31972R1259

Official Journal of the European Communities • 559

No L 139 / 18 Official Journal of the European Communities 17.6.72

REGULATION (EEC ) No 1259/72 OF THE COMMISSION

of 16 June 1972

on the disposal of butter at a reduced price to certain Community processing undertakings

THE COMMISSION OF THE EUROPEAN COM­ Whereas the sale of butter at a reduced price to MUNITIES, certain Community processing undertakings constitutes such a measure; whereas, to ensure that all purchasers have equal access to the butter and to Having regard to the Treaty establishing the keep a check on the quantities disposed of, the European Economic Community ; standard tendering procedure should be followed ;

Having regard to Council Regulation (EEC) No Whereas a system of supervision should be set up to 804/68 1 of 27 June 1968 on the' common ensure that the butter is not diverted from its organization of the market in milk and milk destination ; whereas this supervision must operate products, as last amended by Regulation (EEC) No from the time the butter is removed from storage 1411 /71 ,2 and in particular Article 6 (7) thereof; until it is processed; whereas in addition to the lodging of a deposit, stock records at all stages of Having regard to Council Regulation (EEC) No marketing and the incorporation of an indicator in 9 85 /683 of 15 July 1968 laying down general rules for butter intended for processing may contribute to this intervention on the market in butter and cream, as end ; last amended by Regulation (EEC) No 1075 /71 ,4 and in particular Article 7a thereof; Whereas experience in the application of Commission Regulation (EEC) No 1390/696 of 18 July 1969 on Having regard to Council Regulation . (EEC) No the disposal of butter at a reduced price to certain 974/715 of 12 May 1971 on certain measures of Community processing undertakings, repealed by conjunctural policy to be taken in agriculture Regulation (EEC) No 2216/70,7 has shown that following the temporary widening of the margins of betasitosterol and certain products derived from fluctuation for the currencies of certain Member vanilla meet the requirements of the operation in States, and in particular Article 6 thereof; question ; whereas these products must be incorporated in establishments approved by the Whereas the situation on the Community butter relevant Member State so that the operation may be market is marked by large stocks following supervised on the spot; whereas however, intervention under Article 6 ( 1 ) of Regulation (EEC) incorporation is not necessary when, because of the No 804/68 ; quantities used, the processor to whom the butter is sold is subject to on-the-spot supervision by the Member State ; Whereas it will not be possible to dispose of these stocks of butter on normal terms during the present marketing year; whereas prolonged storage should be Whereas, as regards the compensatory amounts fixed avoided because of the high cost involved; whereas pursuant to Council Regulation (EEC) No 974/71 of measures should therefore be adopted to facilitate 12 May 1971 on certain measures of conjunctural disposal of the butter; economic policy to be taken in agriculture following the temporary widening of the margins of fluctuation

1 OJ No L 148 , 28.6.1968, p . 13 . 2 OJ No L 148, 3.7.1971 , p . 4. 3 OJ No L 169, 18.7.1968, p . 1 . 4 OJ No L 116, 28.5.1971 , p . 1 . 6 OJ No L 178 , 19.7.1969, p . 25 . 5 OJ No L 106, 12.5.1971 , p . 1 . 7 OINoL 240, 31.10.1970, p . 69

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for the currencies of certain Member States, account The time limit for the submission of tenders in should be taken of the value of the products response to subsequent individual invitations to concerned ; tender shall expire at 1200 hours on the second and fourth Tuesday of the month. If the Tuesday is a Whereas the measures provided for in this Regulation public holiday, the time limit shall be extended to are in accordance with the Opinion of the 1200 hours on the following working day. Management Committee for Milk and Milk Products ; Article 5

HAS ADOPTED THIS REGULATION : 1 . The intervention agency shall update and make available to interested parties on request the list Article 1 provided for in Article 3 ( 1 ) (b) of the quantities of butter for sale by tender in each cold storage depot. Butter bought in under Article 6 ( 1 ) of Regulation The intervention agency shall also publish a regular (EEC) No 804/68 and taken into storage before 1 up-to-date list in an appropriate form to be specified May 1972 shall be sold under the conditions in the notice of invitation to tender provided for in described hereinafter. Article 3 .

2. The intervention agency shall take the measures Article 2 necessary to enable interested parties to examine, at their own expense and before tendering, samples of the butter for sale. The butter shall be sold by means of a standing invitation to tender opened by each intervention agency for the quantities of butter in question held by it. Article 6

Article 3 1 . A tenderer may not take part in the invitation to tender unless he gives a written undertaking : 1 . The intervention agency shall issue a notice of ( a) to have all the butter awarded processed into invitation to tender indicating in particular : concentrated butter of a fat content of not less than 99-8% , in an establishment approved by the ( a) the location of the cold storage depot or depots Member State in whose territory the processing is where the butter is held; carried out; (b ) the quantities of butter for sale in each depot; (b) in the course of this processing and in the same ( c) the time limit and place for submission of establishment, to have incorporated per metric tenders . ton of concentrated butter, to the exclusion of all other products and in such a way as to ensure 2 . The notice of invitation to tender shall be uniform diffusion of the ingredients : published in the Official Journal of the European ( aa) either : Communities at least eight days before the first time limit for the submission of tenders . In addition, the — 250 g of 4 hydroxy-3 methoxyben­ intervention agency may publish notices elsewhere. zaldehyde obtained either from vanilla or from synthetic vanillin, and — 600 g of a compound containing at least Article 4 . 60% of betasitosterol, the remaining part consisting mainly of betasitosterol isomers, 1 . During the period of validity of the standing invitation to tender, the intervention agency shall ( bb ) or : issue individual invitations to tender. Each individual invitation to tender shall cover such part of the butter — 250 kg of refined granulated or specified in Article 1 as is still available. powdered sugar, and — 600 g of a compound containing at least 2. The time limit for the submission of tenders in 60% of betasitosterol, the remaining response to the first individual invitation to tender part consisting mainly of betasitosterol shall expire at 1200 hours on 11 July 1972. isomers .

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In the latter case the final product must have a 2 . The tender shall state : minimum fat content of 79-8% . ( a) the name and address of the tenderer;

Each Member State may decide that : ( b) the quantity to which the tender relates,

— only the product resulting from the (c) the price offered per metric ton, disregarding the incorporation specified under (aa), or price reduction provided for in the second subparagraph of Article 11 (2), exclusive of — only the product resulting from the internal taxes, ex-cold storage depot in which the incorporation specified under (bb), butter is held, expressed in the currency of the Member State in which the invitation to tender is shall be used in its territory. opened; Member States shall, at the time of entry into (d) the cold storage depot in which the butter is held. force of this Regulation, inform the Commission whether they intend to avail of this option and, if A tender relating to several storage depots shall be so, of the process chosen ; considered to comprise as many tenders as the cold storage depots mentioned. (c) to have the products referred to under (b) processed only into products falling within 3 . A tender shall not be valid unless it relates to at subheading No 19.08 of the Common Customs least 5 metric tons . Tariff and to have such processing carried out in the Community within 120 days of the day of However, if the quantity available in a storage depot removal from storage referred, to in Article is less than 5 metric tons, the available quantity shall 13 (2 ); constitute the minimum quantity for tender. (d) to keep stock records showing, for each delivery, 4. A tender shall not be valid unless : the names and addresses of purchasers of the product obtained as a result of the operations (a) it is accompanied by the written undertakings described under (a) and (b) and the referred to in Article 6 ( 1 ) and (2), corresponding quantities; ( b) the tenderer includes a declaration that he will (e) to lay down that, for any subsequent resale of forgo any claim regarding the quality and this product, the same requirements as those characteristics of any butter sold, referred to under (c) and (d) shall form part of the contract of sale. (c) proof is furnished, before the time limit for submission of tenders expires, that the tenderer has lodged a tendering deposit in respect of the 2 . However, any processor giving a written relevant individual invitation to tender. undertaking to process all the butter awarded into products falling within subheading No 19.08 of the 5 . A tender may stipulate that it shall not be Common Customs Tariff within 120 days of the day considered to have been submitted unless the of removal from storage referred to in Article 13 (2), contract is awarded in respect of the entire quantity and to use at least five metric tons of that butter for indicated in the tender. that purpose in one month, may take part in the invitation to tender without giving the undertakings A tender may stipulate that it shall not be considered provided for in paragraph 1 (a), (b) and (c). to have been submitted unless the contract is awarded in respect of a specific quantity indicated in In that case the Member State in whose territory the the tender. processing takes place shall carry out supervision on the premises throughout the operation in a manner 6. A tender may not be withdrawn. which it shall determine. The costs of that supervision shall be borne by the undertaking concerned . Article 8

1 . The tendering deposit shall be 10 units of Article 7 account per metric ton .

2. It shall be paid, according to the preference of 1 . Tenders shall be submitted either personally, in the Member State, either in the form of a cheque writing, against receipt, to the intervention agency, or addressed to the intervention agency, or in the form by registered letter addressed to the intervention of a guarantee meeting criteria laid down by the agency . Member State concerned .

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Article 9 Article 6 ( 1 ) (a), (b) and (c), the price shall be reduced by 10 units of account per 100 kg. 1 . In the light of the tenders received in response to each individual invitation to tender and in Article 12 accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68 , a minimum selling price shall be fixed or a decision shall be taken 1 . Before taking over each quantity, the successful not to proceed with the invitation to tender. tenderer shall lodge the processing deposit referred to in Article 9 (2). 2. At the same time as the minimum selling price is fixed and by the same procedure, the amount of the 2. The processing deposit shall be lodged in processing deposit shall be fixed to cover the accordance with Article 8 (2). difference between the market price of butter and the minimum price. Article 13

Article 10 1 . "When the payment provided for in Article 11 (2 ) has been made and the processing deposit 1 . The tender shall be rejected if the price offered referred to in Article 12 has been lodged, the is lower than the minimum price valid for the intervention agency shall issue a removal order individual invitation to tender in question. indicating :

( a) the quantity for which the conditions specified at 2. Without prejudice to paragraph 1 , the contract the beginning of this paragraph have been shall be awarded to the tenderer offering the highest satisfied; price. (b) the cold storage depot in which it is stored; If the quantity available in the storage depot in (c) the final date for taking over the butter. question is not exhausted by this award, the contract for the remaining quantity shall be awarded to the other tenderers according to the price offered , 2 . The successful tenderer shall take over the starting with the highest. butter awarded to him within thirty days of receiving the notification referred to in Article 11 ( 1 ). The butter may be taken over in stages. 3 . "Where acceptance of a tender would lead to the quantity of butter available at the cold storage depot in question being exceeded, the contract shall be Except in cases of force majeure, if the successful tenderer has not taken over the butter within the set awarded to the tenderer concerned only in respect of time limit the sale shall be cancelled as regards the the quantity available. remaining quantities . 4. Where acceptance of several tenders at the same price would lead to the quantity available being Article 14 exceeded, the contract shall be awarded by lot.

The butter shall be delivered by the intervention 5 . Rights and obligations arising out of the agency in packings bearing one or more of the invitation to tender shall not be transferable. following markings in letters at least 2 cm high:

Article 11 'Beurre destiné à la transformation (règlement (CEE) n0 1259 /72 )', 1 . Each tenderer shall immediately be informed by 'Zur Verarbeitung bestimmte Butter (Verordnung the intervention agency of the result of his ( EWG ) Nr. 1259/72 ', participation in an individual invitation to tender. 'Burro destinato alla trasformazione (regolamento 2. The successful tenderer shall, before taking over ( CEE) n . 1259 /72)', the butter, pay the intervention agency the amount corresponding to his tender for each quantity which 'Boter voor verwerking (Verordening (EEG) nr. he intends to remove from storage. 1259/72)',

However, in the case of successful tenderers who (Butter for processing (Regulation (EEC) No have undertaken to conform to the provisions of 1259/72 )).

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Article 15 the butter is concentrated or has added sugar and was obtained in accordance with that paragraph : From the time of its removal from store and until it is ' destiné à la transformation au titre de l'article 6 processed into products falling within heading No paragraphe 1 du règlement (CEE) n° 1259/72', 19.08 of the Common Customs Tariff, the butter shall be subject to customs or equivalent 'zur Verarbeitung gemäß Artikel 6 Absatz 1 der administrative control. Verordnung (EWG) Nr. 1259/72 bestimmt',

' destinato alla trasformazione a norma dell'arti­ colo 6 paragrafo 1 del regolamento ( CEE) n. Article 16 1259/72', 'bestemd voor verwerking overeenkomstig artikel 1 . "When products are processed and incorporated 6 lid 1 van Verordening (EEG) nr. 1259/72', in accordance with Article 6 ( 1 ) (a) and (b), the Member State on whose territory the operations take (for processing under Article 6 ( 1 ) of Regulation place shall carry out an on-the-spot supervision (EEC) No 1259/72); throughout these operations. (b) if the butter is intended for processing under the 2. If the operations referred to in Article 6 ( 1 ) (a) conditions referred to dn Article 6 (2) : and (b) and the processing referred to in (c) of that 'destiné à la transformation au titre de l'Article 6 paragraph are not carried out in the same place, the concentrated butter shall be put up in packages of paragraphe 2 du règlement (CEE) n0 1259/72', not less than 10 kg. 'zur Verarbeitung gemäß Artikel 6 Absatz 2 der Verordnung (EWG) Nr. 1259/72 bestimmt', The packages shall bear one or more of the following 'destinato alla trasformazione a norma dell'arti­ markings in letters at least 2 cm high : colo 6 paragrafo 2 del regolamento (CEE) n. 'Beurre concentré destiné à la transformation en 1259 /72', produits 19.08 TDC (règlement ( CEE) n° 1259/72)', 'bestemd voor verwerking overeenkomstig arti­ 'Zur Verarbeitung zu Erzeugnissen 19.08 GZT kel 6 lid 2 van Verordening (EEG) nr. 1259/72', bestimmtes Butterfett ( Verordnung (EWG) Nr. 1259/72)', (for processing under Article 6 (2) of Regulation (EEC) No 1259/72). 'Burro concentrato destinato alla trasformazione in prodotti 19.08 TDC (regolamento (CEE) n. 1259 /72)', Article 18 'Boterconcentraat bestemd voor verwerking tot 1 . Except in cases of force majeure, the tendering produkten 19.08 GDT (Verordening (EEG) nr. deposit shall be released only for the quantity: 1259/72)', . ( a) in respect of which the tenderer : (Concentrated butter for processing into 19.08 CCT products (Regulation (EEC) No 1259/72)). — has not withdrawn the tender before the award of the contract, and — has, within the set time limit, paid the Article 17 amount corresponding to the tender, provided for in Article 11 (2), and lodged the Where either the incorporation of the products processing deposit provided for in Article 12; referred to in Article 6 ( 1 ) (b) or the processing of butter, concentrated butter or concentrated butter (b) in respect of which the tender has not been with added sugar takes place in a Member State accepted. other than the selling Member State, the following rules shall be applied : 2. Except in cases of force majeure the processing deposit referred to in Article 12 shall be released only Sections 101 , 103 and 104 of the control copy for quantities in respect of which the successful provided for in Article 1 of Regulation (EEC) No tenderer has furnished to the competent authority 2315/69 shall be completed. Section 104 shall be proof that the conditions referred to in Article 6 have completed by deleting what does not apply and by been met. When the processing has been carried out adding one of the following phrases under the in a Member State other than the selling Member second indent : State, such proof may be furnished only by ( a) if the butter is intended for processing after the production of the control copy referred to in Article incorporation referred to in Article 6 ( 1), or if 17 .

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3 . The deposit shall be released immediately. • added sugar (subheading No 21.07 of the Common Customs Tariff), for the part consisting of butter, shall be equal to the compensatory amounts fixed Article 19 pursuant to Regulation (EEC) No 974/71 , multiplied by a coefficient of 0-3 . In cases of force majeure the intervention agency The Commission may, if necessary, alter this shall determine the measures necessary in view of the coefficient. circumstances invoked .

Article 21 Article 20 This Regulation shall enter into force on the third The compensatory amounts applicable to butter, day following its publication in the Official Journal concentrated butter and concentrated butter with of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 16 June 1972.

For the Commission

The President

S. L. MANSHOLT