****

( 1 ) OJ NO L 131 , 26 . 5 . 1977 , P . 6 .

( 2 ) OJ NO L 161 , 29 . 6 . 1979 , P . 11 .

( 3 ) OJ NO L 98 , 11 . 4 . 1978 , P . 5 .

( 4 ) OJ NO L 152 , 8 . 6 . 1978 , P . 11 .

COMMISSION REGULATION ( EEC ) NO 2935/79

OF 20 DECEMBER 1979

CONTINUING THE MEASURES REFERRED TO IN REGULATION ( EEC ) NO 723/78 ON MARKET RESEARCH MEASURES WITHIN THE COMMUNITY IN RESPECT OF MILK AND MILK PRODUCTS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1079/77 OF 17 MAY 1977 ON A CO-RESPONSIBILITY LEVY AND ON MEASURES FOR EXPANDING THE MARKETS IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1271/79 ( 2 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,

WHEREAS THE MARKET RESEARCH MEASURES CARRIED OUT PURSUANT TO COMMISSION REGULATION ( EEC ) NO 723/78 OF 10 APRIL 1978 CONCERNING PROMOTIONAL , PUBLICITY AND MARKET RESEARCH MEASURES WITHIN THE COMMUNITY IN RESPECT OF MILK AND MILK PRODUCTS ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1223/78 ( 4 ), HAVE PROVED AN EFFECTIVE MEANS OF EXPANDING THE MARKETS IN MILK PRODUCTS IN THE COMMUNITY ; WHEREAS THEY SHOULD THEREFORE BE CONTINUED IN THE MEDIUM TERM ;

WHEREAS THE RESEARCH INSTITUTES , ORGANIZATIONS AND PRIVATE UNDERTAKINGS IN THE COMMUNITY POSSESSING THE NECESSARY QUALIFICATIONS AND EXPERIENCE SHOULD BE INVITED AGAIN TO PROPOSE DETAILED RESEARCH PROGRAMMES WHICH THESE ORGANIZATIONS WOULD THEMSELVES CARRY OUT ;

WHEREAS , AS REGARDS THE OTHER ARRANGEMENTS , THE MAJOR PORTION OF THE PROVISIONS OF REGULATION ( EEC ) NO 723/78 , AMENDED IN THE LIGHT OF RELEVANT EXPERIENCE , MAY BE REPEATED ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . UNDER THE CONDITIONS LAID DOWN IN THIS REGULATION , ENCOURAGEMENT SHALL BE GIVEN TO RESEARCH WORK PRIMARILY OF A TECHNICAL NATURE , DESIGNED TO EXPAND THE MARKETS FOR COMMUNITY MILK AND MILK PRODUCTS INSIDE THE COMMUNITY .

SUCH WORK SHALL INCLUDE THE FOLLOWING :

( A ) RESEARCH INTO NEW OR IMPROVED PRODUCTS ;

( B ) RESEARCH INTO NEW OR IMPROVED PACKAGINGS TO FACILITATE TRANSPORT AND STORAGE OF THE PRODUCTS ;

( C ) SCIENTIFIC EXAMINATION OF THE NUTRITIONAL ASPECTS OF THE CONSUMPTION OF MILK AND ITS CONSTITUENTS ;

( D ) EXAMINATION OF THE POSSIBILITIES OF INCREASED USE OF LIQUID SKIMMED MILK FOR ANIMAL FEED ;

( E ) WHERE A SPECIAL CASE IS MADE , RESEARCH AIMED AT IMPROVING THE MARKETING OF DAIRY PRODUCTS .

2 . THE CONTINUATION OF RESEARCH WORK COMMENCED UNDER REGULATION ( EEC ) NO 723/78 MAY BE REGARDED AS A MEASURE WITHIN THE MEANING OF PARAGRAPH 1 .

3 . THE MEASURES REFERRED TO IN PARAGRAPH 1 SHALL BE ELIGIBLE ONLY IF THEY ARE BEGUN AFTER 31 MARCH 1980 ; THEY SHALL BE COMPLETED NOT LATER THAN 31 MARCH 1982 .

ARTICLE 2

1 . THE RESEARCH WORK REFERRED TO IN ARTICLE 1 SHALL BE PROPOSED AND CARRIED OUT BY RESEARCH INSTITUTES , BODIES , ORGANIZATIONS OR UNDERTAKINGS WHICH :

( A ) HAVE THE NECESSARY QUALIFICATIONS AND EXPERIENCE ;

( B ) GIVE SUITABLE GUARANTEES TO ENSURE THE SATISFACTORY COMPLETION OF THE WORK .

2 . COMMUNITY FINANCING SHALL BE LIMITED TO 75 % OF EXPENDITURE INCURRED IN RESPECT OF THE WORK REFERRED TO IN PARAGRAPH 1 .

ARTICLE 3

1 . THE PARTIES SPECIFIED IN ARTICLE 2 ( 1 ) SHALL BE INVITED TO TRANSMIT TO THE COMPETENT AUTHORITY APPOINTED BY THEIR MEMBER STATE , HEREINAFTER CALLED THE ' INTERVENTION AGENCY ' , DETAILED PROPOSALS CONCERNING THE MEASURES REFERRED TO IN ARTICLE 1 .

2 . PROPOSALS SHALL REACH THE INTERVENTION AGENCY CONCERNED BEFORE 1 APRIL 1980 .

3 . THE INTERVENTION AGENCIES SHALL SPECIFY THE OTHER RULES FOR SUBMISSION OF PROPOSALS IN A NOTICE WHICH SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

4 . WITHIN 10 WORKING DAYS OF THE EXPIRY OF THE TIME LIMIT LAID DOWN IN PARAGRAPH 2 , THE INTERVENTION AGENCY SHALL TRANSMIT TO THE COMMISSION THE PROPOSALS RECEIVED AND ANY SUPPLEMENTARY DOCUMENTS .

THE INTERVENTION AGENCY MAY ADD ITS COMMENTS , IF ANY , TO THE PROPOSALS IN QUESTION .

ARTICLE 4

1 . PROPOSALS SHALL STATE :

( A ) THE NAME AND ADDRESS OF THE PARTY CONCERNED ;

( B ) ANY DETAILS CONCERNING THE RESEARCH WORK PROPOSED , INDICATING THE TIME REQUIRED FOR COMPLETION , THE EXPECTED RESULTS AND ANY THIRD PARTIES WHICH MAY BE INVOLVED ;

( C ) THE PRICE ASKED FOR THIS WORK , EXPRESSED IN THE CURRENCY OF THE MEMBER STATE ON WHOSE TERRITORY THE PARTY CONCERNED IS ESTABLISHED , GIVING AN ITEMIZED BREAKDOWN OF THIS AMOUNT AND SHOWING THE CORRESPONDING FINANCING PLAN ;

( D ) THE DESIRED FORM OF PAYMENT OF THE COMMUNITY CONTRIBUTION ( ARTICLE 7 ( 1 ) ( A ) OR ( B )).

2 . PROPOSALS SHALL BE VALID ONLY WHERE :

( A ) THEY ARE SUBMITTED BY A PARTY FULFILLING THE CONDITIONS LAID DOWN IN ARTICLE 2 ( 1 );

( B ) THEY ARE ACCOMPANIED BY AN UNDERTAKING TO OBSERVE THE PROVISIONS OF THIS REGULATION AND THOSE CONTAINED IN THE LIST OF CLAUSES AND CONDITIONS REFERRED TO IN ARTICLE 6 .

ARTICLE 5

1 . AFTER EXAMINATION OF THE PROPOSALS BY THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS PURSUANT TO ARTICLE 31 OF REGULATION ( EEC ) NO 804/68 , THE COMMISSION SHALL CONCLUDE CONTRACTS FOR THE RESEARCH WORK REFERRED TO IN ARTICLE 1 ( 1 ) WITH THOSE PARTIES WHOSE PROPOSALS HAVE BEEN ACCEPTED .

PRIOR TO THE CONCLUSION OF A CONTRACT , THE PARTY CONCERNED MAY BE REQUESTED TO SUPPLY ADDITIONAL INFORMATION AND/OR DETAILS CONCERNING ITS PROPOSAL .

2 . THE INTERVENTION AGENCY SHALL INFORM EACH PARTY CONCERNED AS SOON AS POSSIBLE OF THE DECISION TAKEN IN RESPECT OF ITS PROPOSAL .

ARTICLE 6

1 . ON ACCEPTANCE OF A PROPOSAL IN ACCORDANCE WITH ARTICLE 5 , A LIST OF TERMS AND CONDITIONS SHALL BE DRAWN UP BY THE COMMISSION IN AT LEAST THREE COPIES AND SIGNED BY THE PARTY CONCERNED .

2 . THE LIST OF TERMS AND CONDITIONS SHALL FORM AN INTEGRAL PART OF THE CONTRACT REFERRED TO IN ARTICLE 5 ( 1 ) AND SHALL :

( A ) INCLUDE THE DETAILS REFERRED TO IN ARTICLE 4 ( 1 ) OR MAKE REFERENCE TO THEM ;

( B ) SUPPLEMENT THESE DETAILS , WHERE NECESSARY , BY ADDITIONAL PROVISIONS RESULTING FROM THE APPLICATION OF THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 1 ).

3 . THE COMMISSION SHALL SEND A COPY OF THE CONTRACT AND OF THE LIST OF TERMS AND CONDITIONS TO THE INTERVENTION AGENCY RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE AGREED CONDITIONS .

ARTICLE 7

1 . THE INTERVENTION AGENCY CONCERNED SHALL PAY TO THE PARTY IN QUESTION , IN ACCORDANCE WITH THE CHOICE GIVEN IN ITS PROPOSAL , EITHER :

( A ) WITHIN SIX WEEKS OF THE DATE OF SIGNATURE OF THE CONTRACT AND THE LIST OF CLAUSES AND CONDITIONS , A SINGLE PAYMENT ON ACCOUNT AMOUNTING TO 60 % OF THE AGREED COMMUNITY CONTRIBUTION ; OR ,

( B ) AT FOUR-MONTHLY INTERVALS , FOUR EQUAL INSTALMENTS EACH AMOUNTING TO 20 % OF THE AGREED COMMUNITY CONTRIBUTION , THE FIRST SUCH INSTALMENT BEING PAID WITHIN SIX WEEKS OF THE DATE OF SIGNATURE OF THE CONTRACT AND THE LIST OF TERMS AND CONDITIONS .

2 . THE PAYMENT OF EACH INSTALMENT SHALL BE SUBJECT TO THE LODGING WITH THE INTERVENTION AGENCY OF A SECURITY EQUAL TO THE AMOUNT OF THE INSTALMENT , PLUS 10 % .

WHERE A CONTRACT IS CONCLUDED WITH A PUBLIC INSTITUTION , THE LODGING OF A SECURITY MAY BE DISPENSED WITH , PROVIDED THAT THERE EXISTS IN SOME OTHER FORM A GUARANTEE EQUIVALENT TO THAT REFERRED TO IN PARAGRAPH 4 , IN THE EVENT OF FAILURE TO COMPLY WITH THE CONDITIONS SET OUT IN PARAGRAPH 3 .

3 . THE RELEASE OF SECURITIES AND PAYMENT OF THE BALANCE BY THE INTERVENTION AGENCY SHALL BE SUBJECT TO :

( A ) CONFIRMATION BY THE INTERVENTION AGENCY THAT THE PARTY CONCERNED HAS FULFILLED ITS OBLIGATIONS AS LAID DOWN IN THE LIST OF TERMS AND CONDITIONS ;

( B ) THE TRANSMISSION TO THE COMMISSION AND TO THE INTERVENTION AGENCY OF THE REPORT REFERRED TO IN ARTICLE 8 ( 1 ) AND VERIFICATION OF THE DETAILS CONTAINED IN THIS REPORT BY THE INTERVENTION AGENCY ; AND

( C ) PROOF BEING FURNISHED THAT THE PARTY CONCERNED HAS SPENT ITS OWN CONTRIBUTION FOR THE PURPOSES LAID DOWN .

4 . TO THE EXTENT THAT THE CONDITIONS SET OUT IN PARAGRAPH 3 ARE NOT FULFILLED , SECURITIES SHALL BE FORFEITED . IN THIS EVENT , THE AMOUNT IN QUESTION SHALL BE DEDUCTED FROM THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND , GUARANTEE SECTION , EXPENDITURE , AND MORE PARTICULARLY FROM THAT ARISING OUT OF THE MEASURES REFERRED TO IN ARTICLE 4 OF REGULATION ( EEC ) NO 1079/77 .

ARTICLE 8

1 . EACH PARTY RESPONSIBLE FOR RESEARCH WORK AS REFERRED TO IN ARTICLE 1 ( 1 ) SHALL SUBMIT TO THE COMMISSION AND TO THE INTERVENTION AGENCY CONCERNED , WITHIN THE TIME LIMIT , AND IN ACCORDANCE WITH THE RULES , LAID DOWN IN THE CONTRACT AND LIST OF TERMS AND CONDITIONS , AND IN ANY CASE BEFORE 1 JULY 1982 , A DETAILED REPORT ON THE UTILIZATION OF THE COMMUNITY FUNDS ALLOCATED AND ON THE RESULTS OF THE MEASURE IN QUESTION .

2 . THE RESULTS MAY ONLY BE PUBLISHED WITH THE EXPRESS AUTHORIZATION OF THE COMMISSION .

ARTICLE 9

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 , 20 DECEMBER 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT