No L 50/12 Official Journal of the European Communities 23. 2. 91 COMMISSION REGULATION (EEC) No 426/91 of 22 February 1991 amendmg Regulation (EEC) No 625/78 on detailed rules of application for public storage of skimmed-milk powder 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 3641/90 (3, and in particular Articles 7 (5) and 28 thereof, Having regard to Council Regulation (EEC) No 3577/90 of 4 December 1990 on the transitional measures and adjustments required in the agricultural sector as a result of German unification (%), and in particular Article 3 thereof, Whereas the second subparagraph of Article 1 (1) of Council Regulation (EEC) No 1014/68 of 20 July 1968 laying down general rules for the public storage of skim- med-milk powder (*), as last amended by Regulation (EEC) No 3577/90, provides for the German intervention - agency to buy in first-quality skimmed-milk powder manufactured by the roller process to the end of the 1992/93 milk year ; whereas the quality criteria to be met ~ by this skimmed-milk powder should be determined and Annex I to Commission Regulation (EEC) No 625/78 (%), as last amended by Regulation (EEC) No 1364/90 (%), amended accordingly; whereas the provisions on the marking of bags contained in Annex III should be supplemented as a result; HAS ADOPTED THIS REGULATION : Whereas Article 1 (2) of Council' Regulation (EEC) No 777/87 of 16 March 1987 modifying the intervention arrangements for butter and skimmed-milk powder (), as amended by Regulation (EEC) No 3577/90, lays down that buying in. of skimmed-milk powder may be suspended when the quantities offered for intervention in the period 1 March to 31 August each year exceed 106 000 tonnes ; whereas, to ensure the correct applica- tion of these provisions, measures must be taken to guarantee that offers are genuine; whereas, therefore, it should be specified that an offer must relate to a product already manufactured and that the skimmed-milk powder must actually be delivered on pain of forfeiture of a security provided for the purpose; Whereas Article 2 (3) of Regulation (EEC) No 625/78 lays down the storage costs to be paid by the seller when the skimmed-milk powder does not fulfil the requirements laid down ; whereas these amounts should be brought into line with the costs used by the EAGGF for buying in and public storage operations ; Whereas Article 3 (2) of the above Regulation lays down inspection arrangements for approved production plants ; whereas Article II to the Regulation lays down the condi- tions which the packaging of skimmed-milk powder offered for intervention must fulfil ; whereas these provi- sions should be amended to take account of experience gained ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, Article 1 Regulation (EEC) No 625/78 is hereby amended as follows : 1. in Article 1 : (a) paragraph 1 (d) is replaced by the following: ‘(d) manufactured during a period of one month preceding the day of receipt of the offer of sale by the intervention agency or, in the case referred to in the second paragraph of Annex III (f), the four weeks preceding the week in which the offer is received.’; () OJ No L 148, 28. 6. 1968, p. 13. () OJ No L 362, 27. 12. 1990, p. S. () OJ No L 353, 17. 12. 1990, p. 23. () OJ No L 173, 22. 7. 1968, p. 4. () OJ No L 84, 31. 3. 1978, p. 19. (9 OJ No L 131, 23. 5. 1990, p. 11. () OJ No L 78, 20. 3. 1987, p. 10.