****

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

( 2 ) OJ NO L 291 , 19 . 11 . 1979 , P . 17 .

( 3 ) OJ NO L 173 , 22 . 7 . 1968 , P . 4 .

( 4 ) OJ NO L 161 , 29 . 6 . 1979 , P . 13 .

( 5 ) OJ NO L 106 , 12 . 5 . 1971 , P . 1 .

( 6 ) OJ NO L 190 , 14 . 7 . 1976 , P . 1 .

( 7 ) OJ NO L 113 , 25 . 4 . 1981 , P . 6 .

( 8 ) OJ NO L 213 , 11 . 8 . 1975 , P . 15 .

( 9 ) OJ NO L 363 , 31 . 12 . 1980 , P . 50 .

COMMISSION REGULATION ( EEC ) NO 1252/81

OF 11 MAY 1981

CONCERNING A SPECIAL SALE OF SKIMMED-MILK POWDER HELD BY THE GERMAN INTERVENTION AGENCY INTENDED FOR EXPORT TO POLAND , AND AMENDING REGULATIONS ( EEC ) NO 2044/75 AND ( EEC ) NO 1687/76

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

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 THE ACT OF ACCESSION OF GREECE ( 2 ), AND IN PARTICULAR ARTICLES 7 ( 5 ) AND 28 THEREOF ,

WHEREAS , AT A MEETING HELD IN LUXEMBOURG ON 1 AND 2 DECEMBER 1980 , THE EUROPEAN COUNCIL AGREED TO FACILITATE THE PURCHASE BY POLAND OF CERTAIN QUANTITIES OF MILK PRODUCTS IN THE COMMUNITY ; WHEREAS POLAND WISHES TO IMPORT INTER ALIA SKIMMED-MILK POWDER FOR FEEDING ANIMALS ;

WHEREAS THE APPROPRIATE QUANTITY OF SKIMMED-MILK POWDER NO LONGER MEETING FIRST-QUALITY REQUIREMENTS WITHIN THE MEANING OF ARTICLE 5 ( 2 ) OF COMMISSION REGULATION ( EEC ) NO 1014/68 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1272/79 ( 4 ), IS AVAILABLE TO THE GERMAN INTERVENTION AGENCY ; WHEREAS COMMUNITY EXPORTERS SHOULD BE PERMITTED TO DRAW SUPPLIES FROM THE GERMAN INTERVENTION AGENCY WITH A VIEW TO THE EXPORT TO POLAND OF A QUANTITY OF 25 000 TONNES ;

WHEREAS , TO SIMPLIFY ADMINISTRATION , EXPORT REFUNDS SHOULD NOT BE GRANTED ON SKIMMED-MILK POWDER EXPORTED UNDER THIS REGULATION , BUT AN APPROPRIATE REDUCTION MADE IN THE SELLING PRICE ; WHEREAS THE PRICE IS TO BE FIXED SO THAT THE MONETARY COMPENSATORY AMOUNTS REFERRED TO IN COUNCIL REGULATION ( EEC ) NO 974/71 ( 5 ) ARE NOT APPLIED ;

WHEREAS , TO ENSURE THAT THE SKIMMED-MILK POWDER REACHES ITS DESTINATION , SUPERVISION MUST BE EXERCISED FROM THE TIME THE PRODUCT LEAVES THE STORE UNTIL IT REACHES ITS DESTINATION IN THE NON-MEMBER COUNTRY CONCERNED ; WHEREAS , IN ADDITION TO THE SUPERVISORY PROVISIONS LAID DOWN IN COMMISSION REGULATION ( EEC ) NO 1687/76 ( 6 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1087/81 ( 7 ), IT IS NECESSARY TO LAY DOWN ADDITIONAL CONDITIONS IN VIEW OF THE SPECIAL NATURE OF THE OPERATION ;

WHEREAS EXPORT LICENCES USED FOR EXPORTS PURSUANT TO THIS REGULATION MUST BEAR APPROPRIATE ENDORSEMENTS TAKING ACCOUNT OF THE SPECIAL FEATURES OF THE OPERATION ; WHEREAS ARTICLE 2 ( 4 ) OF COMMISSION REGULATION ( EEC ) NO 2044/75 ( 8 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3474/80 ( 9 ), SHOULD BE ADAPTED ACCORDINGLY ;

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 , THE GERMAN INTERVENTION AGENCY SHALL PROCEED TO THE SALE OF SKIMMED-MILK POWDER BOUGHT-IN IN ACCORDANCE WITH ARTICLE 7 ( 1 ) OF REGULATION ( EEC ) NO 804/68 AND TAKEN INTO STORAGE BEFORE 1 AUGUST 1979 .

2 . THE SKIMMED-MILK POWDER SOLD UNDER THIS REGULATION SHALL BE EXPORTED TO POLAND WITHOUT FURTHER PROCESSING AND IN THE ORIGINAL PACKAGING REFERRED TO IN ARTICLE 4 , WITHIN THE TIME LIMIT REFERRED TO IN ARTICLE 3 ( 3 ).

3 . THE TOTAL QUANTITY OF SKIMMED-MILK POWDER THAT MAY BE SOLD UNDER THIS REGULATION SHALL NOT EXCEED 25 000 TONNES .

ARTICLE 2

1 . THE SKIMMED-MILK POWDER SHALL BE SOLD , EX STORE , AT A PRICE OF 75 ECU PER 100 KILOGRAMS .

2 . IT SHALL BE SOLD ONLY :

( A ) IN QUANTITIES OF NOT LESS THAN 100 TONNES ;

( B ) TO THOSE CONCERNED IN THE COMMUNITY WHO SATISFY THE INTERVENTION AGENCY THAT THE COMPETENT POLISH AUTHORITIES HAVE ENTRUSTED THEM WITH THE SUPPLY OF THE QUANTITY IN QUESTION , BY PRODUCING INTER ALIA A CONTRACT CONCLUDED WITH THE SAID AUTHORITIES OR AN ORDER PLACED WITH THEM BY THE SAID AUTHORITIES .

ARTICLE 3

1 . THE PURCHASER SHALL PAY TO THE INTERVENTION AGENCY , BEFORE TAKING DELIVERY OF THE SKIMMED-MILK POWDER AND WITHIN THE PERIOD REFERRED TO IN PARAGRAPH 2 , IN RESPECT OF EACH QUANTITY WHICH HE INTENDS TO WITHDRAW , THE PURCHASE PRICE REFERRED TO IN ARTICLE 2 ( 1 ) AND SHALL LODGE FOR THAT QUANTITY , IN ACCORDANCE WITH ARTICLE 13 ( 1 ) OF REGULATION ( EEC ) NO 1687/76 , AN EXPORT SECURITY OF 60 ECU PER 100 KILOGRAMS .

2 . THE PURCHASER SHALL TAKE DELIVERY OF THE SKIMMED-MILK POWDER SOLD TO HIM BEFORE 1 DECEMBER 1981 . DELIVERY MAY BE IN INSTALMENTS . EXCEPT IN CASES OF FORCE MAJEURE , IF THE PURCHASER HAS FAILED TO MAKE THE PAYMENT REFERRED TO IN PARAGRAPH 1 WITHIN THE TIME LIMIT SPECIFIED , THE SALE OF THE REMAINING QUANTITIES SHALL BE CANCELLED . IF THE PAYMENT REFERRED TO IN PARAGRAPH 1 HAS BEEN MADE WITHOUT DELIVERY OF THE SKIMMED-MILK POWDER HAVING BEEN TAKEN WITHIN THE PERIOD REFERRED TO ABOVE , THE PURCHASER SHALL BEAR THE COST OF STORAGE OF THE SKIMMED-MILK POWDER FROM 1 DECEMBER 1981 ONWARDS .

3 . SKIMMED-MILK POWDER , DELIVERY OF WHICH HAS BEEN TAKEN BY THE PURCHASER , MUST BE EXPORTED BEFORE 1 JANUARY 1982 .

ARTICLE 4

THE SKIMMED-MILK POWDER SHALL BE DELIVERED BY THE INTERVENTION AGENCY IN PACKAGES BEARING THE FOLLOWING MARKING IN LETTERS AT LEAST 1 CM HIGH :

- ' EG-MAGERMILCHPULVER ZUR AUSFUHR NACH POLEN ( VERORDNUNG ( EWG ) NR . 1252/81 ;

- ' MLEKO CHUDE W PROSZKU Z EWG NA WYWOZ DO POLSKI ( ROZPORZADZENIE ( EWG ) NR . 1252/81 ) ' .

ARTICLE 5

1 . EXCEPT IN CASES OF FORCE MAJEURE , THE EXPORT SECURITY REFERRED TO IN ARTICLE 3 ( 1 ) SHALL BE FORFEIT IN PROPORTION TO THE QUANTITIES FOR WHICH THE PROOF REFERRED TO IN ARTICLE 13 ( 4 ) OF REGULATION ( EEC ) NO 1687/76 HAS NOT BEEN PRODUCED WITHIN 12 MONTHS , CALCULATED FROM THE DATE OF CONCLUSION OF THE SALES CONTRACT .

2 . IN CASES OF FORCE MAJEURE NOT COMING WITHIN ARTICLE 11 ( 1 ) OF REGULATION ( EEC ) NO 1687/76 , THE INTERVENTION AGENCY SHALL TAKE THE MEASURES DEEMED NECESSARY IN VIEW OF THE CIRCUMSTANCES INVOKED .

ARTICLE 6

THE GERMAN INTERVENTION AGENCY SHALL NOTIFY THE COMMISSION :

( A ) AT THE LATEST ON THE TUESDAY OF EACH WEEK , OF THE QUANTITIES OF SKIMMED-MILK POWDER WHICH DURING THE PREVIOUS WEEK :

- HAVE BEEN THE SUBJECT OF A SALES CONTRACT ,

- HAVE BEEN WITHDRAWN FROM STORAGE IN ACCORDANCE WITH THIS REGULATION .

( B ) EACH MONTH , OF THE CASES IN WHICH THEY HAVE APPLIED ARTICLE 5 ( 2 ), SPECIFYING THE CIRCUMSTANCES INVOKED , THE QUANTITY INVOLVED AND THE MEASURES TAKEN .

ARTICLE 7

NO EXPORT REFUND SHALL BE GRANTED OR MONETARY COMPENSATORY AMOUNT APPLIED TO SKIMMED-MILK POWDER SOLD AND EXPORTED UNDER THIS REGULATION .

HOWEVER , SUCH SKIMMED-MILK POWDER SHALL BE CONSIDERED AS SATISFYING THE PROVISIONS OF ARTICLE 2 ( 1 ) ( B ) OF REGULATION ( EEC ) NO 754/76 FROM THE TIME OF CLEARANCE THROUGH CUSTOMS FOR EXPORT .

IF THE PROVISIONS OF ARTICLE 2 ( 2 ) OF THE SAID REGULATION APPLY , AN AMOUNT EQUAL TO THE SECURITY REFERRED TO IN ARTICLE 3 ( 1 ) OF THIS REGULATION MUST BE PAID . THE AMOUNT SHALL BE CONSIDERED AS A SECURITY WHICH HAS BEEN FORFEITED WITHIN THE MEANING OF ARTICLE 2 OF REGULATION ( EEC ) NO 352/78 .

ARTICLE 8

THE FOLLOWING SUBPARAGRAPH IS ADDED TO ARTICLE 22 ( 4 ) ( B ) OF REGULATION ( EEC ) NO 2044/75 :

' IF THE EXPORT IS AN EXPORT UNDER REGULATION ( EEC ) NO 1252/81 , THE PROVISION UNDER ( B ) SHALL APPLY BUT THE REFERENCE TO REGULATION ( EEC ) NO 3265/80 SHALL BE REPLACED BY A REFERENCE TO REGULATION ( EEC ) NO 1252/81 ' .

ARTICLE 9

REGULATION ( EEC ) NO 1687/76 IS HEREBY AMENDED AS FOLLOWS :

IN PART I OF THE ANNEX , ' PRODUCTS TO BE EXPORTED IN THE SAME STATE AS THAT IN WHICH THEY WERE WHEN REMOVED FROM INTERVENTION STOCK ' , THE FOLLOWING POINT AND FOOTNOTE RELATING THERETO ARE ADDED :

' 29 . COMMISSION REGULATION ( EEC ) NO 1252/81 OF 11 MAY 1981 CONCERNING A SPECIAL SALE OF SKIMMED-MILK POWDER , HELD BY THE GERMAN INTERVENTION AGENCY , INTENDED FOR EXPORT TO POLAND ( 29 ).

( 29 ) OJ NO L 126 , 12 . 5 . 1981 , P . 8 . '

ARTICLE 10

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF 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 , 11 MAY 1981 .

FOR THE COMMISSION

POUL DALSAGER

MEMBER OF THE COMMISSION