No L 58/16 Official Journal of the European Communities 3.3.77 COMMISSION REGULATION (EEC) No 443/77 of 2 March 1977 on the sale at a fixed price of skimmed-milk powder for use in feed for pigs and poultry and amending Regulations (EEC) No 1687/76 and 368/77 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 (?), 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 fluctuations of the currencies of certain Member States (3), as last amended by Regulation (EEC) No 557/76 (%), and in particular Article 6 thereof, Whereas in conjunction with the sale by tender under 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 (5), a corres- ponding measure should be adopted for the sale of the skimmed-milk powder concerned at a fixed price, in order that the processing industry may obtain supplies, in certain circumstances, outside the tendering procedure ; Whereas the price must be fixed in such a way as to give priority to sale by tender ; whereas the other rules can for the most part be based on the provisions of Regulation (EEC) No 368/77 ; whereas some of these rules must be amended or corrected under this Regula- tion following some errors of substance ; 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 368/77, applied; whereas, therefore, an appropriate addition must be made to the Annex hereto ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage- ment Committee for Milk and Milk Products, } OJ No L 148, 28. 6. 1968, p. 13, } OF No L 67, 15. 3. 1976, p. 9. } OF No L 106, 12. 5. 1971, p. L. ) O] No L 67, 15. 3. 1976, p. L. ) OJ No L 52, 24. 2. 1977, p. 19. ) O] No L 190, 14. 7. 1976, p. 1. HAS ADOPTED THIS REGULATION : Article 1 There shall be put up for sale at a fixed price under the conditions set out hereinafter skimmed-milk powder bought in under Article 7 (1) of Regulation (EEC) No 804/68 and taken into storage before 1 January 1976. Article 2 1. Purchase contracts may only be concluded with the intervention agency during the period from the fourth Tuesday of each month to the Tuesday of the following week, hereinafter called ‘the selling period’. 2. Skimmed-milk powder shall be sold: (a) in quantities of 20 tonnes and over; {b) ex-warehouse at a price equal to the minimum selling price fixed in accordance with Article 11 of Regulation (EEC) No 368/77, for the individual invitation to tender immediately preceding the selling period, increased by one unit of account per 100 kilograms. 3. Requests to purchase which reach the interven- tion agency on the same day shall be deemed to have been introduced at the same time. lf, after taking such requests into account, it is found that they exceed the quantity available in a store, then unless the interested parties reach an amicable arrangement the interven- tion agency shall dispose of the available quantity by drawing lots. Article 3 Skimmed-milk powder shall be sold only to those who give a written undertaking : — either to denature the skimmed-milk powder or have it denatured in accordance with one of the formulae set out in Section 1 of the Annex to Regulation (EEC) No 368/77 and with the prescrip- tion set out in Section 3 thereof, at a denaturing centre approved in accordance with Article 7 of Regulation (EEC) No 368/77,