24. 2. 77 Official Journal of the European Communities No L 52/19 COMMISSION REGULATION (EEC) No 368/77 of 23 February 1977 on the sale by tender of skimmed-milk powder for use in feed for pigs and poultry 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 (), as last amended by Regulation (EEC) No 559/76 (3), and in particular Articles 7 (5) and 28 thereof, Having regard to Council Regulation (EEC) No 974/71 of 12 May 1971 on certain measures of conjunctural policy to be taken in agriculture following the temporary widening of the margins of fluctuation for the currencies of certain Member States (}), as last amended by Regulation (EEC) No 557/76 (*), and in particular Article 6 thereof, Whereas, pursuant to Council Regulation (EEC) No 1285/70 of 29 June 1970 laying down a special measure for the disposal of skimmed-milk powder bought in by intervention agencies (°), skimmed-milk powder in public storage which cannot be marketed on normal terms during a milk year may be sold at a reduced price if intended as feed for pigs and poultry ; whereas Article 7 (1) of Council Regulation (EEC) No 1014/68 of 20 July 1968 laying down general rules for the public storage of skimmed-milk powder (¢), as amended by Regulation (EEC) No 749/69 (), provides that the sale shall take place by, amongst other means, a tendering procedure ensuring equal access for all buyers to the skimmed-milk powder sold by the inter- vention agencies ; Whereas, because there are considerable stocks of skimmed-milk powder and limited possibilities for disposal, such a tendering procedure should now be initiated, without prejudice to a parallel measure for fixed-price sales to deal with certain special situa- tions ; whereas to make the tendering procedure more effective it is necessary to introduce a standing tendering procedure ; (1) OJ No L 148, 28. 6. 1968, p. 13. () O] No L 67, 15. 3. 1976, p. 9. () OJ No L 106, 12. 5. 1971, p. 1. () OJ No L 67, 15. 3. 1976, p. 1. () OJ No L 144, 2. 7. 1970, p. 1. (6) OJ No L 173, 22. 7. 1968, p. 4. (') O] No L 307, 7. 12. 1969, p. 2. Whereas the skimmed-milk powder must be sold at a price which allows it to be competitive with other feedingstuffs ; whereas it is therefore necessary to take measures which will guarantee that the skimmed-milk powder is not diverted from its final use ; whereas it is thus necessary to lay an obligation on buyers to dena- ture the skimmed-milk powder or incorporate it directly in compound feedingstuffs in such a way as to exclude, in particular, its use for calf feed ; whereas in this respect the provisions of Commissior Regulation (EEC) No 753/76 of 31 March 1976 laying down detailed rules for the sale of skimmed-milk powder for use in feedingstuffs pursuant to Regulation (EEC) No 563/76 (8), as last amended by Regulation (EEC) No 324/77 (9) may for the most part be taken over; whereas it is advisable that a processing security be required ; Whereas in order to ensure an effective check upon the final use of the skimmed-milk powder it is also necessary to provide that processing may take place only in undertakings meeting certain requirements ; whereas, moreover, Commission Regulation (EEC) No 1687/76 of 30 June 1976 laying down common detailed rules for verifying the-use and/or destination of products from intervention (1°), as subsequently amended by Regulation (EEC) No 303/77 (1), applies ; whereas, therefore, the Annex thereto must be amended accordingly ; Whereas the skimmed-milk powder will be sold at a very low price ; whereas it is thus advisable that the aid for skimmed-milk powder provided for in Article 10 of Regulation (EEC) No 804/68 should not be given and that the compensatory amounts provided for in Regulation (EEC) No 974/71 be modified accordingly ; Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman, (*) OJ No L 88, 1. 4. 1976, p. 1 () OJ No L 45, 17. 2. 1977, p. 19. (1 OJ No L 190, 14. 7. 1976, p. 1. (1) OJ No L 43, 15. 2. 1977, p. 1.