No L 86/18 Official Journal of the European Communities - 27. 3. 85 COMMISSION REGULATION (EEC) No 771/85 of 26 March 1985 amending Regulation (EEC) No 2213/76 on the sale of skimmed-milk powder from public storage and repealing Regulation (EEC) No 399/85 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 591/85 (3, and in particular Article 7 (5) thereof, ' Whereas the application of Article 1 of Commission Regulation (EEC) No 2213/76 (%), as last amended by Regulation (EEC) No 79/85 (*), which lays down the conditions for the placing on the market of stocks of skimmed-milk powder purchased by intervention agencies, has been suspended by Commission Regula- tion (EEC) No 399/85 (%) ; whereas the application of the said Article should, in view of the recent trend of skimmed-milk powder prices on the Community market, no longer be suspended; Whereas in order to discourage speculation in con- nection with the fixing of the new buying-in prices for skimmed-milk powder for the new marketing year, the quantity of skimmed milk put up for sale by the inter- vention agencies of the Member States should be limited to that which was put into storage prior to 1 January 1984, and the period allowed for taking over the skimmed-milk powder should be reduced; Whereas pursuant to Article 2 (1) of Regulation (EEC) No 2213/76, operators supplying skimmed-milk powder from the market as part of food-aid operations may buy a certain quantity of intervention skimmed- milk powder at the buying-in price less. 3 ECU per 100 kilograms ; whereas in the light of market trends that possibility should no longer be offered to them ; whereas, however, the provision in question should be maintained in the case of operators who continue to qualify under the scheme notwithstanding the suspen- sion provided for in Regulation (EEC) No 399/85, that is, those already designated on 16 February 1985; () OJ No L 148, 28. 6. 1968, p. 13. () OJ No L 68, 8. 3. 1985, p. §. () OJ No L 249, 11. 9. 1976, p. 6. () OJ No L 11, 12. 1. 1985, p. 5. () OJ No L 48, 16. 2. 1985, p. 25. 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 Regulation (EEC) No 399/85 is hereby repealed. Article 2 Regulation (EEC) No 2213/76 is hereby amended as follows : 1. Article 1 is replaced by the following: Article 1 The intervention agencies of the Member States shall sell, to any person wishing to purchase, skimmed-milk powder which they hold and which was stored prior to 1 January 1984’ 2. Article 2 (1) is replaced by the following : ‘.  The skimmed-milk powder shall be sold: (a) ex-storage depot at the buying-in price applied by the intervention agency when the contract of sale is concluded, plus 3 ECU per 100 kilo- grams ; (b) in lots of 10 tonnes or more.’ 3. The first subparagraph of Article 3 (1) is replaced by the following : ‘The purchaser shall take delivery of the skimmed- milk powder within 15 days calculated from the day on which the contract of sale was concluded.’ Article 3 Provided they furnish proof that, before 16 February 1985, they were designated by an intervention agency for the purpose of supplying a quantity of skimmed- milk powder from the market pursuant to Regulation (EEC) No 1354/83 operators may, under Regulation (EEC) No 2213/76, purchase a quantity of skimmed- milk powder not exceeding that quantity at an ex-storage depot price equivalent to the purchase price applicable when the contract of sale was concluded,