30. 6. 95 Official Journal of the European Communities No L 148/17 COUNCIL REGULATION (EC) No 1538/95 of 29 June 1995 amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (3), Having regard to the opinion of the Economic and Social Committee (3), Whereas Article 7 of Regulation (EEC) No 804/68 (%), lays down an intervention scheme for skimmed milk powder the objective of which is to support the enhancement of the value of milk proteins; whereas recent trends on the milk and milk products market reveal a significant increase in the relative value of the protein proportion of milk; whereas that trend is reflected both in the level of milk prices paid to the producer and in the level of prices of milk products sold on the Community and international markets; whereas, in addition, methods have been developed enabling the protein content of milk intended for processing to be manipulated; whereas, in order to avoid distortion between operators tendering for public intervention and in the interests of the proper administration of Community funds, a minimum requirement should be set for the protein content of skimmed milk powder bought into intervention; whereas that content should be fixed taking account of current commercial standards and in such a way that it cannot act as a criteria for exclusion from intervention; Whereas Council Regulation (EEC) No 1014/68 of 20 July 1968 laying down general rules for the public storage of skimmed milk powder (°) lays down provisions concerning the conditions for interrupting and resuming (") OJ No C 99, 21. 4. 1995, p. 20. (3) O] No C 151, 19. 6. 1995. ()} O] No C 155, 21. 6. 1995, p. 21. () O] No L 148, 28. 6. 1968, p. 13. Regulation as last amended by Regulation (EC) No 3290/94 (O] No L 349, 31. 12. 1994, p. 10S5). (°y O] No L 173, 22. 7. 1968, p. 4. Regulation as last amended by Regulation (EEC) No 3577/90 (O] No L 353, 17. 12. 1990, p. 23). purchases which no longer conform to the provisions of Article 7 of Regulation (EEC) No 804/68; whereas, for the purposes of simplification and clarification, the other general rules laid down in Regulation (EEC) No 1014/68 should be incorporated into the said Article 7 and the latter Regulation should therefore be repealed; Whereas, for the same reasons, 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 (°) should also be repealed and its provisions incorporated into Article 7 of Regulation (EEC) No 804/68, HAS ADOPTED THIS REGULATION: " Article 1 Article 7 of Regulation (EEC) No 804/68 is hereby replaced by the following: ‘Article 7 1. The intervention agency designated by each of the Member States shall, under conditions to be determined, buy in at the intervention price top quality skimmed milk powder made by the spray process and obtained in an approved undertaking in the Community, directly and exclusively from skimmed milk which is offered to it during the period 1 March to 31 August and which: — meets a minimum protein content of 35,6 % by weight of the non-fatty dry extract, ~— meets preservation requirements to be laid down, — meets conditions to be determined as regards the minimum quantity and packaging. However, intervention agencies shall also buy in skimmed milk powder whose protein content is at least 31,4 % and less than 35,6 %, of the non-fatty dry extract, provided that the other provisions laid down in subparagraph 1 above are met. In that case, the buying-in price shall be equal to the intervention (%) O] No L 144, 2. 7. 1970, p. 1.