23. 2. 96 Official Journal of the European Communities No L 45/5 COMMISSION REGULATION (EC) No 322/96 of 22 February 1996 laying down detailed rules of application for the public storage of skimmed-milk powder THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European 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 Commission Regulation (EC) No 2931/95 (3), and in parti- cular Articles 7(5) and 28 thereof, Whereas Council Regulation (EEC) No 1014/68 of 20 July 1968 laying down general rules for the public storage of skimmed-milk powder (}), as last amended by Regula- tion (EEC) No 3577/90 (%), will be repealed with effect from 1 March 1996 by Council Regulation (EC) No 1538/95 (°); whereas the rules which have not been incor- porated into Regulation (EEC) No 804/68 should be included in the detailed rules of application for the public storage of skimmed-milk powder laid down by Commis- sion Regulation (EEC) No 625/78 (f), as last amended by Regulation (EC) No 1802/95 (*); whereas, in view of the number of adjustments to be made to that Regulation and the many amendments which have already been made to it, it should be redrafted in the interests of clarity and transparency; whereas Regulation (EEC) No 625/78 should therefore be repealed; Whereas intervention agencies may only buy skimmed- milk powder with a minimum protein content; whereas, furthermore, the buying-in price may vary according to the protein content; whereas, therefore, the analysis method to be used for determining that protein content and the method of calculating the buying-in price should be laid down; Whereas, in order to ensure that payments are not made incorrectly for skimmed-milk powder bought in, it should be laid down that compliance with all the relevant condi- tions must be checked and the protein content measured before payment is made; Whereas a reference method has been developed for the detection of buttermilk; whereas, in order to ensure uniform application of control measures, that analysis () OJ No L 148, 28. 6. 1968, p. 13. () OJ No L 307, 20. 12. 1995, p. 10. () OJ No L 173, 22. 7. 1968, p. 4. () OJ No L 353, 17. 12. 1990, p. 23. 9 OJ No L 148, 30. 6. 1995, p. 17. (9 OJ No L 84, 31. 3. 1978, p. 19. L () OJ No L 174, 26. 7. 1995, p. 27. method should be used for checking skimmed-milk powder bought in by intervention agencies; Whereas Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (!), as last amended by Directive 94/71/EC (), lays down that milk with an antimicrobial, substance content exceeding the maximum level autho- rized by Council Regulation (EEC) No 2377/90 (*°), as last amended by Regulation (EC) No 282/96 (), cannot be used for human consumption; whereas skimmed-milk powder bought in by intervention agencies should be checked for the presence of antimicrobial substances currently used; whereas a method should be laid down for such checks; Whereas, for the rest, the provisions concerning the public storage of skimmed-milk powder have proven satisfactory and, subject to certain technical adjustments, may therefore remain unchanged; Whereas the operative events for the agricultural conver- sion rate applicable to public storage arrangements are laid down by Commission Regulation (EEC) No 1756/ 93 ('3, as last amended by Regulation (EC) No 693/95 (*3; 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 1. Intervention agencies shall buy in only such skim- med-milk powder as meets the definition laid down in Article 7 (1) of Regulation (EEC) No 804/68 and the quality requirements laid down in Annex | hereto, and for which the following conditions have been fulfilled: (a) quality checks have been carried out in accordance with the analysis methods set out in Annexes I, V, VI and VII hereto on samples taken in accordance with the procedure set out in Annex IV hereto; () O] No L 268, 14. 1. 1992, p. 1. () OJ No L 368, 31. 12. 1994, p. 33. () OJ No L 224, 18. 8. 1990, p. 1. (") OJ No L 37, 15. 2. 1996, p. 9. (?) O] No L 161, 2. 7. 1993, p. 48. (¥ OJ No L 71, 31. 3. 1995, p. 52.