31978R2728

24. 11 . 78 Official Journal of the European Communities No L 329/ 11

COMMISSION REGULATION (EEC) No 2728 /78 of 23 November 1978 temporarily derogating from Regulation (EEC) No 2213/76 on the sale of skim­ med-milk powder from public storage

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES, Article 1 Having regard to the Treaty establishing the European Economic Community, As regards contracts of sale concluded pursuant to Having regard to Council Regulation (EEC) No Regulation (EEC) No 2213/76 during the period 27 804/68 of 27 June 1968 on the common organization November to 22 December 1978, the following of the market in milk and milk products (*), as last special provisions shall apply : amended by Regulation (EEC) No 1761 /78 (2), and in 1 . by way of derogation from Article 1 of Regulation particular Article 7 (5) thereof, (EEC) No 2213/76, skimmed-milk powder put up Whereas Commission Regulation (EEC) No for sale must have entered into storage before 1 2213/76 (3), as last amended by Regulation (EEC) No July 1978 ; 344/78 (4), fixed the selling price of skimmed-milk 2. by way of derogation from Article 2 ( 1 ) (a) of the powder at a price equal to the purchasing price said Regulation, the selling price ex storage depot applied by the intervention agencies plus an amount shall be equal to the purchasing price applied by of two units of account per 100 kilograms, in order to the intervention agencies at the time of the conclu­ promote the disposal of that product ; sion of the contract of sale, plus one unit of Whereas at present on the skimmed-milk powder account per 1 00 kilograms ; market demand is relatively high, mainly for animal 3. by way of derogation from Article 3 ( 1 ) of the said feed ; whereas, in view of the fact that the powder is to Regulation, the purchaser shall take delivery, not be used for this purpose, provision should be made, later than 29 December 1978 , of the skimmed­ during the period in which production of fresh milk powder purchased by him. powder is more limited, for a reduction in price, in so far as is compatible with the costs of private storage, Article 2 and a decrease in the age of the product ;

Whereas the measures provided for in this Regulation This Regulation shall enter into force on the day of its are in accordance with the opinion of the Manage­ publication in the Official Journal of the European ment Committee for Milk and Milk Products, Communities.

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

Done at Brussels, 23 November 1978 .

For the Commission

Finn GUNDELACH Vice-President

(») OJ No L 148, 28 . 6. 1968 , p. 13. (2) OJ No L 204, 28 . 7. 1978 , p. 6. (3) OJ No L 249, 11 . 9. 1976, p. 6. (*) OJ No L 49, 21 . 2. 1978 , p. 8 .