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( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 204 , 28 . 7 . 1978 , P . 6 .

( 3 ) OPINION DELIVERED ON 27 APRIL 1979 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

COUNCIL REGULATION ( EEC ) NO 937/79

OF 8 MAY 1979

LAYING DOWN GENERAL RULES FOR THE SUPPLY OF SKIMMED-MILK POWDER TO CERTAIN DEVELOPING COUNTRIES AND SPECIALIZED BODIES UNDER THE 1979 FOOD-AID PROGRAMME

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY AND IN PARTICULAR ARTICLE 43 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1761/78 ( 2 ), AND IN PARTICULAR ARTICLE 7 ( 4 ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ),

WHEREAS CERTAIN DEVELOPING COUNTRIES AND SPECIALIZED BODIES HAVE INDICATED THEIR REQUIREMENTS IN HIGH-PROTEIN MILK PRODUCTS ; WHEREAS THESE HIGH-PROTEIN PRODUCTS MAY BE SUPPLIED IN THE FORM OF SKIMMED-MILK POWDER PRODUCED WITHIN THE COMMUNITY AND MEETING CERTAIN QUALITY STANDARDS ;

WHEREAS THE SUPPLY OF SKIMMED-MILK POWDER MUST TAKE INTO ACCOUNT THE AMOUNTS OF SKIMMED-MILK POWDER AVAILABLE IN THE COMMUNITY AND THE NECESSITY OF NOT DISRUPTING MARKET CONDITIONS ;

WHEREAS THE AMOUNTS AVAILABLE AT PRESENT ENABLE 150 000 TONNES OF SKIMMED-MILK POWDER TO BE SUPPLIED UNDER THE 1979 FOOD-AID PROGRAMME ;

WHEREAS , IF THE QUANTITIES OF SKIMMED-MILK POWDER IN PUBLIC STOCKS ARE INSUFFICIENT FOR THE DELIVERY OF THE ABOVEMENTIONED AMOUNT , OR IF THEY DO NOT HAVE THE CHARACTERISTICS NECESSARY FOR THEIR PARTICULAR DESTINATION WHERE THIS REQUIRES IN PARTICULAR OTHER FORMS OF PACKING OR THE ADDITION OF VITAMINS OR OTHER ADDITIVES , SUPPLIES MUST BE ENSURED BY THE BUYING IN OF SKIMMED-MILK POWDER ON THE COMMUNITY MARKET ;

WHEREAS , IN ORDER TO ENABLE THE AID TO BE USED EFFECTIVELY , ARRANGEMENTS SHOULD BE MADE TO FINANCE CERTAIN TRANSPORT AND DISTRIBUTION COSTS ;

WHEREAS THE SUPPLIES MUST BE DELIVERED AT THE CHEAPEST POSSIBLE PRICE ; WHEREAS IN ORDER TO ACHIEVE THAT AIM , PROVISION MUST BE MADE FOR A TENDERING PROCEDURE ; WHEREAS , HOWEVER , IN THE INTERESTS OF SPEED IT MAY BE DESIRABLE IN EXCEPTIONAL CASES TO HAVE RECOURSE TO PRIVATE CONTRACTS ;

WHEREAS IT IS DESIRABLE THAT THE RULES FOR IMPLEMENTING THE MEASURES LAID DOWN FOR BUYING-IN SKIMMED-MILK POWDER ON THE MARKET SHOULD BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 30 OF REGULATION ( EEC ) NO 804/68 , AS IN THE CASE OF THE RULES TO BE APPLIED WHERE PUBLIC STOCKS ARE USED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

150 000 TONNES OF SKIMMED-MILK POWDER SHALL BE MADE AVAILABLE TO CERTAIN DEVELOPING COUNTRIES AND SPECIALIZED BODIES UNDER THE 1979 FOOD-AID PROGRAMME .

ARTICLE 2

1 . THE SKIMMED-MILK POWDER REFERRED TO IN ARTICLE 1 SHALL BE PURCHASED IN ACCORDANCE WITH ARTICLE 7 ( 1 ) OF REGULATION ( EEC ) NO 804/68 .

2 . IF THE AMOUNTS OF SKIMMED-MILK POWDER IN PUBLIC STOCKS ARE INSUFFICIENT TO SUPPLY THE QUANTITIES PROVIDED FOR IN ARTICLE 1 OR IF THEY DO NOT HAVE THE CHARACTERISTICS NECESSARY FOR THEIR PARTICULAR DESTINATION WHERE THIS REQUIRES , IN PARTICULAR , OTHER FORMS OF PACKING OR THE ADDITION OF VITAMINS OR OTHER ADDITIVES , SUPPLIES SHALL BE ENSURED BY THE BUYING IN OF SKIMMED-MILK POWDER ON THE COMMUNITY MARKET . BUYING IN SHALL BE DONE IN SUCH A WAY AS NOT TO DISTURB THE NORMAL DEVELOPMENT OF PRICES ON THE MARKET .

ARTICLE 3

FOR THE PURPOSES OF ARTICLE 1 :

( A ) THE COST OF THE SKIMMED-MILK POWDER , DELIVERED TO THE PORT OF SHIPMENT OR A CORRESPONDING STAGE , SHALL BE FINANCED BY THE COMMUNITY ;

( B ) IN EXCEPTIONAL CASES , THE COMMUNITY MAY ALSO WHOLLY OR PARTIALLY FINANCE ON THE BASIS OF A DECISION OF THE COUNCIL ADOPTED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 7 :

- SHIPMENT TO THE FRONTIER OF THE COUNTRY AND , POSSIBLY , TO THE PLACE(S ) OF DESTINATION , AND

- DISTRIBUTION , WHERE THE GOODS ARE DISTRIBUTED BY A SPECIALIZED BODY .

ARTICLE 4

THE COSTS REFERRED TO IN ARTICLE 3 ( B ) SHALL , WHERE THE ARRANGEMENTS AGREED WITH THE RECIPIENT COUNTRY OR BODY SO PROVIDE , BE PAID WHOLLY OR IN PART AS A LUMP-SUM CONTRIBUTION TO THE COUNTRY OR BODY OF DESTINATION BY THE COMMISSION .

ARTICLE 5

WITHOUT PREJUDICE TO ARTICLE 4 , INVITATIONS TO TENDER SHALL BE ISSUED FOR DELIVERY OF THE PRODUCT TO THE PORT OF SHIPMENT OR A CORRESPONDING STAGE , AND , WHERE RELEVANT , FOR ITS SHIPMENT BEYOND THAT STAGE AND ITS PURCHASE ON THE COMMUNITY MARKET , SAVE IN EXCEPTIONAL CASES WHERE PRIVATE CONTRACTS MAY BE NEGOTIATED .

ARTICLE 6

THE DECISION TO APPLY ARTICLE 2 ( 2 ) SHALL BE TAKEN AND THE RESULTING PROCEDURE FOR IMPLEMENTING THAT PARAGRAPH AND ARTICLE 5 SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 30 OF REGULATION ( EEC ) NO 804/68 .

ARTICLE 7

THE COUNTRIES AND BODIES FOR WHICH THIS AID IS DESTINED , TOGETHER WITH THE QUANTITY TO BE ALLOCATED TO EACH , SHALL BE DETERMINED BY THE COUNCIL ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION .

ARTICLE 8

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 8 MAY 1979 .

FOR THE COUNCIL

THE PRESIDENT

P . BERNARD-REYMOND