31978R1442

29 . 6 . 78 Official Journal of the European Communities No L 173 / 9

COUNCIL REGULATION ( EEC) No 1442/ 78 of 26 June 1978 laying down general rules for the supply of skimmed-milk powder to India under the 1978 food-aid 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 of speed, in exceptional cases, to have recourse to thereof, 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 amended by Regulation ( EEC) No 1 038 /78 (2 ), and in skimmed-milk powder on the market should be particular Article 7 (4) thereof, adopted in accordance with the procedure laid down in Article 30 of Regulation ( EEC) No 804/68 , as in Having regard to the proposal from the Commission , the case of the rules to be applied where public stocks are used , Having regard to the opinion of the European Parlia­ ment ( 3 ),

Whereas India has indicated its requirements in highprotein milk products ; whereas these high-protein HAS ADOPTED THIS REGULATION : products may be supplied in the form of skimmedmilk powder produced within the Community and meeting certain quality standards ; Article 1

Whereas the supply of skimmed-milk powder must take into account the amounts of skimmed-milk An additional quantity of 25 000 tonnes of skimmedpowder available in the Community and the need not milk powder shall be made available to India under to disrupt market conditions ; the 1978 food-aid programme .

Whereas an overall quantity of 31 000 tonnes of skimmed-milk powder should be granted to India Art idi' 2 under the 1978 food-aid programme ; whereas, under the same programme , Regulation ( EEC) No 828 /78 (4 ) has already provided for a first supply of 6 000 tonnes 1 . The skimmed-milk powder referred to in Article 1 shall be purchased in accordance with Article 7 ( 1 ) of skimmed-milk powder to India ; of Regulation ( EEC) No 804/ 68 . Whereas the amounts available at present enable an additional quantity of 25 000 tonnes of skimmed-milk 2 . If the amounts of skimmed-milk powder in powder to be supplied under the 1978 food-aid public stocks are insufficient to supply the quantities 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 characteristics necessary for their particular destina­ skimmed-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 market . skimmed-milk powder on the Community market ;

Whereas , in order to enable the aid to be used effec­ tively , arrangements should be made to finance Article J certain transport costs ; For the purposes of Article 1 , the value at the port of (') O ) No L 1 48 , 28 . 6 . 1968 , p. 13 . unloading of the products supplied , up to an amount O OJ No L 134, 22 . 5 . 1978 , p. 4. (') OJ No C 36, 13 . 2 . 1978 , p. 53 . corresponding to the quantity laid down in Article I , (4 ) OJ No L 1 15 , 27 . 4 . 1978 , p. 3 . shall be financed by the Community .

No L 173 / 10 29 . 6 . 78 Official Journal of the European Communities

Article 4 Article 4 shall be adopted in accordance with the procedure laid down in Article 30 of Regulation ( EEC) For delivery of skimmed-milk powder to the port of No 804 / 68 . unloading and for its purchase on the Community market , invitations to tender shall be issued , save in exceptional cases where private contracts are negoti­ ated . Article 6

A rticle 5 This Regulation shall enter into force on the third day The decision to apply Article 2 (2) shall be taken and following its publication in the Official Journal of the procedure for implementing this paragraph and 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