14. 3. 87 Official Journal of the European Communities No L 71/11 COMMISSION REGULATION (EEC) No 727/87 of 13 March 1987 on a special sale of skimmed-milk powder from public stocks for export 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 Regula- tion (EEC) No 231/87 (3, and in particular Article 7 (5) thereof, Whereas Councl 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 Regulation (EEC) No 1272/79 (%), set rules for the return to the market of skimmed-milk powder held by intervention agencies ; whereas, given the present situation on the markets and the peresent public stock level, it should be made possible for poweder to be sold for export that has been held in intervention stock for at least six months ; Whereas this skimmed-milk powder from public stocks should be made available to operators at a reduced price ; whereas action should be taken to prevent the skimmed- milk powder sold under this Regulation from being released for free circulation the Community ; Whereas the Management Committee for Milk and Milk Products has not given an opinion within the time limit set by its Chairman, HAS ADOPTED THIS REGULATION : Article 1 [ 1. Skimmed-milk powder bought in as provided for in Article 7 (1) of Regulation (EEC) No 804/68 that is at least six months old on the date when the contract is signed shall be sold on the terms set out in this Regula- tion. Intervention agencies may, however, if they have concluded a contract and, due to exceptional circum- stances, such powder is no longer available in sufficient () OJ No L 148, 28. 6. 1968, p. 13. () O No L 25, 28. 1. 1987, p. 3. () OJ No L 173, 22. 7. 1968, p. 4. () OJ No L 161, 29. 6. 1979, p. 13. quantity, sell skimmed-milk powder brought in as provided for in Article 7 (1) of Regulation (EEC) No 804/68 that is at least six months old on the day of removal specified in Article 4 (2). 2. Skimmed-milk powder sold under this Regulation shall be exported as it is or after being put up in fresh packaging. Article 2 1. The skimmed-milk powder shall be sold ex-warehouse at a price equal to the buying-in price applied by the intervention agency on the day of conclu- sion of the sales contract minus 3 ECU per 100 kilo- grams. 2. It shall be sold in quantities of not less than 100 tonnes. On the day of conclusion of the contract at the latest the purchaser shall lodge with the intervention agency a security covering: — diséharge of the primary requirement of payment of the price for the quantities removed, within the time limit set in Article 4 (3) or (4), — discharge of the subordinate requirement of removal of the skimmed-milk powder within the time limit set in Article 4 (2). "The security shall be equal to the price specified in para- graph 1 plus 3 ECU per 100 kilograms. Article 3 1. Intervention agencies shall keep up to date and make available to interested parties on their request lists of the warehouses in which the skimmed-milk powder for sale is held and the quantities available. 2. Intervention agencies shall make provision to allow interested parties to examine, at their own cost, before conclusion of the sales contract, samples taken from the skimmed-milk powder put up for sale. 3. Purchasers shall waive all right of complaint concer- ning the quality and characteristics of the skimmed-milk powder sold.