31973R1910

No L 196/ 10 Official Journal of the European Communities 17. 7. 73

REGULATION (EEC) No 1910/73 OF THE COMMISSION of 13 July 1973 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 Common Customs Tariff, being directed from its final COMMUNITIES, destination, it has proved necessary to define such processing more precisely ; Having regard to the Treaty establishing the European Whereas the measures provided in this Regulation are Economic Community ; in accordance with the Opinion of the Management Committee for Milk and Milk Products ; Having regard to Council Regulation (EEC) No 804/68 (^ of 27 June 1968 on the common organiza­ tion of the market in milk and milk products, as last HAS ADOPTED THIS REGULATION : amended by the Act (2) concerning the Conditions of Accession and the Adjustments to the Treaties, and in particular Article 6 (7) thereof ; Article 1 Having regard to Council Regulation (EEC) No Regulation (EEC) No 1259/72 is amended as follows : 985/68 (3) of 15 July 1968 laying down general rules for intervention on the market in butter and cream, as 1 . The provisions of Article 3 (1 ) (b) are replaced by last amended by Regulation (EEC) No 2714/72 (4), and the following : in particular Article 7 (a) thereof ; '(b) the quantities of butter for sale in each depot, Whereas the minimum selling prices and the security specifying, where appropriate, any quantities of fixed pursuant to Article 9 of Commission Regulation butter held in stock with a fat content, by weight, of less than 82 % ' (EEC) No 1 259/72 (5) of 16 June 1972 on the disposal of butter at a reduced price to certain Community processing undertakings, as last amended by Regula­ 2. Article 6 (a) is inserted as follows : tion (EEC) No 1237/73 (6) applied up to the present, 'Article 6 (a) only to butter having a butterfat content by weight of not less than 82 % which alone was offered for Further processing of the products referred to in tender ; Article 6 ( 1 ) (c) shall be allowed where such products fall within the heading referred to in that Whereas, in certain Member States, there will, in the Article without, at an intermediate stage of such future, be stocks of butter, bought in under the second processing, resulting in a product which falls subparagraph of Article 1 (5) of Regulation (EEC) No within any other heading.' 985/68, with a butterfat content, by weight, of 80 % or more but less than 82 % ; 3 . In Article 7 (2)

— the provisions of (b) and (c) shall be replaced by Whereas, in order to avoid distortion of competition the following : provision should be made for minimum selling prices to be fixed for this butter lower than those fixed for '(b) the quantity to which the tender relates, butter with a fat content, by weight, of not less than specifying the fat content of the butter 82 % , and, detailed rules should therefore be laid when the intervention agency concerned has offered for sale butter of a fat content down for the submission of tenders, the award of less than 82 % ; contracts and the lodging of the processing security ; (c) the price offered per metric ton of the Whereas, in order to avoid butter processed into butter having the fat content required, disre­ products falling within heading No 19.08 of the garding the price reduction provided for in the second subparagraph of Article 1 1 (2), (1 ) OJ No L 148 , 28 . 6 . 1968 , p. 13 . exclusive of internal taxes, ex-cold storage (2) OJ No L 73, 27 . 3 . 1972, p . 14. depot in which the butter is held, (3) OJ No L 169 , 18 . 7. 1968 , p . 1 . expressed in the currency of the Member (4) OJ No L 291 , 28 . 12. 1972, p. 15. State in which the invitation to tender is (5) OJ No L 139, 17. 6 . 1972, p. 18 . (6) OJ No L 128 , 15. 5. 1973 , p . 1 . opened

17 . 7. 73 No L 196/ 11 Official Journal of the European Communities

— the following subparagraph is added : processes referred to in Article 6 ( 1 ) or (2) take place in the Member State where the butter is 'A tender may be made only for butter having removed from store, the amount of the processing the same fat content (either equal to or more security may be reduced, at the request of the than 82 % , or less than 82 %).' successfull tenderer, by an amount equal to the 4. Article 9 ( 1 ) is replaced by the following : accession compensatory amount to the butter concerned in trade between the new Member State ' 1 . In the light of the tender received in in question and Community as originally consti­ response to each individual invitation to tender tuted ; and in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68, a The intervention agency concerned may accept minimum selling price shall be fixed, which may such a request only if it takes the necessary vary according to fat content of the butter, or a measures to ensure that the butter or the butteroil decision shall be taken not to proceed with the which is the subject of the request is used in its invitation to tender.' entirety in accordance with Article 6 (1 ) (c) and in its territory.' 5. The following subparagraph is added to Article 12 ( 1 ): This Regulation shall enter into force on the day 'With regard to butter sold by the intervention following its publication in the Official Journal of agencies of the new Member States, where the the European Communities.

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

Done at Brussels, 13 July 1973 .

For the Commission

The President

François-Xavier ORTOLI