31972R2474

117 Official Journal of the European Communities

28.1 1.72 Official Journal of the European Communities No L 267/ 13

REGULATION (EEC) No 2474/^72 OF THE COMMISSION of 27 November 1972 on the sale at a reduced price of intervention butter for direct consumption in the Community

THE COMMISSION OF THE EUROPEAN COMMUNI­ Whereas butter sold under this Regulation should be TIES , clearly distinguished from other butter at all marketing stages ; whereas , to this end, provision should be made Having regard to the Treaty establishing the European requiring the butter to be put up in small packets ; where­ Economic Community ; as a time limit for packing should be fixed to ensure that the operation proceeds smoothly ; Having regard to Council Regulation (EEC) No 804/68 1 of 27 June 1968 on the common organization of the Whereas a system of supervision should be set up to en­ market in milk and milk products , as last amended by sure that the butter is not diverted from its destination ; Regulation (EEC) No 1411/71 2, and particular Articles whereas the keeping of stock records at all marketing 6(7) and 28 thereof; stages , the giying of a security and, in the case of butter from private storage, the condition that aid shall be paid Having regard to Council Regulation (EEC) No 985/68 3 only if certain requirements are met would contribute to of 15 July 1968 laying down general rules for interven­ this end ; whereas , in the case of butter sold for consump­ tion on the market in butter and cream , as last amended tion in a Member State other than that in which it was by Regulation (EEC) No 1075/ 7 1 4, and in particular stored, use should be made of the control copy provided Article 7a thereof; for in Commission Regulation (EEC) No 2315/69 5 of 19 November 1969 on the use of Community transit Whereas the situation on the Community butter market documents for the purpose of applying Community is marked by large stocks built up following intervention measures for verifying the use and/or destination of under Article 6(1 ) and (2) of Regulation (EEC) No 804/ goods ; 68 ; Whereas certain details should be communicated to the Whereas it will not be possible to dispose of these stocks Commission at regular intervals to enable it to follow the of butter on normal terms during the present marketing progress of the operation ; year ; whereas prolonged storage should be avoided in view of the high cost involved ; whereas steps should Whereas the measures provided for in this Regulation therefore be taken to facilitate disposal of this butter; are in accordance with the Opinion of the Management Committee for Milk and Milk Products , Whereas the butter could be disposed of by selling it at a reduced price for direct consumption ; whereas , if this HAS ADOPTED THIS REGULATION : operation were confined to butter in public storage, it would make it difficult to run down stocks in private Article 1 storage ; whereas , therefore butter which has been the Under the conditions laid down in this Regulation : subject of storage contracts under Article 9(2) of Regula­ (a) intervention agencies shall sell to any interested tion ( EEC) No 985/68 should be placed on the market once more as part of this operation ; party butter bought in under Article 6(1 ) of Regula­ tion (EEC) No 804/68 and put into storage during the month of June 1972 ; Whereas the amount of the reduction in the selling price of the butter or the amount of the aid should be such as (b) butter which during the 1972/ 73 marketing year was to ensure that additional quantities are disposed of; the subject of a storage contract under Article 8(2) of Regulation (EEC) No 985/68 may be removed from storage .

1 OJ NoL 148,28.6 . 1968, p. 13 . 2 OJ NoL 148, 3.7.1971 , p. 4 . 3 OJ NoL 169 , 18.7.1968 , p . 1 . 4 OJ NoL 116, 28.5.1971 , p. 1 . 5 OJ NoL 295 , 24.1 1.1969 , p. 14.

118 Official Journal of the European Communities

A rticle 2 Article } 1 . Butter covered by Article 1(a) shall be sold 1 . The butter shall remain in its original packing until it ex-cold-storage-depot at 163 u.a./ lOO kg . is put up in small packets .

2 . It shall be sold in lots of not less than five metric tons . It shall be accompanied by a list of the packages enabl­ ing the butter to be identified and specifying the date of removal from storage. 3 . It shall be taken over not later than 12 days after the contract of sale is concluded. 2 . Packages containing loose butter or butter in small packets shall bear one or more of the following in letters Before taking it over, the purchaser shall : at least 2 cm high : - pay the purchase price of the butter ; and - ' Butter zu herabgesetzten Preisen (Verordnung (EWG) Nr. 2474/72)' - give a packing security of 23 u.a./ lOO kg. - 'Beurre a prix réduit (règlement (CEE) no 2474/72)' Except in cases offorce majeure, if the purchaser has not - ' Burro a prezzo ridotto ( regolamento (CEE) n . , 2474/ taken over the butter within the time limit specified, the 72)' sale shall be cancelled in respect of the remaining quanti­ ties . x - ' Boter tegen verlaagde prijs (Verordening (EEG) nr. 2474/72)' Articles (Reduced price butter (Regulation (EEC) No 2474/ 1 . Butter covered by Article 1(b) shall qualify for an aid 72)). of 23 u.a./ lOO kg. Articled 2 . The person who concluded the storage contract shall 1 . If the butter- is resold, the requirements imposed as inform the intervention agency with which he concluded regards packing and use shall be incorporated in the con­ the contract of the quantities of butter he proposes to tract of sale. Such contract shall be made in writing and remove from storage and shall specifiy its characteristics shall specify that the purchaser is aware of the penalties in the manner determined by the intervention agency . imposed by the relevant Member State in respect of breaches of the aforesaid obligations . The agency shall without delay issue an acknowledge­ ment of receipt . 2 . Holders of butter shall keep stock records setting out in respect of each delivery the name and address of the purchaser and the quantity purchased. Article 4 1 . The butter shall be used exclusively for direct con­ 3 . However, at the retail stage a record of quantities sumption, unprocessed, in the Community . purchased shall suffice.

Article 7 2 . The butter shall be marketed in packets weighing not more than 500 g, bearing on the upper surface one or Where the butter is marketed in the Member State in more of the following in letters at least 5 mm high : which it was stored, hereinafter referred to as the 'Member State of storage', the intervention agency shall - ' Molkereibutter aus Beständen der Interventionsstelle' upon receipt of proof that the butter has been packed in - ' Beurre d intervention accordance with Article 4 and that the obligations im­ posed by Article 6 have been discharged, issue a certifi­ - ' Burro di ammasso comunitario cate to that effect . - 'Koelhuisboter' or ' Interventieboter' Articles (Intervention butter). Where the butter is dispatched to a Member State other However, Member States may fix the maximum weight than that in which the butter was stored, the following at 250 g . rules shall apply : 1 . The butter shall be packed either in the Member 3 . The butter shall be packed at an establishment ap­ State of storage or in the Member State in which the proved for the purpose by the relevant Member State butter is marketed . within four weeks following the day on which : 2. Sections 101 , 103 and 104 of the control copy - the butter was taken over, in the case of butter covered provided for in Article 1 of Regulation (EEC) No by Article 1 (a); 2315/69 shall be completed. Section 104 shall be - the person concerned received the acknowledgement completed by deleting what does not apply and by of receipt required under Article 3 (2), in the case of adding one of the following phrases under the second butter covered by Article 1 (b). indent :

Official Journal of the European Communities 119

(a) for butter packed in the Member State of storage : provided for in Article 7 cr the control copy specified in Article 8 as the case may be.

- Butter zu herabgesetzten Preisen für den di­ 3 . The security shall be released immediately . rekten Verbrauch (Verordnung (EWG) Nr. 2474/ 72)T Article 10 - ' Beurre à prix réduit pour la consommation The aid provided for .in Article 3(1 ) shall be paid to the directe (règlement (CEE) no. 2474/72)' person who concluded the storage contract only on pro­ - Burro a prezzo ridotto per il consumo diretto duction of the certificate provided for in Article 7 or of (regolamento (CEE) nr. 2474/72)' the control copy referred to in Article 8 and in respect of - Boter regen verlaagde prijs voor onmiddellijk the quantities specified in such certificate or copy . verbruik (Verordening (EEG) nr. 2474/72)' Article 11 (Reduced-price butter for direct consumption The Member States shall take all necessary steps to en­ (Regulation (EEC) No 2474/72), sure that the incidence of the price reduction or aid is felt (b) for butter not packed in the Member State of at the retail stage. To this end, Member States shall fix a storage : maximum retail price which shall be indicated on the - Butter zur besonderen Abpackung für den packing of the butter along with the inscription provided direkten Verbrauch (Verordnung (EWG) Nr. for in Article 4. However, Member States may in place 2474/72)' of this obligation adopt other administrative provisions having equivalent effect . - ' Beurre destine a un conditionnement particu­ lier pour la consommation directe (règlement Article 12 (CEE) no. 2474/72)' Member States shall inform the Commission on Tuesday - Burro destinato a un condizionamento parti­ of each week.: colare per il consumo diretto (regolamento (CEE) n. 2474/72)' - of the quantities of butter covered by Article 1 (a) which have been the subject of contracts of sale ; - Boter bestemd voor een bijzondere verpak­ king voor onmiddellijk verbruik (Verordening - of the quantities of butter covered by Article 1 (b) in (EEG) nr. 2474/72' respect of which the Member State has issued ac­ knowledgements of receipt . ( Butter to be specially packed for direct con­ sumption (Regulation (EEC) No 2474/ 72)). Article 13 1 . This Regulation shall enter into force on the day fol­ lowing its publication in the Official Journal of the Euro­ Articled pean Communities. 1 . The packing security provided for in the second in­ dent of Article 2 ( 3) shall , at the discretion of the Mem­ 2. It shall remain applicable until 3 1 March 1973 . ber State, be given either in the form of a cheque made out to the intervention agency or in the form of a guar­ After that date : antee meeting criteria laid down by the Member State - no further butter shall be taken over under Article 1 concerned. (a); 2. Except in case offorce majeure, the security shall be - no further acknowledgements of receipt shall be is­ released only for quantities in respect of which the pur­ sued by intervention agencies for butter covered by chaser furnishes to the competent agency the certificate Article 1 (b).

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

Done at Brussels , 27 November 1972 .

For the Commission

The President S. L. MANSHOLT