31973R0349

13 . 2 . 73 Official Journal of the European Communities No L 40/ 1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 349/73 OF THE COMMISSION of 31 January 1973 on the sale at reduced prices of intervention butter for direct consumption as concentrated butter

THE COMMISSION OF THE EUROPEAN longed because of the high costs involved ; whereas COMMUNITIES, measures should therefore be adopted to facilitate disposal of the butter ; Having regard to the Treaty establishing the Euro­ pean Economic Community ; Whereas nutritional habits in certain Member States Having regard to Council Regulation (EEC) No 804/ make it possible to sell butter at reduced prices for 68 (*) of 27 June 1968 on the common organization direct consumption as concentrated butter ; whereas of the market in milk and milk products, as last experience has shown however that a disadvantage amended by the Act (2) annexed to Treaty (3) on the of such an operation is that butter may not be put Accession of new Member States to the European to the intended use and result in disturbances on the Economic Community and the European Atomic market in butter ; whereas provision should there­ Energy Community, signed at Brussels on 22 Janu­ fore be made for this measure to be taken at the ary 1972, and in particular Article 6 (7) and Article request of a Member State which considers itself in 28 thereof ; a position to lead it to a successful conclusion ; whereas this measure should be limited to quantities Having regard to Council Regulation (EEC) No 985/ which can normally be disposed of for direct con­ 68 (4) of 15 July 1968 laying down general rules for sumption during the period in question ; intervention on the market in butter and cream , as last amended by Regulation ( EEC) No 2714/72 (5), and in particular Article 7 ( a) thereof ; Whereas if this operation is extended only to butter in public storage, the removal of butter from private Having regard to Council Regulation (EEC) No 233/ storage might be compromised ; whereas for this 73 of 31 January 1973 laying down general rules for reason, butter which has been the subject of a storage the system of compensatory amounts for milk and contract in accordance with Article 9 (2 ) of Regula­ milk products (6) ; tion (EEC) No 985/68 should also be marketed as part of the operation in question ; Whereas a feature of the market in butter in the Community is the existence of stocks built up as a result of intervention on the market in butter made pursuant to Article 6 ( 1 ) and (2) of Regulation Whereas the amount of the reduction in the sale - ( EEC) No 804/68 ; price of butter or the amount of aid must be such as to permit an increase in the consumption of butter ; Whereas it will not be possible to dispose of these whereas provision should be made for the price stocks of butter on normal terms during the present reduction to be reflected down to the retail stage ; marketing year ; whereas storage should not be pro­

Whereas it is necessary to ensure at all marketing (') OJ No L 148 , 28 . 6. 1968 , p. 13 . stages the possibility of differentiating between but­ <*) OJ No L 73 , 27. 3 . 1972, p. 14 . ter sold under the conditions provided for in this (8) OJ No L 73 , 27. 3 . 1972, p. 5 . Regulation and other butter ; whereas to that end, (4 ) OJ No L 169, 18 . 7. 1968 , p. 1 . provisions should be made concerning the compo­ (5) OJ No L 291 , 28 . 12 . 1972 , p. 15 . (6) OJ No L 28 , 1 . 2 . 1973 , p. 37. sition, the possibility of differentiating between the

No L 40/2 Official Journal of the European Communities 13 . 2 . 73

concentrated butter and other butter and the pack­ (b ) To grant aid for butter which during the ing of concentrated butter in small packets ; whereas 1972/73 milk year was the subject of a storage to ensure the smooth functioning of the operation, contract under Article 8 (2) of Regulation (EEC) a time limit should be set for packing ; No 985 /68 ,

for the purpose of the direct consumption in the Whereas a control system should be set up to ensure Community as concentrated butter of a quantity to that the butter is not used for any purpose other be specified of the butter in question . than that for which it was intended ; whereas the provisions laid down to that effect by Commission Article 2 Regulation (EEC) No 1259/72 ( l) of 16 June 1972 on the disposal of butter at reduced prices to certain 1 . Butter covered by Article 1 ( a) shall be sold ex­ Community processing undertakings, as last cold storage depot at 76 units of account per 100 amended by Regulation (EEC) No 2815/72 (2) kg. should be resorted to . 2. It shall be sold in quantities of not less than 5 metric tons . Whereas the value of the concentrated butter should be taken into account as regards the compensatory 3 . Delivery shall be taken not more than 12 days amounts fixed under Regulation ( EEC) No 974/71 ; after the day on which the contract of sale was con­ cluded. Whereas Commission Regulation (EEC) No Before taking delivery the buyer shall ; 2561/72 (3) of 6 December 1972 on the marketing of intervention butter at reduced prices for direct con­ — pay the purchase price of the butter ; sumption as concentrated butter provided the possibility of making such sales ; whereas, in view of — lodge a processing security of 110 units of account per 100 kg. the traditions of certain Member States, another possibility should be added to the two methods laid Except in cases of force majeure, if the buyer has down for the composition of concentrated butter ; not taken delivery of the butter within the pre­ whereas moreover, as a result of the enlargement of scribed time limit, the sale shall be cancelled in the Community, Regulation (EEC) No 2561 /72 respect of the remaining quantities . should be republished ;

Article 3 Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ 1 . Butter removed from storage referred to in Art­ ment Committee for Milk and Milk Products ; icle 1 ( b) shall benefit from an aid of 110 units of account per 100 kg.

2. The signatory to the storage contract shall inform the intervention agency with which he con­ cluded the contract, of the quantities of butter HAS ADOPTED THIS REGULATION : which he intends to remove from storage, specify­ ing its characteristics in the manner determined by the intervention agency. Article 1 The intervention agency shall without delay issue an acknowledgement erf receipt. Member States may, at their request, be authorized : Article 4 ( a) To sell at reduced prices butter which has been 1 . The butter must be concentrated and put up, bought in under Article 6 ( 1 ) of Regulation in accordance with Article 5 , in the Member State (EEC) No 804/68 and taken into Storage at a where it was removed from storage, hereinafter date to be specified ; the butter may be sold in called the 'destocking Member State'. the natural state or after transformation into con­ centrated butter mentioned , in Article 5 : 2 . These operations must be carried out in an establishment approved for that purpose by the Member State . (*) OJ No L 139, 17. 6. 1972, p. 18 : (2) OJ No L 297, 30 . 12 . 1972 , p. 3 . 3 . Packing must take place within a maximum (a) OJ No L 274 , 7. 12 . 1972, p. 12 . of four weeks from the day :

13 . 2 . 73 Official Journal of the European Communities No L 40/3

— on which delivery was taken in accordance with Article. 6 Article 2 (3 ), as regards the butter covered by Article 1 (a ) ; 1 . Any person who holds the butter or the concen­ trated butter must keep records showing for each — on which the person in question receives the ac­ delivery the name and address of buyers of the but­ knowledgement of receipt provided for in Article ter or the concentrated butter and the quantities pur­ chased . 3 (2) as regards butter covered by Article 1 (b ). * 2. Where the butter is resold, the obligations con­ cerning processing, putting up and the final Article 5 intended use of the butter shall be mentioned in the contract of sale .

1 . Concentrated butter must : Such contract must be made in writing and specify that the buyer is aware of the penalties imposed by — contain at least 95 % butyric fats ; the Member State in question, for breaches of the aforesaid obligations. — have been the subject of the incorporation pro­ vided for in paragraph 2 ; 3 . As regards retail trade, only the quantities bought need be recorded. — be marketed in slabs of not more than 250 g, wrapped in paper bearing, on the upper surface and in letters at least five mm high, one or more Article 7 of the following statements :

' Beurre concentré pour la cuisine', 1 . The butter covered by Article 1 shall remain in its original wrappings until it is processed into con­ 'Butterreinfett', centrated butter.

' Burro concentrato da cucina', It shall be accompanied by a list of the packets, en­ abling the butter to be identified and specifying the 'Braadboter' or 'Boterconcentraat voor keukenge­ date on which it was removed from storage. bruik',

' Concentrated butter for cooking', 2 . The wrappings of butter removed from storage shall bear one or more of the following statements 'Koncentreret smør til husholdningsbrug'. in letters at least 2 centimeters high : 'Beurre destine a être transformé en beurre con­ centré ( règlement ( CEE) n° 349 /73 )', 2. During the melting of the butter there shall be incorporated per 100 kg of butter used : either 'Butter zur Verarbeitung zu Butterreinfett (Verord­ nung ( EWG ) Nr . 349 /73 )', — 2 kg of C16 and/or C18 fatty acid monoglycerides 'Burro destinato ad essere transformato in burro con­ 90 % at least pure calculated in monoglycerides on the product ready to be incorporated, or centrato ( regolamento ( CEE) n . 349/73 )',

'Boter bestemd voor verwerking tot braadboter — 1 kg of pelargonic acid triglycerides (triglycerides ( Verordening ( EEG) nr. 349/ 73 )', of n — nonanoic acid) at least 95 % pure cal­ culated in triglycerides on the product ready to or be incorporated, or ' Boter bestemd voor verwerking tot boterconcentraat — if the concentrated butter contains at least 99 % voor keukengebruik (Verordening (EEG ) nr 349/73 )', butyric fats, 15 gr of stigmasterol (C29H480 = 'Butter for processing into concentrated butter ( Reg­ A-5-22-stigmastene-3-beta-ol ) at least 95 %> pure ulation (EEC ) No 349/73 )', calculated on the product ready to be incorpora­ ted . 'Smør bestemt til forarbejdning til koncentreret smør (forordning ( E0F) nr. 349/73 )'.

The competent agency shall ensure that the quality 3 . The concentrated butter put up in slabs shall and characteristics, in particular the degree of be delivered and remain until the retail stage in purity, of the products to be incorporated into the wrapping bearing one or more of the following state­ melted butter have been observed . ments :

No L 40/4 Official Journal of the European Communities 13 . 2 . 73

'Beurre concentré pour la cuisine (règlement ( CEE) 'Boterconcentraat aan verlaagde prijs voor rech­ no 349/73 )', tstreeks verbruik (Verordening (EEC ) nr. 349/73 )',

'Butterreinfett (Verordnung (EWG ) Nr. 349/73 )', ' Concentrated butter at reduced price for direct con­ sumption (Regulation (EEC) No 349/73 )', 'Burro concentrato (regolamento (CEE) n . 349/73 )', 73 )', ' Koncentereret smør tilnedsat pris til umiddelbart for­ 'Braadboter (Verordening) (EEG) nr. 349/73 )', brug (forordning (EOF) nr 349/73 )',

or Article 10 'Boterconcentraat voor keukengebruik (Verordening ( EEG ) nr . 349/73 )', 1 . The processing security provided for in the second indent of Article 2 (3 ), shall be lodged, at the 'Concentrated butter for cooking (Regulation ( EEC) choice of the Member State, either in the form of a No 349/73 )', cheque made out to the intervention agency, or in the form of a guarantee fulfilling the criteria laid 'Koncentereret smør til husholdningsbrug (Forord­ down by the Member State concerned. ning ( EOF ) nr. 349 /73 )'.

2. Except in the case of force majeure, the secu­ Article 8 rity shall be released only in respect of quantities for which the buyer has supplied the intervention 1 . From the moment it leaves storage and until it agency with the certificate provided for in Article is processed into concentrated butter, the butter 8 (3 ) or, in the case envisaged in Article 9, this certifi­ shall be subject to customs or equivalent administra­ cate and the control copy. tive control . 3 . The security shall be released forthwith. 2. During the processing and packing specified in Article 5 , the Member State concerned shall carry out an on the spot inspection throughout the whole Article 11 operation . The aid referred to in Article 3 ( 1 ) shall be paid to 3 . At the end of the inspection, the agency in the signatory to the storage contract only on presen­ question shall issue a certificate if it establishes tation of the documents referred to in Article 10 (2 ). that :

— the conditions of processing and putting up, and Article 12 — the conditions laid down in Article 6, where the concentrated butter is to be consumed in the The Member States shall adopt all necessary pro­ destocking Member State, visions for the amount of the price reduction or the have been met. amount of aid to be reflected at the retail stage. To this end, they shall fix a maximum retail price for concentrated butter, the amount of which shall be Article 9 shown on the wrappings of the slabs together with the statement referred to in Article 5 ( 1 ). However, Where the concentrated butter is exported to a the Member States may in place of this obligation Member State other than the destocking Member State, spaces 101 , 103 and 104 of the control copy adopt other administrative provisions having equiva­ lent effect. provided for in Article 1 of Regulation (EEC) No 2315 /69 shall be filled in . Space 104 shall be com­ pleted by deleting what does not apply and by Article 13 making in the second indent, one of the following statements : The Member States shall communicate to the Com­ 'Beurre concentré a prix réduit pour la consomma­ mission on Tuesday of each week : tion directe ( règlement ( CEE) n° 349/73 )', — the quantities of the butter covered by Article 'Butterreinfett zu herabgesetzten Preisen fur den 1 ( a) which have been the subject of sale con­ unmittelbaren Verbrauch ( Verordnung (EWG )' Nr. tracts : 349/73 )', — the quantities of the butter covered by Article 'Burro concentrato a prezzo ridotto per il consumo 1 ( b ) for which the Member State has issued ac­ diretto (regolamento (CEE) n . 349/73 )', knowledgements of receipt.

13 . 2 . 73 Official Journal of the European Communities No L 40/5

Article 14 the parties concerned, a contract of sale signed before the date on which this Regulation enters into 1 . The compensatory amounts applicable to con­ force shall be adjusted in line with the third inset of centrated butter shall be equal to those fixed pur­ Article 5 (2 ). suant to Regulation (EEC) No 974/71 , weighted by the coefficient 0-4. Article 16

Where necessary, the Commission may alter this 1 . This Regulation shall enter into force on the coefficient. day of its publication in the Official Journal of the European Communities. 2. The compensatory amounts provided for in the Act annexed to the Accession Treaty shall not This Regulation shall apply from 1 February 1973 . be applied to butter sold under the head of this Regulation . 2 . If shall apply until 31 March 1973 .

Article IS From that date : — no delivery of butter covered by Article 1 ( a) 1 . Regulation (EEC) No 2561/72 is repealed. may be accepted ; 2. It shall remain applicable to authorizations — no acknowledgement of receipt for the butter granted and to contracts signed before this Regula­ covered in Article 1 (b) may be issued by the inter­ tion enters into force. However, on application from vention agencies .

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

Done at Brussels, 31 January 1973 .

For the Commission The President

Francois-Xavier ORTOLI