REGULATION (EEC) No 1038/72 OF THE COUNCIL of 18 May 1972 amending Regulation (EEC) No 986/68 laying down general rules for granting aid for skimmed milk and skimmed milk powder for use as feed

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community;

Having regard to Council Regulation (EEC) No 804/681 of 27 June 1968 on the common organization of the market in milk and milk products, as last amended by Regulation (EEC) No 1410/71,2 and in particular Article 10 (2) thereof;

Having regard to the proposal from the Commission;

Whereas Article 10 (1) of Regulation (EEC) No 804/68 provides that aid shall be granted for skimmed milk and skimmed milk powder used as feed;

Whereas Regulation (EEC) No 986/68,3 as last amended by Regulation (EEC) No 673/71,4 lays down the conditions under which this aid is granted;

Whereas experience has shown that certain provisions of Regulation (EEC) No 986/68 should be clarified in order to make it easier for Member States to verify the intended use of the products;

HAS ADOPTED THIS REGULATION:

Article 1

The following paragraph shall be added to Article 2 of Regulation (EEC) No 968/68:

"5. Any product referred to in paragraph 1 in respect of which aid is granted may be used only as feed."

Article 2

Article 3 of Regulation (EEC) No 968/68 shall be amended as follows: 1. The last subparagraph of paragraph 1 shall be deleted.

2. The following subparagraph shall be added to paragraph 2:

"Moreover, when circumstances render this necessary, additional conditions for the payment of aid may be specified in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68."

3. Paragraph 3 shall be deleted.

Article 3

Article 4 of Regulation (EEC) No 968/68 shall be amended as follows: 1. The present text of Article 4 shall be numbered paragraph 1.

2. The following paragraph shall be added:

" 2. Member States shall take the measures necessary to ensure the application of the provisions laid down in Article 2 (4) and (5) and in Article 3 (2). To this end Member States may provide, in particular, for the possibility of checking any undertaking using or marketing skimmed milk powder.

"

Article 4

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. 1 OJ No L 148, 28.6.1968, p. 13.

2 OJ No L 148, 3.7.1971, p. 3.

3 OJ No L 169, 18.7.1968, p. 4.

4 OJ No L 77, 1.4.1971, p. 9.

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

Done at Brussels, 18 May 1972

For the Council

The President

M. MART