31972R2815

5 Official Journal of the European Communities

30.12.72 Official Journal of the European Communities No L 297/3

REGULATION (EEC) No 2815/72 OF THE COMMISSION

of 22 December 1972

amending Regulation (EEC) No 1259/72 on the disposal of butter at a reduced price to certain Community processing undertakings

THE COMMISSION OF THE EUROPEAN COM­ supervision; whereas the formula must there­ MUNITIES, fore be made more precise, and use must be given a period of adjustment;

Having regard to the Treaty establishing the Whereas , moreover, the second indent of European Economic Community; Article 6 (2) (c) provides, as one of the final destinations of the butter sold , for its processing Having regard tc Council Regulation (EEC) into edible ices falling within subheadings No 804/681 of 27 June 1968 on the common ex 18.06 B , ex 21.07 C of the Common Customs organisation of the market in milk and milk Tariff, of a milkfat content of less than 15% ; products , as last amended by Regulation (EEC) whereas it has been found that in certain No 1411/71 ,2 anc in particular Articles 6 (7) Community industries this content may be and 28 thereof; higher; whereas this should be borne in mind when the products are defined; Having regard tc Council Regulation (EEC) No 985/683 of 15 July 1968 laying down Whereas Article 6 (2) should be amended in line general rules for intervention on the market in with the list of products in Article 6 ( 1 ) (c); butter and cream, as last amended by Regula­ whereas, moreover, the Italian text needs tion (EEC) No 1075/71 ,4 and in particular rectifying as regards the reference to sub­ Article 7 (a) therecf; heading ex 18.06, which must be replaced by Whereas several amendments must be made to ex 18.06 D , in Article 6 (2) (c), and as regards the endorsement on the control copy, provided Commission Regulation (EEC) No 1259/725 of for in Article 17; 16 June 1972 on the disposal of butter at a reduced price to certain Community processing Whereas , pursuant to Article 16 (2), concen­ undertakings, as last amended by Regulation trated butter containing an indicator must be (EEC) No 2161 /726 ; whereas , since several packed in special packings if transported before amendments have already been made, the being processed into one of the prescribed operative part of the Regulation should for the sake of clarity be redrafted; products; whereas certain processers may trans­ port such butter in tanks or containers ; whereas provisions must be adopted in respect Whereas Article 6 ( 1 ) (b) of that Regulation of this form of transport; provides for the use of a compound containing at least 60% of beta sitosterol for denaturing; whereas the formula at present prescribed in Whereas, in order not to limit the scope of the respect of the compound has caused the operation, Member States should be free to provisions to be interpreted in a number of make provision for less onerous proof of the different ways and has led to the use of certain use of butter sold, which proof is dealt with products which do not permit of adequate in Article 18 (2), in cases where users buy small quantities of butter containing an indi­ cator; 1 OJ No L 148, 28.6.1968, p. 13 . 2 OJ No L 148, 3.7.1971 , p. 4. Whereas the measures provided for in this 3 OJ No L 169, 18.7.1968, p. 1 . Regulation are in accordance with the Opinion 4 OJ No L 116 , 28.5.1971 , p. 1 . 5 OJ No L 139, 17.6.1972, p . 18. of the Management Committee for Milk and 6 OJ No L 231 , 11.10.1972, p. 12. Milk Products ;

6 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : Article 5

1 . The intervention agency shall keep up Article 1 to date and make available on request to the persons concerned the list of refrigerated The Articles of Regulation (EEC) No 1259/72 warehouses holding butter put up for tender, are replaced by the following: together with the corresponding quantities , referred to in Article 3 ( 1 ) ( b). In addition 'Article 1 the intervention agency shall publish regu­ Butter purchased in accordance with larly an up-to-date version of the list in some Article 6 ( 1 ) of Regulation (EEC) No 804/68 appropriate form which it shall indicate in the notice of tender referred to in Article 3 . and entered into stock before 1 May 1972 shall be sold under the conditions described 2 . The intervention agency shall adopt hereinafter . the necessary provisions to enable the persons concerned to examine at their own Article 2 expense, before tendering, samples of the The butter shall be sold by means of the butter put up for sale. standing tendering procedure held by each of the intervention agencies for the quantities Article 6 of butter concerned which it is holding. 1 . The tenderer may not take part in Article 3 the invitation to tender unless he gives an undertaking in writing: 1 . The intervention agency shall issue a notice of tender indicating in particular : (a) to have all the butter awarded processed into concentrated butter with a minimum ( a) the location of the refrigerated ware­ house or warehouses in which the butter fat content of 99*8% , in an establishment is held ; approved by the Member State in whose territory the processing is carried out; ( b) the quantities of butter put up for sale in each of the warehouses ; (b) in the course of this processing and in the same establishment to have incor­ (c) the time limit and address for submission of offers . porated per metric ton of concentrated butter, to the exclusion of all other 2 . The notice of tender shall be published products and in such a way as to ensure in the Official Journal of the European­ homogenous diffusion of the consti­ Communities at least eight days before expiry tuents : of the first time limit for the submission (aa) either: of offers . In addition, the intervention agency may issue further notices . — 250 g of the product 4 hydroxy-3 methoxybenzaldehyde coming Article 4 either from vanilla or from synthetic vanillin, and 1 . During the period of validity of the — 600 g of a compound containing standing invitation to tender, the interven­ at least 80% of sitosterol tion agency shall issue individual invitations to tender . Each individual invitation to ( C29H50O = A-5-stigmastene-3­ tender shall concern the butter referred to £-ol), the remaining part not to in Article 1 which is still available . contain measurable quantities of stigmasterol ; 2 . As regards the first individual invita­ (bb) or: tion to tender, the time limit for submission of tenders shall expire at 12 noon on — 20 g of ethyl ester of beta-apo­ 11 July 1972. 8'-carotenic acid, in the form of a compound soluble in butyric As regards following individual invitations fat, to tender, the time limit for submission of and offers shall expire at 12 noon each second and fourth Tuesday of the month. If the — 600 g of a compound containing Tuesday is a holiday the time limit shall be at least 80% of sitosterol extended to the next following working day (C29H50O = A-5-stigmastene-3­ at 12 noon . /?-ol), the remaining part not to

Official Journal of the European Communities 7

contain measurable quantities of four months from the day of removal stigmasterol; from storage referred to in Article 13 (2);

(cc) or: (d) to keep stock accounts showing, for each delivery, the names and addresses of — 250 g of refined granulated or purchasers of the product obtained as powdered sugar, a result of the operations described under and (a) and (b) and the corresponding — 600 g of a compound containing quantities; 2.t least 80% of betasitosterol, (e) to lay down that for any subsequent resale (C29H50O = A-5-stigmastene-3­ of this product, the same requirements £-ol), the remaining part not to as those referred to under (c) and (d) contain measurable quantities of shall form part of the contract of sale. stigmasterol. In the latter case, the final 2 . However, any undertaking which gives product must have a minimum a written undertaking to process within fat content of 79-8% . four months from the day of removal from storage referred to in Article 13 (2) all the The competent intervention agency shall butter awarded into products falling within make suie that the quality and character­ any of the three indents in paragraph 1 (c) istics , in particular the degree of purity, and to use at least five metric tons of that of the products to be incorporated in the butter for that purpose in one month, may butter hc.ve been observed . take part in the invitation to tender without Each Member State may decide that only giving the undertakings provided for in one or two of the following products paragraph 1 (a), ( b) and (c). shall be used in its territory: In such case the Member State on whose — the product resulting from the incor­ territory the processing takes place shall poration specified under (aa), carry out supervision on the premises throughout the whole period of the oper­ — the product resulting from the incor­ ation in a manner to be determined by it. poration specified under (bb), The costs of such supervision shall be borne — the product resulting from the incor­ by the undertaking concerned. poration specified under (cc). Article 7 The Member States shall, as soon as they avail themselves of the option provided 1 . The persons concerned shall take part for in the preceding subparagraph, in the individual invitation to tender either inform the Commission of the process by making a tender in writing, against a they havs chosen. receipt, with the intervention agency, or by registered letter addressed to the interven­ (c) to have the products referred to under tion agency. The intervention agency may (b) processed only into : authorise the use of telex.

— products falling within heading No 2 . The tender shall indicate : 19.08 of the Common Customs Tariff, or (a) the name and address of the tenderer;

— edible ices falling within subheadings ( b) the quantity to which the tender relates; Nos ex 18.06 B and ex 21.07 C of the (c) the price offered per metric tons , without Common Customs Tariff, of a milk­ taking account of the price reduction fat content of less than 20% , or referred to in the second subparagraph — powcer for the preparation of edible of Article 11 (2), exclusive of internal ices 1 ailing within subheadings Nos taxes ; ex refrigerated warehouse in which ex 18.06 D or ex 21.07 F of the the butter is held, expressed in the Common Customs Tariff, of a milk­ currency of the Member State in which fat content of less than 32% and the invitation to tender is held; suitable for consumption without any treatment other than the addition of (d) the refrigerated warehouse in which the butter is held. water and refrigeration.

Processing into the products listed above A tender relating to several warehouses shall shall tak ^ place in the Community within be considered as comprising the same

8 Official Journal of the European Communities

number of tenders as refrigerated warehouses procedure, the amount of security required to which it relates . under Article 12 shall be fixed in the light of the difference between the market price 3 . A tender shall not be valid unless it of butter and the minimum price. concerns a quantity of at least five metric tons . Article 10 However, if the quantity available in a warehouse is less than five metric tons, the 1 . The tender shall be rejected if the quantity available shall constitute the mini­ proposed price is lower than the minimum mum quantity for tender. price valid for the individual invitation to tender concerned . 4 . A tender shall not be valid unless : 2 . Subject to the provisions of para­ (a) it is accompanied by the written under­ graph 1 , the successful tenderer shall be the takings referred to in Article 6 ( 1) and, one offering the highest price . where appropriate, in Article 6 (2); If the quantity available in the warehouse ( b) the tenderer shall include a declaration concerned is not exhausted by this award, stating that he waives all claims relating the tender for the remaining quantity shall to the quality and characteristics of any be awarded to the other tenderers according butter sold; to the price offered, starting with the highest. (c) proof is furnished that before expiry of the time limit for submission of tenders 3 . In cases where consideration of an the tenderer has lodged tendering security offer would lead to the quantity of butter in respect of the individual invitation to available at the warehouse concerned being tender concerned . exceeded, the tender shall be awarded to the tenderer concerned only in respect of that 5 . A tender may state that it shall not be quantity. considered as having been submitted unless the award of tender relates to the entire 4 . In cases where consideration of several quantity covered by the tender. tenders of the same price would result in the quantity available being exceeded, the tender A tender may state that it shall not be shall be awarded by drawing lots . considered as having been submitted unless the award of tender relates to a specific 5 . Rights and obligations arising out of the invitation to tender shall not be trans­ quantity covered by the tender. ferable . 6 . A tender may not be withdrawn.

Article 11 Article 8 1 . Each tenderer shall immediately be 1 . The tendering security shall be for the informed by the intervention agency of amount of 10 u.a. per metric ton. the result of his participation in an individual invitation to tender. 2 . It shall be given, as the Member State shall decide, either in the form of a 2 . Before removing the butter from store, cheque drawn in favour of the intervention the successful tenderer shall pay the interven­ agency, or in the form of a guarantee tion agency the amount corresponding to meeting the criteria fixed by the Member his tender for each quantity which he intends State concerned . to withdraw.

However, in the case of successful tenderers Article 9 who have undertaken to comply with the provisions of Article 6 ( 1) (a), (b) and 1 . Taking into account the tenders received for each individual invitation to tender and (c), the price shall be reduced by 10 u.a. per 100 kg. in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68 , Article 12 a minimum selling price shall be fixed or it shall be decided not to proceed with the 1 . Before removal from store of each invitation to tender . quantity the successful tenderer shall give 2 . At the same time as the minimum the processing security referred to in selling price is fixed and using the same Article 9 (2).

Official Journal of the European Communities 9

2 . The processing security shall be given Article 16 in accordance with Article 8 (2). 1 . At the time of the processing and incorporation referred to in Article 6 ( 1) (a) Article 13 and (b), the Member State on whose terri­ tory the operations are carried out shall 1 . When the payment referred to in carry out supervision on the premises Article 11 ( 2) has been made and the throughout these operations . processing security referred to in Article 12 has been given, the intervention agency 2 . If the operations referred to in Ar­ shall issue a removal order indicating: ticle 6 ( 1 ) (a) and (b), on the one hand, and the processing • referred to in (c) of that (a) the quan:ity for which the conditions paragraph, on the other hand, are not referred to at the beginning of this carried out in the same place, the con­ paragraph have been satisfied; centrated butter shall be put up in packages (b) the refrigerated warehouse in which it is of a minimum size of 10 kg.

warehoused ; The packages shall bear one or more of the (c) the final date for removing the butter following notices in letters at least 2 cm from store. high:

— "Beurre concentré destiné à la transfor­ 2 . Within 30 days of the receipt of the mation en un des produits visés à information referred to in Article 11 ( 1 ) the successful tenderer shall remove from l'article 6 paragraph 1 sous (c) du store the butter awarded to him . The règlement ( CEE) n0 1259/72"; butter may be removed from store in — "Butterfett zur Verarbeitung zu einem several lots . der in Artikel 6 Absatz 1 Buchstabe (c) der Verordnung (EWG) Nr 1259/72 Save in cases of force majeure, if the success­ genannten Erzeugnisse"; ful tenderer has not removed the butter from — " Burro concentrato destinato alla tras­ store within the time laid down the sale formazione in uno dei prodotti di cui shall be cancelled in respect of the remain­ all'articolo 6, paragrafo 1 , lettera (c), ing quantities . del regolamento (CEE) n. 1259/72";

— "Boterconcentraat bestemd voor ver­ Article 14 werking tot een van de bin artikel 6, lid 1 , sub (c), van Verordening (EEG) The butter shall be delivered by the inter­ nr. 1259/72 bedoelde produkten"; vention agency in packing bearing one or — ( Concentrated butter for processing more of the following notices in letters at into one of the products listed in Ar­ least 2 cm high : ticle 6 ( 1 ) (c) of Regulation (EEC) — 'Beurre destiné à la transformation No 1259/72). (règlement ( CEE) No 1259/72)", Article 17 — 'Zur Verarbeitung bestimmte Butter (Verordnung (EWG) Nr 1259/72)", 1 . Where the operations specified in — "Burro destinato alla transformazione Article 6 ( 1 ) (a) and (b) or the processing (regolamento (CEE) n 1259/72)", specified in Article 6 ( 1 ) (c) take place in a — Boter vcor verwerking (Verordening Member State other than the selling Member (EEG ) nr 1259/72)", State, the following rules shall be applied:

— ( Butter for processing (Regulation Sections 101 , 103 , 104 and 106 of the control (EEC) No 1259/72)"). copy provided for in Article 1 of Regulation (EEC) No 2315/69 shall be completed . Section 106 shall specify the date on which Article 15 the party concerned took the butter over. Section 104 shall be completed by deleting From the time of its removal from store and what does not apply and by adding one of until it is processed into a product falling the following endorsements under the second within any cf the three indents in Ar­ indent: ticle 6 ( 1 ) (c), the butter shall be subject to customs control or to an administrative (a) in the case of butter to which the control providing equivalent guarantees . operations referred to in Article 6 ( 1 ) (a)

10 Official Journal of the European Communities

and (b) are to be applied in some other or each of the new copies is issued; Member State than the selling Member section 104 shall contain one of the State : endorsements listed in (b) below ; sec­ tion 106 shall state : " Beurre destiné : 1 . à être concentré et à subir une — the weight of the butter used to produce the quantity of concentrated incorporation , butter specified in section 103 ; 2 . puis à être transformé en un des — the number of the control copy from produits visés à l'article 6 paragra­ the exit office, and the name of the phe 1 sous (c) du règlement (CEE) n° 1259/72": office; — the date on which the party con­ "Butter bestimmt : cerned took the butter over . 1 . zur Verarbeitung zu Butterfett und The customs office which supervised the zur Beimischung, processing referred to at 2 shall endorse 2 . alsdann zur Verarbeitung zu einem the control copy from the office which der in Artikel 6 Absatz 1 Buch­ supervised the processing referred to at 1 stabe (c) der Verordnung (EWG) and send it via the latter office to the Nr. 1259/72 genannten Erzeugnisse"; office of exit from the selling Member

" Burro destinato : State .

1 . ad essere concentrato ed essere og­ (b) in the case of butter treated in accordance getto di una incorporazione, with Article 6 ( 1 ) (a) and (b) in the 2 . ad essere poi trasformato in uno dei selling Member State which is to be prodotti di cui all'articolo 6, para­ treated in accordance with Article 6 ( 1 ) (c) grafo 1 , lettera (c) del regolamento in another Member State : ( CEE) n. 1259/72"; "Beurre concentré destiné à être transfor­

"Boter bestemd : mé en l'un des produits visés à l'article 6, paragraphe 1 sous (c) du règlement 1 . voor verwerking tot boterconcen­ (CEE) n° 1259/72", traat en ter bijmenging, "Butterfett zur Verarbeitung zu einem 2 . vervolgens voor verwerking tot een van de in artikel 6, lid 1 , sub (c), der in Artikel 6 Absatz 1 Buchstabe (c) der Verordnung (EWG) Nr. 1259/72 van Verordening (EEG) nr. 1259/72 genoemde produkten"; genannten Erzeugnisse",

" Burro concentrato destinato alla* trasfor­ (Butter intended: mazione in uno dei prodotti di cui 1 . for concentration and incorporation, all'articolo 6 paragrafo 1 lettera (c) del 2 . for processing thereafter into one of regolamento ( CEE) n. 1259/72", the products listed in Article 6 (1) (c) " Boterconcentraat bestemd voor ver­ of Regulation (EEC) No 1259/72). werking tot een van de in artikel 6, The processing referred to at 2 may be lid 1 , sub (c), van Verordening (EEG) supervised by one or more customs nr. 1259/72 genoemde produkten", offices other than that which supervised (Concentrated butter for processing into the processing referred to at 1 . one of the products listed in Article 6 ( 1 ) (c) In this case the customs , office which of Regulation (EEC) No 1259/72). controls the processing referred to at 2 . In the case of butter to be processed 1 shall send the control copy to the under the conditions laid down in Article 6 (2) office of exit specifying that it has in a Member State other than the selling controlled only the processing referred Member State, the following rules shall be to at 1 and shall issue one or, at the applied: request of the parties concerned, several copies of the control copy provided for Sections 101 , 103 and 104 of the control in Article 1 of Regulation (EEC) copy provided for in Article 1 of Regulation No 2315/69 of which sections 101 , 103 , (EEC) No 2315/69 shall be completed. 104 and 106 have been completed. Section 106 shall specify the date on which Section 103 shall state the net weight the party concerned took the butter over. resulting from the processing referred Section 109 shall be completed by deleting to at 1 , for which the new control copy what does not apply and by adding one of

Official Journal of the European Communities 11

the following endorsements under the second ber States in question in cases indent : of breach of the obligations undertaken . " Beurre destiné à la transformation au The Member States shall determine titre de l' article 6 paragraphe 2 du règle­ ment (CEE) nc 1259/72", the maximum quantity in respect of which this declaration may be "Butter zur Verarbeitung gemäß Artikel 6 made. Absatz 2 der Verordnung (EWG) Nr. 1259/ 72 ", (c) When the processing has been carried out in a Member State " Burro destinato alla trasformazione a other than the selling Member norma dell'articolo 6, paragrafo 2 , del State, such proof may be supplied regolamento ( CEE) n . 1259/72", only by production of the control copy referred to in Article 17. "Boter bestemd voor verwerking overeen­ komstig artikel 6, lid 2, van Verordening 3 . The security shall be released im­ (EEG) nr. 1259/72", mediately.

(Butter for processing under Article 6 (2) Article 19 of Regulation (EEC) No 1259/72).

In cases of force majeure the intervention Article IS agency shall decide what measures it considers necessary in view of the cir­ 1 . Save in cases of force majeure, the cumstance which has arisen . tendering secu-ity shall be released only for the quantity : Article 20 (a) for which the tenderer : The compensatory amounts applicable to — has not withdrawn the tender before butter, concentrated butter and concentrated the decision awarding the tender, butter with added sugar (subheading and No 21.07 of the Common Customs Tariff) — has, within the time laid down , paid for the part consisting of butter, shall be the amount corresponding to the equal to the compensatory amounts fixed tender referred to in Article 11 (2) pursuant to Regulation (EEC) No 974/71 , and lodged the processing deposit multiplied by a coefficient of 0*3 . referred to in Article 12, or If necessary the Commission may alter this ( b) for which the tender has not been coefficient .' proceeded with.

Article 2 2 . (a) Save _n cases of force majeure the processing security referred to in Article 12 shall be released only for 1 . This Regulation shall enter into force on quantities in respect of which the day following its publication in the Official the successful tenderer has supplied Journal of the European Communities . the competent authority with proof However the validity of control copies issued that the conditions referred to in under Article 17 of Regulation (EEC) No 1259/72 Article 6 have been met . before this Regulation enters into force shall ( b) However, the Member States may not be affected by point 2 of the fourth sub­ presciibe that such proof shall be paragraph of Article 17 (1) (a). considered to have been furnished if the seller submits a declaration 2 . The provisions of each second indent in Article 6 ( 1 ) ( b) (aa), ( bb) and (cc) shall apply by the final user, in which the user: from 10 January 1973 . — confirms his undertaking, con­ tained in the contract of sale, 3 . As regards the provisions of Article 6 ( 1 ) (c), second indent, the increase to 20% in the to process the products speci­ fied in Article 6 ( 1 ) (b) into fat content by weight shall apply from 13 December 1972 . products listed in Article 6 ( 1 ) (c) within the set time limit, and However, on application from those concerned, — declares that he knows the the undertakings given in accordance with penalties imposed by the Mem­ Article 6 of Regulation (EEC) No 1259/72 in

12 Official Journal of the European Communities

connection with invitations to tender before provisions listed above. In such cases the pro­ 13 December 1972 shall be adjusted to the visions of this Regulation shall apply.

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

Done at Brussels , 22 December 1972.

For the Commission

The President

S. L. MANSHOLT