31976R0563

ext/celex/31976R0563

CELEX: 31976R0563
Datum: 1976-03-15
Källa: eur-lex.europa.eu

No L 67/ 18 Official Journal of the European Communities 15 . 3 . 76

of 15 March 1976

on the compulsory purchase of skimmed-milk powder held by intervention agencies for use in feedingstuffs

THE COUNCIL OF THE EUROPEAN COMMUNITIES, No 1707/73 ( 7), under Council Regulation (EEC) No 1900/74 of 15 July 1974 laying down special measures for soya beans (8), under Council Regulation (EEC) No 569/76 of 15 March 1976 Having regard to the Treaty establishing the laying down special measures for linseed (9), and European Economic Community, and in particular under Council Regulation (EEC) No 1067/74 of 30 Article 43 thereof, April 1974 on the common organization of the market in dehydrated fodder ( 10), as amended by Having regard to Council Regulation (EEC) No 729/ Regulation (EEC) No 1420/75 (xl )j conditional on 70 of 21 April 1970 on the financing of the common the prior purchase of a certain quantity of denatured agricultural policy ( 1 ), as last amended by the Act of skimmed-milk powder or on the provision of a Accession (2), and in particular Article 3 (2) thereof, security for such purchase;

Having regard to the proposal from the Commission, Whereas imported products should be subject to the same obligation by means of the issue of special Having regard to the opinion of the European certificates accompanied by a security ; whereas to Parliament (3), avoid speculative action, the import of certain compound feedingstuffs should likewise be subject to this obligation ; Whereas stocks of skimmed-milk powder bought in by intervention agencies pursuant to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and Whereas in view of the amount of the stocks, their milk products (4), as last amended by Regulation constant growth and the resulting costs, if the steps (EEC) No 559/76 (5 ), have reached considerable taken are to be effective they must be implemented proportions ; whereas the stocks available represent at the earliest possible moment and their application an important source of protein which can be used in to transactions already undertaken in the context of feedingstuffs ; long-term contracts ensured ; whereas the objectives of these arrangements are best met by passing on the . burden of these measures to the successive buyers Whereas in order to increase utilization of this while sharing it more equitably among all the protein in feedingstuffs for animals other than calves, operators ; provision should be made for the compulsory purchase of a certain quantity of skimmed-milk powder which has been denatured to prevent its being used for purposes other than those intended ; Whereas, since the security provided for is intended to cover obligations the financial burden of which falls to the Guarantee Section of the European Whereas these measures may be made effective by Agricultural Guidance and Guarantee Fund, such making the granting of aid provided for under amounts of security as are not released should be Council Regulation No 136/66/EEC of 22 September used to offset any expenditure incurred pursuant to 1966 on the common organization of the market in Regulation (EEC) No 729/70, oils and fats (6), as last amended by Regulation (EEC)

• (*) OJ No L 94, 28 . 4 . 1970, p. 13 . (2) OJ No L 73 , 27. 3 . 1972, p. 14 . (7 ) OJ No L 175, 29 . 6. 1973, p. 5 . (3) OJ No C 53, 8 . 3 . 1976, p. 24. (8 ) OJ No L 201 , 23 . 7. 1974, p. 5. (4) OJ No L 148, 28 . 6. 1968, p. 13 . (9) See page 29 of this Official Journal. (5) See page 9 of this Official Journal. (10) OJ No L 120, 1 . 5 . 1974, p . 2. (•) OJ No 172, 30. 9. 1966, p. 3025/66. (») OJ No L 141, 3 . 6. 1975, p. 1 ,

15.3.76 Official Journal of the European Communities No L 67/ 19

HAS ADOPTED THIS REGULATION : Article 4

The security referred to in Articles 2 and 3 , the Article 1 amount of which may differ depending on the product, shall be released upon production within a period to be specified, of proof of the purchase of 1 . An obligation to purchase skimmed-milk powder a certain quantity .of powdered skimmed milk from held by intervention agencies for use in feedingstuffs an intervention agency and proof of its denaturation. for animals other than young calves is hereby established. The security may also be released in specific cases, particularly in the case of certain products intended 2. Skimmed-milk powder sold pursuant to this for uses to be specified. Regulation shall not be eligible for aid under Article 10 of Regulation (EEC) No 804/68 . Article 5

Article 2 In the case of contracts concluded before the date of entry into force of this Regulation, the successive The granting of aid : buyers of the products referred to in Articles 2 and 3 , or of protein products processed therefrom, shall ( a) for colza, rape and sunflower seeds, bear the burden of the costs arising under the ar rangements laid down in this Regulation. (b ) for linseed and soya beans, (c) for the products referred to under Article 1 (b ) of Regulation (EEC) No 1067/74, Article 6

shall be subject to the provision of a security, or the Proof of the purchase and the denaturation of the presentation of the document referred to in Article 6. skimmed-milk powder shall be provided by the production of a document, of standard Community form, made out by the competent authority of the Member State who is responsible for the denaturation Article 3 pursuant to Article 8 .

1 . Free circulation in the Community of: Article 7 ( a) products coming under subheading ex 12.01 B of the Common Customs Tariff, with the exception The selling prices of skimmed-milk powder shall be of castor-oil seeds, fixed to take account in particular of the non-appli (b) products coming under heading No ex 12.02 of cation of the aid system provided for in Article 10 the Common Customs Tariff, with the exception of Regulation (EEC) No 804/68 . of castor-oil flour or meal,

(c) products coming under subheadings ex 23.03 A Article 8 II and 23.04 B of the Common Customs Tariff, with the exception of castor-oil cakes, 1 . Denaturation of skimmed-milk powder shall be supervised by the competent authority of the Member (d) products coming under subheadings ex 23.07 B State within the territory of which denaturation is and C of the Common Customs Tariff, carried out. (e) products coming under subheading ex 12.10 B of the Common Customs Tariff, 2. It may be laid down that, in cases to be defined, denaturation shall be carried out by direct incor poration of skimmed-milk powder into an animal shall be subject to the presentation of a 'protein certificate'. feedingstuff having a composition to be specified, provided that : 2. The 'protein certificate' shall be issued by Mem — the principle of equality of treatment between ber States to any applicant irrespective of the place of undertakings is not thereby infringed, his establishment in the Community. The issue of a 'protein certificate' shall be conditional on the pro — undertakings carrying out such incorporation vision of a security or the submission of the provide adequate guarantees as regards the super document referred to in Article 6, vision of their operations .

No L 67/20 Official Journal of the European Communities 15 . 3 . 76

3 . The necessary measures shall be laid down to 2. Any security forfeited shall be used to offset the enable intervention agencies to replenish their stocks intervention expenditure for which no unit amount of skimmed-milk powder if necessary. The inter is fixed under Regulation (EEC) No 804/68 . vention agencies which have such stocks available shall provide transport for that purpose. 3 . Detailed rules for the application of this Article may be adopted in accordance with the procedure provided for in Article 13 of Regulation (EEC) No Article 9 729/70.

1 . Detailed rules for the application of the above Article 11 Articles shall be adopted in accordance with the procedures laid down in Article 38 of Regulation This Regulation shall enter into force on the day of No 136/66/EEC or in the corresponding Articles of its publication in the Official Journal of the Euro Regulations on the common organization of the pean Communities. markets in other sectors . These rules shall take account of the need to provide effective supervision This Regulation shall apply from 1 April 1976, of the system. with the exception of Articles 3 ( 1 ) and 5, in so far as it concerns the costs arising from the implement 2. In the event of difficulties arising with respect to ation of Article 3 ( 1 ), both of which shall apply from the implementation of the above Articles, the Council 19 March 1976. may, acting by a qualified majority on a proposal from the Commission, derogate from Articles 2 to 8 Pending adoption of implementing rules on the in so far as necessary. matter, Member States shall take the necessary steps to ensure that clearance is not given for products Article 10 which have been declared for the purposes of being put into free circulation, unless the person concerned gives a commitment accompanied by a security 1 . The intervention agencies holding the products guaranteeing that these provisions will be respected. referred to in Artide 8 (3 ) shall enter the quantities of skimmed-milk powder transferred as having zero This Regulation shall applyx to the products referred value on the account referred to in Article 3 (2) (b) to in Article 2 in respect of which a deposit has been of Regulation (EEC ) No 2306/70 (*). lodged or the document referred to in Article 6 has been submitted before 31 October 1976, and to those The intervention agencies taking delivery pursuant products referred to in Article 3 , which have been to Article 8 (3 ) shall enter the quantities of skimmed imported before that date. milk powder of which they have taken delivery at zero value on the account referred to in the first subparagraph. However, the Council, acting by qualified majority on a proposal by the Commission, may, if the objec The transport costs borne by the intervention tive of a considerable reduction in existing stocks of agencies in respect of Article 8 (3 ) shall be entered in skimmed-milk powder has not been achieved by that the account referred to in Article 3 (2) ( b) of date, decide to extend the system referred to above Regulation (EEC) No 2306/70 . for the period of time necessary to achieve this aim.

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

Done at Brussels, 15 March 1976.

For the Council

The President

R. VOUEL

(M OJ No L 249, 17. 11 . 1970, p. 4.