11. 12. 79 Official Journal of the European Communities No L 315/11 COMMISSION REGULATION (EEC) No 2770/79 of 10 December 1979 on the sale of skimmed-milk powder intended for feed for calves and amending Regulation (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(!), as last amended by Regulation (EEC) No 1761/78 (2), and in particular Articles 7 (5) and 28 thereof, Whereas there is at present scope for the sale of skimmed-milk powder held in public storage because less of this product is now available on the market for use in particular, in the manufacture of compound feedingstuffs for calves ; whereas, to secure supplies for that industry, skimmed-milk powder which in public storage over a year old should therefore be sold; whereas the price must reflect the current situation on the market in compound. feedingstuffs for calves ; Whereas, as regards the definition of the prescribed use, reference should be made to the provisions, appli- cable to aid available to purchasers, of Commission Regulation (EEC) No 990/72 of 15 May 1972 on detailed rules for granting aid for skimmed milk processed into compound feedingstuffs and for skimmed-milk powder for use as feed (}), as last amended by Regulation (EEC) No 270/78 (%), or of Commission Regulation (EEC) No 1725/79 of 26 July 1979 on the rules for granting aid to skimmed milk processed into compound feedingstuffs and skimmed- milk powder intended for feed for calves (°); Whereas the Member States should notify the Commission of the quantities of skimmed-milk powder sold pursuant to this Regnlation ; Whereas 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 (¢), as last amended by Regulation (EEC) No 2568/79 (7), is applicable ; whereas, there- fore, the Annex thereto must be supplemented accord- ingly ; (') OJ No L 148, 28. 6. 1968, p. 13. 2) OJ No L 204, 28. 7. 1978, p. 6. % OJ No L 115, 17. 5. 1972, p. 1. ) OJ No L 40, 10. 2. 1978, p. 8. ) O] No L 199, 7. 8. 1979, p. 1. ) OJ No L 190, 14. 7. 1976, p. 1. ) O] No L 294, 21. 11. 1979, p. 14. Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION : Article 1 Skimmed-milk powder bought in pursuant to Article 7 (1) of Regulation (EEC) No 804/68 and stored prior to 1 January 1979 shall be sold as provided below. Article 2 1. The skimmed-milk powder shall be sold : (a) in quantities of not less than 10 tonnes; (b) ex warehouse, at a price equal to the buying in price paid by the intervention agency plus 0-40 ECU per 100 kg. 2.  Purchase applications reaching the intervention agency on the same day shall be regarded as having been submitted at the same time. Should applications exceed the quantity available at a warehouse, the inter- vention agency, failing an amicable arrangement with the parties concerned, shall draw lots to determine the allocation of the quantity available. Purchase applications introduced in pursuance of Regulation (EEC) No 2213/76 has the priority. Article 3 Skimmmed-milk powder shall be sold only to purchasers undertaking in writing to have it denatured or processed into compound feedingstuffs within two months from the date of conclusion of the sale contract : — either in accordance with Articles 2 and 3 or 4 of Regulation (EEC) No 990/72, where denaturing or processing takes place before the entry into force - of Regulation (EEC) No 1725/79, — or in accordance with Article 3 or 4 of Regulation (EEC) No 1725/79.