on the Community market. (') OJ No L 148 , 28 . 6. 1968 , p. 13 . Buying in shall be done in such a way as not to (2) OJ No L 67, 15. 3 . 1976, p. 9 . (3) Delivered on 8 July 1977 (not yet published in the Offi­ disturb the normal development of prices on the cial Journal). market.

No L 192/ 2 Official Journal of the European Communities 30 . 7. 77

Article 3 corresponding stage and, where relevant, for its ship­ ment from that stage and its purchase on the Commu­ For the purposes of Article 1 : nity market, without prejudice to Article 4 and save in (a) the cost of the skimmed-milk powder, delivered to exceptional cases, where private contracts may be the port of shipment or a corresponding stage, negotiated. shall be financed by the Community ; (b) in exceptional cases the Community may also Article 6 finance, wholly or in part, on the basis of a deci­ sion of the Council taken in accordance with the The decision to apply Article 2 (2) shall be taken and procedure referred to in Article 7 : the procedure for implementing this paragraph and Article 5 shall be adopted in accordance with the — transport to the frontier of the country and, procedure laid down in Article 30 of Regulation (EEC) possibly, to the place(s) of destination, and No 804/68 . — distribution, where the goods are distributed by an international organization. Article 7

Article 4 The countries and organizations for which this aid is destined, together with the quantity to be allocated to The costs referred to in Article 3 (b) shall, where the each, shall be determined by the Council acting by a arrangements agreed with the recipient country or qualified majority on a proposal from the Commis­ organization so provide, be paid wholly or in part as a sion . lump-sum contribution to the country or organization of destination by the Commission . Article 8 Article 5 This Regulation shall enter into force on the third day Invitations to tender shall be issued for delivery of following its publication in the Official Journal of skimmed-milk powder to the port of shipment or a the European Communities.

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

Done at Brussels, 25 July 1977 .

For the Council

The President

H. SIMONET