****

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

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

( 3 ) OJ NO C 117 , 12 . 5 . 1980 , P . 71 .

COUNCIL REGULATION ( EEC ) NO 1312/80

OF 28 MAY 1980

LAYING DOWN GENERAL RULES FOR THE SUPPLY OF MILK FATS TO CERTAIN DEVELOPING COUNTRIES AND SPECIALIZED BODIES UNDER THE 1980 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 6 ( 6 ) 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 MILK FATS ; WHEREAS THESE FATS MAY BE SUPPLIED IN THE FORM OF BUTTER OR BUTTEROIL PRODUCED WITHIN THE COMMUNITY AND MEETING CERTAIN QUALITY STANDARDS ;

WHEREAS THE AMOUNTS AVAILABLE AT PRESENT IN THE COMMUNITY ENABLE A QUANTITY CORRESPONDING TO 45 000 TONNES OF BUTTEROIL TO BE SUPPLIED AS FOOD AID IN BUTTER AND BUTTEROIL ; WHEREAS THE APPORTIONMENT OF SUPPLIES BETWEEN PUBLIC AND PRIVATE STOCKS WILL VARY DEPENDING ON MARKET TRENDS AND SEASONAL REQUIREMENTS ;

WHEREAS IN VIEW OF THE SITUATION ON THE COMMUNITY MARKET IN BUTTER AND OTHER BUTTERFATS , AS WELL AS THE NEED TO MAKE CERTAIN EMERGENCY DELIVERIES AND ENSURE REGULAR SUPPLIES UNDER THE MOST FAVOURABLE ECONOMIC CONDITIONS , PROVISION SHOULD BE MADE FOR THESE SUPPLIES TO BE MADE EITHER BY TAKING BUTTER OR OTHER BUTTERFATS FROM STOCKS HELD BY INTERVENTION AGENCIES OR BY BUYING-IN BUTTER OR BUTTEROIL 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 SHOULD BE MADE FOR A TENDERING PROCEDURE ; WHEREAS , HOWEVER , IN THE INTERESTS OF SPEED IT MAY BE DESIRABLE IN EXCEPTIONAL CASES TO USE PRIVATE CONTRACTS ;

WHEREAS IT IS DESIRABLE THAT THE RULES FOR IMPLEMENTING THE MEASURES LAID DOWN FOR BUYING-IN BUTTER OR BUTTEROIL 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

A QUANTITY OF BUTTER OR BUTTEROIL CORRESPONDING TO 45 000 TONNES OF BUTTEROIL SHALL BE MADE AVAILABLE TO CERTAIN DEVELOPING COUNTRIES AND SPECIALIZED BODIES UNDER THE 1980 FOOD-AID PROGRAMME .

ARTICLE 2

1 . THE BUTTER REFERRED TO IN ARTICLE 1 SHALL BE PURCHASED IN ACCORDANCE WITH ARTICLE 6 ( 1 ) OF REGULATION ( EEC ) NO 804/68 . THE BUTTEROIL REFERRED TO IN ARTICLE 1 SHALL BE PROCESSED FROM THIS BUTTER .

2 . IF THE MARKET SITUATION IS SUCH THAT DELIVERY AS PROVIDED IN ARTICLE 1 CANNOT BE CARRIED OUT IN ACCORDANCE WITH PARAGRAPH 1 , THEN THE SUPPLY SHALL BE ENSURED BY USING BUTTER OR BUTTER FATS AVAILABLE 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 BUTTER OR BUTTEROIL , 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 A DECISION OF THE COUNCIL ADOPTED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 8 :

- FORWARDING TO THE FRONTIER OF THE COUNTRY AND , POSSIBLY , TO THE PLACES 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 RECIPIENT COUNTRY OR BODY BY THE COMMISSION .

ARTICLE 5

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

ARTICLE 6

THE SUMS TO BE PAID TO THE UNDERTAKING SELECTED SHALL BE DUE ONLY IF :

( A ) THE UNDERTAKING SATISFIES THE CONDITIONS LAID DOWN IN THE INVITATION TO TENDER OR THE PRIVATE CONTRACT ; AND

( B ) THE QUALITY AND PACKING OF THE DELIVERED PRODUCTS ARE FOUND ON INSPECTION TO COMPLY WITH THE RELEVANT COMMUNITY PROVISIONS .

PROVISION MAY BE MADE FOR PART OF SUCH SUMS TO BE PAID IN ADVANCE .

ARTICLE 7

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 8

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 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 , 28 MAY 1980 .

FOR THE COUNCIL

THE PRESIDENT

G . MARCORA