31972R2561

Official Journal of the European Communities 61

No L 274/12 Official Journal of the European Communities 7. 12. 72

COMMISSION REGULATION (EEC) No 2561/72

of 6 December 1972

on the sale at a reduced price of intervention butter for direct consumption as concentrated butter

THE COMMISSION OF THE EUROPEAN State which considers itself in a position to lead it to COMMUNITIES, a successful conclusion ; whereas this measure should be limited to quantities which could normally be Having regard to the Treaty establishing the disposed of for direct consumption during the period European Economic Community, in question ;

Whereas, if this operation were confined to butter in Having regard to Council Regulation (EEC) No 804/ public storage, it would make it difficult to run down 68 of 27 June 1968 on the common organization of stocks in private storage ; whereas, therefore, butter the market in milk and milk products (*), as last which has been the subject of a storage contract amended by Regulation (EEC) No 1411/71 (2), and under Article 9 (2) of Regulation (EEC) No 985/68 in particular Articles 6 (7) and 28 thereof, should be placed on .the market once more as part of this operation ; Having regard to Council Regulation (EEC) No 985/ 68 of 15 July 1968 laying down general rules for Whereas the amount of the reduction in the sale intervention on the market in butter and cream (3), price of butter or the amount of aid must be such as last amended by Regulation (EEC) No 1075/71 (4), as to permit an increase in butter consumption ; and in particular Article 7a thereof, whereas provision should be made for the price reduction to be reflected down to the retail stage ; Whereas the situation on the Community butter market is marked by stocks built up following Whereas butter sold under this Regulation should intervention under Article 6 ( 1 ) and (2) of Regulation be clearly distinguished from other butter at all ( EEC) No 804/68 ; marketing stages ; whereas to that end, rules should be laid down concerning composition, the possibility Whereas it will not be possible to dispose of these of distinguishing the concentrated butter from other stocks on normal terms during the present marketing butters and the packing of the concentrated butter year ; whereas prolonged storage should be avoided in small packets ; whereas, to ensure the smooth in view of the high cost involved ; whereas steps functioning of the operation a time limit should be should therefore be taken to facilitate disposal of set for packing; this butter ; Whereas a system of supervision should be set up to ensure that the butter is not diverted from its Whereas eating habits in certain Member States make destination ; whereas the provisions to that effect it possible to sell butter at - a reduced price for direct consumption as concentrated butter ; whereas contained in Commission Regulation (EEC) No 1259/72 of 16 June 1972 on the disposal of experience has shown however that a disadvantage butter at reduced prices to certain Community of such an operation is that butter may be diverted processing undertakings (5) should be taken over ; from its destination and lead to market disturbances ; whereas provision should therefore be made for this Whereas the value of the concentrated butter should measure to be taken at the request of any Member be taken into account in connection with the compensatory amounts fixed pursuant to Regulation (») OJ No L 148, 28. 6. 1968, p . 13 . (EEC) No 974/71 ; (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 . (5) OJ No L 139, 17. 6. 1972, p . 18 .

62 Official Journal of the European Communities

Whereas the measures provided for in this Regulation The intervention agency shall without delay issue an are in accordance with the opinion of the acknowledgement of receipt. Management Committee for Milk and Milk Products,

Article 4 HAS ADOPTED THIS REGULATION : 1 . The butter must be concentrated and put up, in accordance with Article 5 , in the Member State Article 1 in which it was removed from storage, hereinafter called 'the Member State of removal from storage'. Member States may, at their request, be authorized : 2 . These operations must be carried out in an (a) to sell at a reduced price butter bought in under establishment approved for that purpose by the Article 6 ( 1 ) of Regulation (EEC) No 804/68 and Member State . put into storage before a date to be determined ; (b) to grant aid for butter which during the 1972/73 3 . Packing must take place within a maximum period of four weeks following the day : marketing year was the subject of a storage contract under Article 8 (2) of Regulation (EEC) — on which the butter was taken over in accordance No 985/68 , with Article 2 (3 ), in the case of butter covered by Article 1 ( a); to ensure the disposal for direct consumption in the Community, in the form of concentrated butter, of — on which the person concerned received the a quantity of this butter still to be specified. acknowledgement of receipt required under Article 3 (2), in the case of butter covered by Article 1 (b ). Article 2 Article S 1 . Butter covered by Article 1 ( a) shall be sold ex-cold-storage-depot at 76 units of account per 1 . Concentrated butter must : 100 kilogrammes . — contain at least 95% butyric fats : 2 . It shall be sold in Jots of not less than five metric tons . — have been the subject of the incorporation provided for in paragraph 2 ; 3 . It shall be taken over not later than 12 days — be marketed in slabs of not more than 250 after the day on which the the contract of sale is grammes, wrapped in paper bearing on the upper concluded . surface one or more of the following in letters at least 5 mm high : Before taking it over, the purchaser shall : — pay the purchase price of the butter ; 'Beurre concentre pour la cuisine', 'Butterreinfett', — give a processing security of 110 units of account per 100 kg. 'Burro concentrato da cucina', 'Braadboter' or 'Boterconcentraat voor keukenge­ Except in cases of force majeure, if the buyer has bruik'. not taken delivery of the butter within the specified time limit, the sale shall be cancelled in respect of ( Concentrated butter for cooking). the remaining quantities . 2. During rendering the following shall be incor­ porated per 100 kg of butter : Article 3 either : 1 . Butter covered by Article 1 (b ) shall benefit from — 2 kg of Ci6 and/or Cis fatty acid monoglycerides an aid of 110 units of account per 100 kg. at least 90% pure calculated in monoglycerides on the product ready for incorporation, 2. The person who concluded the storage contract or shall inform the intervention agency with which he concluded the contract of the quantities of butter — 1 kg of pelargonic acid triglycerides (triglycerides he proposes to remove from storage and shall specify of n—nonanoic acid) at least 95% pure calculated its characteristics in the manner determined by the in triglycerides on the product ready for incor­ intervention agency. poration .

Official Journal of the European Communities 63

The competent agency shall ensure that the quality 'Beurre concentré pour la cuisine (règlement (CEE) and characteristics, in particular the degree of purity, n0 2561/72', of the products to be incorporated into the rendered 'Butterreinfett ( Verordnung (EWG ) Nr. 2561 /72)', butter have been observed. 'Burro concentrato (regolamento ( CEE) n . 2561/72',

Article6¶

'Boterconcentraat voor keukengebruik (Verordening 1 . Holders of the butter or concentrated butter shall (EEG) nr. 2561 /72)'. keep stock records setting out in respect of each delivery the name and address of purchasers of the ( Concentrated butter for cooking (Regulation (EEC) butter or the concentrated butter and the quantity No 2561 /72 )). purchased.

2. If the butter is resold, the requirements imposed Article 8 as regards processing, putting up and use shall be incorporated in the contract of sale. 1 . From the time of its removal from storage and until it is processed into concentrated butter, the Such contract shall be made in writing and shall butter shall be subject to customs or equivalent specify that the purchaser is aware of the penalties administrative control . imposed by the relevant Member State in respect of breaches of the aforesaid obligations. 2 . During the processing and packing specified in Article 5 , the Member State concerned shall carry 3 . At the retail stage a record of quantities purchased out an on-the-spot inspection throughout the whole shall suffice. operation .

3 . When the inspection has been carried out, the Article 7 agency in question shall issue a certificate if it establishes that : 1 . The butter covered by Article 1 shall remain in its original packing until it is processed into — the conditions of processing and putting up, and concentrated butter. — where the concentrated butter is to be consumed in the Member State, of removal from storage, It shall be accompanied by a list of the packages enabling the butter to be identified and specifying the conditions laid down in Article 6, have been met. the date of removal from storage.

2. Packages containing butter removed from storage Article 9 shall bear one or more of the following in letters at 'least 2 cm high : Where the concentrated butter is dispatched to a 'Beurre destiné à être transformé en beurre Member State other than the Member State of concentré ( règlement ( CEE) n° 2561/72', removal from storage, sections 101 , 103 and 104 of the control copy provided for in Article 1 of 'Butter zur Verarbeitung zu Butterreinfett (Verord­ Regulation (EEC) No 2315/69 shall be completed. nung (EWG ) Nr. 2561/72', Section 104 shall be completed by deleting what 'Burro destinato ad essere trasformato in burro does not apply and by adding one of the following concentrato ( regolamento ( CEE) n . 2561 /72 )', phrases under the second indent :

'Boter bestemd voor verwerking tot braadboter 'Beurre concentré à prix réduit pour la consomma­ ( Verordening (EEG ) nr. 2561/72 )' or tion directe (règlement ( CEE) n° 2561/72)', 'Boter bestemd voor verwerking tot boterconcentraat 'Butterreinfett zu verbilligtem Preis für den unmittel­ voor keukengebruik (Verordening (EEG) baren Verbrauch (Verordnung (EWG) Nr. 2561/72)', nr . 2561 /72)'. Burro concentrato a prezzo ridotto per il consumo (Butter for processing into concentrated butter diretto (regolamento (CEE) n. 2561/72)', (Regulation (EEC) No 2561/72)). 'Boterconcentraat tegen verlaagde prijs voor recht­ streeks verbruik (Verordening (EEG) nr. 2561/72)'. 3 . The concentrated butter put up in slabs shall be delivered and remain until the retail stage in (Reduced-price concentrated butter for direct packings bearing one or more of the following : consumption (Regulation (EEC ) No 2561 /72)).

64 Official Journal of the European Communities

Article10¶

1 . The processing security provided for in the second Member States shall inform the Commission on indent of Article 2 (3 ) shall, at the discretion of the Tuesday of each week of : Member State, be given in the form of a cheque made out to the intervention agency, or in the form — the quantities of butter covered by Article 1 '(a) of a guarantee meeting criteria laid down by the which have been the subject of contracts of sale; Member State concerned. — the quantities of butter covered by Article 1 (b) in respect of which the Member State has issued 2. Except in cases of force majeure, the security acknowledgements of receipt. shall be released only for quantities in respect of with the certificate provided for in Article 8 (3 ) or, which the purchaser furnishes the competent agency in the case covered by Article 9, this certificate Article 14 together with the control copy. The compensatory amounts applicable to 3 . The security shall be released immediately. concentrated butter shall be equal to those fixed pursuant to Regulation (EEC) No 974/71, multiplied by 0-4. Article 11 Where necessary, the Commission may alter this The aid referred to in Article 3 ( 1 ) shall be paid coefficient. to the person who concluded the storage contract only on production of the documents referred to in Article 10 (2 ). Article 15

Article 12 1 . This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. The Member States shall take ail necessary steps to ensure that the incidence of the price reduction or aid is felt at the retail stage. 2. It shall apply until 31 March 1973 .

From that date : To this end, Member States shall fix a maximum retail price for concentrated butter which shall be — no further butter shall be taken over under indicated on the packing of the slabs together with Article 1 ( a); the phase referred to in Article 5 ( 1 ). However, Member States may in place of this obligation adopt — no further acknowledgements of receipt shall be other administrative provisions having equivalent issued by intervention agencies for the butter effect. covered by Article 1 (b ).

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

Done at Brussels, 6 December 1972 .

For the Commission

The President S. L. MANSHOLT