31978R1441

29 . 6 . 78 Official Journal of the European Communities No L 173 / 7

COUNCIL REGULATION ( EEC ) No 1441 / 78 of 26 June 1978 laying down general rules for the supply of milk fats to India under the 1978 food-aid programme

THE COUNCIL OF THE EUROPEAN that aim , provision should be made for a tendering COMMUNITIES , procedure ; whereas, however, in the interests of speed it may be desirable in exceptional cases to use private Having regard to the Treaty establishing the European contracts ; Economic Community, and in particular Article 43 thereof, Whereas it is desirable that the rules for imple­ Having regard to Council Regulation ( EEC) No menting the measures laid down for buying-in butter 804 / 68 of 27 June 1968 on the common organization or butteroil on the market should be adopted in accor­ of the market in milk and milk products ('), as last dance with the procedure laid down in Article 30 of amended by Regulation ( EEC) No 1 038 /78 (2 ), and in Regulation ( EEC) No 804/ 68 , as in the case of the particular Article 6 ( 6) thereof, rules to be applied where public stocks are used ,

Having regard to the proposal from the Commission ,

Having regard to the opinion of the European Parlia­ HAS ADOPTED THIS REGULATION : ment ( 3),

Whereas India has indicated its requirements in milk fats ; whereas these fats may be supplied in the form Article 1 of butter or butteroil produced within the Community and meeting certain quality standards ; An additional quantity of butter or butteroil corres­ ponding to 9 200 tonnes of butteroil shall be made Whereas an overall quantity of butter or butteroil available to India under the 1978 food-aid corresponding to 12 700 tonnes of butteroil should be programme . granted to India under the 1978 food-aid programme ; whereas, under the same programme, Regulation ( EEC) No 831 / 78 (■*), has already provided for a first Article 2 supply of 3 500 tonnes of butteroil to India ;

Whereas the amounts available at present in the 1 . The butter referred to in Article 1 shall be Community enable an additional quantity of butter or purchased in accordance with Article 6 ( 1 ) of Regula­ butteroil corresponding to 9 200 tonnes of butteroil to tion ( EEC) No 804/ 68 . The butteroil referred to in be supplied as food aid ; whereas the apportionment Article 1 shall be processed from this butter. of supplies between public and private stocks will vary depending on market trends and seasonal require­ 2 . If the market situation is such that delivery as ments ; provided in Article 1 cannot be carried out in accor­ dance with paragraph 1 , then the supply shall be Whereas in view of the situation on the Community ensured by the buying-in of butter or butter fats avail­ market in butter and other butter fats as well as the able on the Community market . Buying-in shall be need to make certain emergency deliveries and ensure done in such a way as not to disturb the normal deve­ regular supplies under the most favourable economic lopment of prices on the market . conditions provision should be made for these supplies to be made either by taking butter or other butter fats from stocks held by intervention agencies Article 3 or by buying-in butter or butteroil on the Community market ; For the purposes of Article 1 the cost of the butter or Whereas, in order to enable the aid to be used effec­ butteroil , delivered to the port of unloading shall be tively , arrangements should be made to finance financed by the Community . certain transport costs ;

Whereas the supplies must be delivered at the Article 4 cheapest possible price ; whereas in order to achieve Invitations to tender shall be issued for delivery of the (') OJ No L 148 , 28 . 6 . 1968 , p. 13 . product, including packing, labelling and forwarding (') OJ No L 134, 22 . 5 . 1978 , p . 4. (-') OJ No C 36, 13 . 2 . 1978 , p. 53 . to the port of unloading, save in exceptional cases (■») OJ No L 115, 27 . 4 . 1978 , p. 8 . where private contracts may be negotiated .

No L 173 / 8 Official Journal of the European Communities 29 . 6 . 78

Article5¶

The sums to be paid to the undertaking selected shall The decision to apply Article 2 ( 2) shall be taken and be due only if : the resulting procedure for implementing that para­ graph and Article 4 shall be adopted in accordance (a) the undertaking satisfies the conditions laid down with the procedure laid down in Article 30 of Regula­ in the invitation to tender or the private contract ; and tion ( EEC ) No 804 / 68 . (b) the quality and packing of the delivered product Article 7 are found on inspection to comply with the rele­ vant Community provisions . This Regulation shall enter into force on the third day Provision may be made for part of such sums to be following its publication in the Official Journal of paid in advance . the European Communities.

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

Done at Luxembourg, 26 June 1978 .

For the Council

The President

K. B. ANDERSEN