31975R0232

31 . 1 . 75 Official Journal of the European Communities No L 24/45

REGULATION (EEC) No 232/75 OF THE COMMISSION of 30 January 1975 on the sale of butter at reduced prices for use in the manufacture of pastry products and ice cream

THE COMMISSION OF THE EUROPEAN of 16 June 1972 on the disposal of butter at a reduced COMMUNITIES, price to certain Community processing undertakings, as last amended by Regulation (EEC) No 281 9/74 (6), and in view of the trend of prices for competing fats, Having regard to the Treaty establishing the European Economic Community ; it should be made possible for different minimum prices to be fixed for pastry products on the one hand and for ice cream on the other by providing that Having regard to Council Regulation (EEC) No different denaturing agents be employed depending 804/68 (*) of 27 June 1968 on the common organiza­ on the use to which the butter is to be put and by tion of the market in milk and milk products, as last adapting the relevant supervisory measures ; amended .by Regulation (EEC) No 662/74 (2), and in particular Articles 6 (7) and 28 thereof ; Whereas Regulation (EEC) No 1259/72 has been amended frequently, and sometimes substantially ; Having regard to Council Regulation (EEC) No whereas, therefore, in the interests of clarity and effi­ 985/68 (3) of 15 July 1968 laying down general rules cient administration the Regulations involved should for intervention on the market in butter and cream , as be consolidated ; last amended by Regulation (EEC) No 2714/72 (4), and in particular Article 7a thereof ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Whereas the situation on the Community butter ment Committee for Milk and Milk Products, market is marked by large stocks following interven­ tion under Article 6 ( 1 ) of Regulation (EEC) No 804/68 ;

HAS ADOPTED THIS REGULATION : Whereas it will not be possible to dispose of all these stocks of butter on normal terms ; whereas prolonged storage should be avoided because of the high cost Article 1 involved ; whereas measures should therefore be adopted to facilitate disposal of the butter ; Butter bought in under Article 6 ( 1 ) of Regulation ( EEC) No 804/68 and taken into storage before 1 Whereas the sale of butter at reduced prices to certain June 1974 shall be sold under the conditions Community processing undertakings for use in the described hereinafter. manufacture of pastry products and ice cream consti­ tutes such a measure ; whereas, to ensure that all purchasers have equal access to the butter and to keep Article 2 a check on the quantities disposed of, the standing tendering procedure should be followed ; The butter shall be sold by means of a standing invita­ tion to tender opened by each intervention agency for Whereas a system of supervision should be set up to the quantity of butter in question held by it. ensure that the butter is not diverted from its destina­ tion ; whereas this supervision must operate from the time the butter is removed from storage until it is Article J processed ; whereas in addition to the provision of a security stock records of all stages of marketing, the incorporation of an indicator in butter intended for 1 . The intervention agency shall give notice of invi­ processing may contribute to this end ; tation to tender, indicating in particular :

(a) the location of the coldstore or stores where the Whereas on account of experience gained in the opera­ butter is held ; tion of Commission Regulation ( EEC) No 1 259 /72 (5 ) (b) the quantity of butter for sale in each depot, indi­ (') OJ No L 148 , 28 . 6. 1968 , p. 13 . cating separately where appropriate , the quantity (2 ) OJ No L 85, 29 . 3 . 1974, p. 51 . of butter of a fat content of less than 82 % : 3 OJ No L 169, 18 . 7 . 1968 , p. 1 . (4) OJ No L 291 , 28 . 12. 1972, p. 15 . (5) OJ No L 139, 17. 6. 1972, p. 18 . (6) OJ No L 301 , 9 . 11 . 1974, p. 21 .

No L 24/46 31 . 1 . 75 Official Journal of the European Communities

(c) the closing date and address for the submission of products and in such a way as to ensure uniform tenders . diffusion of the ingredients : — if the concentrated butter is to be processed 2 . The notice of invitation to tender shall be into formula A products as specified in the published in the Official Journal of the European first indent of subparagraph (c) : the products Communities at least eight days before the first indicated in Annex I , closing date for the submission of .tenders. In addition , the intervention agency may publish notices else­ — if the concentrated butter is to be processed where . into formula B products as specified in the second indent of subparagraph (c) : the products indicated in Annex II . Article 4 The relevant intervention agency shall make sure 1 . During the period of validity of the standing invi­ that the requirements as to the quality and charac­ tation to tender, the intervention agency shall issue teristics, in particular the degree of purity, of the individual invitations to tender. Each individual invita­ products to be incorporated in the butter have tion to tender shall cover such part of the butter speci­ been satisfied . fied in Article 1 as is still available . Every Member State may decide that the following 2. The period for the submission of tenders shall products are not used in its territory : expire each second and fourth Tuesday of the month , at 12 noon , except for the fourth Tuesday in — if the concentrated butter is to be processed December. If the Tuesday is a public holiday, the into formula A products : one or two of the period shall be extended to 12 noon on the following products resulting from the incorporation working day. specified in Annex I under I , II or III and/or Article 5 one of these products for which the particular possibility referred to in Annex I under I (bb), 1 . The intervention agency shall update and make II (bb) and III (bb) has been used, available to prospective tenderers on request the list provided for in Article 3 ( 1 ) (b) of the quantity of — if the concentrated butter is to be processed butter for sale by tender in each coldstore . The inter­ into formula B' products : one or two of the vention agency shall also publish the updated lists at products resulting from the incorporation regular intervals in an appropriate form to be specified specified in Annex II under I , II or III . in the notice of invitation to tender provided for in Article 3 ._._ If a Member State avails itself of the option provided for in the preceding subparagraph , it 2. The intervention agency shall take the measures shall forthwith inform the Commission of the necessary to enable prospective tenderers to examine process or processes chosen ; at their own expense, before tendering, samples of the butter for sale . (c) to have the products referred to in (b) processed in accordance with the indications in the tender, only into : Article 6 — formula A : 1 . A tenderer may not take part in the invitation to products falling within heading No 19.08 of tender unless he gives a written undertaking : the Common Customs Tariff or (a) to have all the butter awarded processed into — formula B : concentrated butter of a fat content of not less than 99-8 % , in an establishment approved by the edible ices falling within subheadings ex 18.06 Member State in whose territory the processing is B and ex 21.07 C of the Common Customs carried out and to obtain a minimum quantity of Tariff, containing less than 20 % by weight of 100 kg~ of concentrated butter from : milkfat, — 122-5 kg of original butter, where the fat or content of the butter sold is 82 % or more , excluding yoghourt powder for the preparation — 125-5 kg of original butter, where the fat of edible ices falling within subheading ex content of the butter sold is less than 82 % ; 18.06 D or ex 21.07 F of the Common (b) in the course of this processing and in the same Customs Tariff, containing 33 % or less by establishment, to have incorporated per metric ton weight of milkfat and one or more flavourings of concentrated butter, to the exclusion of all other and emulsifying or stabilizing agents, which is

31 . 1 . 75 Official Journal of the European Communities No L 24/47

suitable for consumption without any treat­ tion agency concerned has offered for sale butter ment other than the addition of water and of a fat content of less than 82 % ; refrigeration ;

(c) the use to which the butter is to be put (formula A (d) to carry out within the Community processing as or formula B, as defined in Article 6 ( 1 ) (c)) ; specified in (a) and (b) within two months of the day on which the butter was taken over as speci­ fied in Article 13 (2) and to process within the (d) the price offered per metric ton of butter having Community into the products specified in (c) the fat content required, exclusive of the price within six months of the day on which the butter reduction provided for in the second subparagraph was taken over ; of Article 1 1 (2) and of internal taxes, ex coldstore in which the butter is held , expressed in the (e) to keep stock records showing, for each delivery, currency of the Member State in which the invita­ the quantity sold, the name and address of the tion to tender is opened ; purchaser of the product obtained as a result of the processing provided for in (a) and (b) and the use to which it is to be put (formula A or formula (e) the coldstore in question and possibly an addi­ B); tional store .

(f) to include in the contract of sale, in the case of any subsequent resale of such product, the require­ A tender relating to several stores, independently ments laid down in (c) and (d). of the possible additional store, shall be considered to comprise as many tenders as there are cold­ 2. However, any processor giving a written under­ stores mentioned . taking to process, in accordance with the use specified in his tender ( formula A or formula B), all the butter Tenders shall relate only to butter of uniform fat awarded into products specified in paragraph 1 (c) content (82 % or more, or less than 82 %) within six months of the day of removal from storage intended for the same use ( formula A or formula referred to in Article 13 (2) and to use at least five B). metric tons of that butter for that purpose in one month, may submit a tender without giving the under­ takings required under paragraph 1 (a), (b) and (c). 3 . A tender shall not be valid unless it relates to at least five metric tons . However, if the quantity avail­ In such case, the Member State in whose territory the able in a store is less than five metric tons, the avail­ processing takes place shall carry out on-the-spot able quantity shall constitute the minimum quantity supervision throughout the operations in a manner for tender . which it shall determine . The costs of such supervi­ sion shall be borne by the undertaking concerned .

4 . A tender shall not be valid unless : 3 . Further processing of the products specified in paragraph 1 (c) shall be permitted only if the products obtained fall within one of the tariff headings referred (a) it is accompanied by the written undertakings to in that paragraph and if no product falling within referred to in Article 6 ( 1 ) and , where appropriate, any other heading is produced at an intermediate (2); stage of such processing.

(b) the tender includes a declaration to the effect that he agrees to forgo any claim as to the quality and Article 7 characteristics of any butter sold to him ;

1 . Tenders, which shall be in writing, shall be (c) proof is furnished that before expiry of the period submitted either by delivery by hand to the interven­ set for the submission of tenders , the tenderer has tion agency against acknowledgement of receipt or by given the tendering security referred to in Article registered letter addressed to the intervention agency. 8 in respect of the relevant individual invitation to Intervention agencies may authorize the use of telex . tender .

2 . The tender shall indicate :

(a) the name and address of the tenderer ; 5 . A tender may stipulate that it is not to be regarded as having been submitted unless the contract (b) the quantity to which the tender relates, specifying is awarded in respect of the entire quantity indicated the fat content of the butter where the interven­ in the tender .

No L 24/48 Official Journal of the European Communities 31 . 1 . 75

A tender may stipulate that it is not to be regarded as able at the coldstore in question, the contract shall be having been submitted unless the contract is awarded awarded to the tenderer concerned only in respect of in respect of a specific quantity indicated in the the quantity available. tender . 4. Where acceptance of several tenders offering the 6. A tender may not be withdrawn . same price for butter to be put to the same purpose, or differing by the same amount from the relevant minimum price, would lead to contracts being Article 8 awarded in excess of the quantity available, the award shall be made by drawing lots . 1 . The tendering security shall be 10 units of account per metric ton . 5. Rights and obligations arising in connection with the invitation to tender shall not be transferable . 2. It shall take the form, according to the prefer­ ence of the Member State, either of a cheque made Article 11 out to the intervention agency, or of a guarantee satis­ fying criteria laid down by the Member State concerned . 1 . Every tenderer shall immediately be notified by the intervention agency of the result of his participa­ tion in an individual invitation to tender. Article 9 2. The successful tenderer shall, before taking over 1 . In the light of the tenders received in response any quantity of butter, pay the intervention agency an to each individual invitation to tender and in accor­ amount corresponding to his tender for the quantity dance with the procedure laid down in Article 30 of which he intends to remove from store . Regulation (EEC) No 804/68 , a minimum selling price shall be fixed which may be varied according to However, in the case of successful tenderers who have the use to which the butter is to be put (formula A or undertaken to conform to the provisions of Article 6 formula B) as defined in Article 6 ( 1 ) (c) and according ( 1 ) (a), (b) and (c), the price shall be reduced by 10 to the fat content of the butter. units of account per 100 kg.

A decision may be taken in respect of the invitation Article 12 to tender, to make no award .

2. At the same time as the minimum selling prices 1 . Before taking over each quantity, the successful are fixed and under the same procedure, the securities tenderer shall give the processing security referred to required under Article 12 shall be fixed per 100 kg by in Article 9 (2). reference to the difference between the market price of butter and the minimum prices. With regard to butter sold by intervention agencies of the new Member States, where the processing referred to in Article 6 ( 1 ) or (2) takes place in the Member Article 10 State where the butter is removed from store, the amount of the processing security may be reduced, at 1 . A tender shall be rejected if the price offered is the request of the successful tenderer, by an amount lower than the minimum price fixed for the indi­ equal to the accession compensatory amount appli­ vidual invitation to tender, account being taken of the cable to the butter concerned in trade between the proposed use and the fat content of the butter in ques­ new Member State in question and the Community as tion . originally constituted .

2. Subject as provided in paragraph 1 , the contract The intervention agency concerned may accede to shall be awarded to the tenderer who departs most such a request only if it takes the necessary measures from the minimum price fixed for butter to be used to ensure that the butter or butteroil in question is for the purpose specified in the tender. used in its entirety as provided in Article 6 ( 1 ) (c) in its territory. If the quantity available in the store in question is not exhausted by this award, the contract for the 2 . The processing security shall be given as remaining quantity shall be awarded to the other provided in Article 8 ( 2). tenderers according to the price offered, starting with the price differing most from the relevant minimum 3 . Where the processing described in Article 6 ( 1 ) price . (a ) and (b) takes place in a Member State other than that of sale, the processing security shall be lodged 3 . Where acceptance of a tender would lead to a with the intervention agency of the Member State in contract being awarded for more butter than is avail­ which the processing takes place .

31 . 1 . 75 No L 24/49 Official Journal of the European Communities

Where such is the case, the intervention agency which subject to customs or equivalent administrative receives the processing security shall forthwith control . forward to the intervention agency of the Member State of sale an attestation specifying in particular the Article 16 amount of the security, the quantity of butter involved, the use to which it is to be put (formula A 1 . Throughout processing and incorporation in or formula B) and the date on which the contract was accordance with Article 6 ( 1 ) (a) and (b), the Member awarded . State in whose territory the operations take place shall carry out on-the-spot supervision . Article 13 2. If the operations provided for in Article 6 ( 1 ) (a) 1 . When the payment provided for in Article 1 1 (2) and (b) and the processing provided for in (c) of that has been made and the processing security required paragraph are not carried out in the same place, the under Article 12 has been given , the intervention concentrated butter shall be put up in blocks agency shall issue a removal order indicating : weighing not less than 10 kg. (a) the quantity in respect of which the conditions The packages shall bear, in letters at least 1 cm high , specified at the beginning of this paragraph have an indication as to the use (formula A or formula B) to been satisfied ; which the butter is to be put and one or more of the following endorsements : (b) the coldstore in question ; (c) the final date for taking over the butter ; 'Concentrated butter for processing into one of the products specified in Article 6 ( 1 ) (c) of Regulation (d) the closing date for the submission of tenders in (EEC) No 232/75' ; response to the individual invitation to tender as a ' Beurre concentre destine a la transformation en un . result of which the butter was sold . des produits visés à l'article 6 paragraphe 1 sous (c) du 2 . The successful tenderer shall take over the butter règlement (CEE) n0 232/75' ; awarded to him within 30 days pf receiving the notifi­ ' Butterfett zur Verarbeitung zu einem der in Artikel 6 cation provided for in Article 11 ( 1 ). The butter may Absatz 1 Buchstabe c) der Verordnung (EWG) Nr. be taken over in stages. 232/75 genannten Erzeugnisse' ; ' Burro concentrato destinato alla trasformazione in Except in cases of force majeure, if the successful tenderer has not taken over the butter within the uno dei prodotti di cui all'articolo 6, paragrafo 1 , lettera (c), del regolamento (CEE) n . 232/75' ; period prescribed the sale shall be cancelled in respect of the remaining quantities. Boterconcentraat bestemd voor verwerking tot een van de bij artikel 6, lid 1 , sub (c), van Verordening (EEG) nr. 232/75 bedoelde produkten' ; Article 14 ' Koncentreret smør bestemt til forarbejdning til et af The butter shall be delivered by the intervention de produkter, som er nævnt i artikel 6, stk . 1 , litra c) i agency in packings bearing one or more of the forordning (EØF) nr. 232/75'. following endorsements in letters at least 1 cm high : The concentrated butter may also be transported by ' Butter for processing (Regulation (EEC) No 232/75) ; tanker or container vehicle ; in such case , the above­ 'Beurre destiné à la transformation (règlement (CEE) mentioned endorsements shall be marked on the tank n° 232/75)' ; or the vehicle in letters at least 5 cm high . Zur Verarbeitung bestimmte Butter (Verordnung (EWG) Nr. 232/75)' ; Article 17 ' Burro destinato alla trasformazione (regolamento (CEE) n . 232/75)' ; 1 . Where the operations referred to in Article 6 ( 1 ) (a) and (b) and/or the processing referred to in Article Boter voor verwerking (Verordening ( EEG) nr. 6 ( 1 ) (c) take place in a Member State other than that 232/75)' ; of sale, the rules referred to in Annex III shall apply. 'Smør bestemt til forarbejdning (forordning (EØF) nr. 232/75)', 2. In the case of butter to be processed in accor­ and an indication of the use to which the butter is to dance with Article 6 (2) in a Member State other than that of sale , the rules referred to in Annex IV shall be put (formula A or formula B). apply .

Article 15 Article 18 From the time of its removal from store and until it is processed into one of the products specified in the 1 . Except in cases of force majeure, the tendering two indents of Article 6 ( 1 ) (c), the butter shall be security shall.be released only for the quantity :

No L 24/ 50 Official Journal of the European Communities 31 . 1 . 75

(a) in respect of which the tenderer : in Article 6 ( 1 ) (b) into one of the products speci­ fied in Article 6 ( 1 ) (c) as stated in the tender — has not withdrawn the tender before the award (formula A or formula B) within the prescribed of the contract, and period, and — has, within the period prescribed, paid the — states that he is aware of the sanctions he may amount corresponding to the tender, provided incur, which are to be determined by the Member for in Article 1 1 (2), and given the processing State concerned, if it transpires that he has not security provided for in Article 12, or fulfilled the obligations which he has entered into.

(b) in respect of which the tender has not been Member States shall determine a maximun quantity in accepted . respect of which such statement may be given and inform the Commission of this maximum quantity if they make use of the abovementioned possibility. 2. Except in cases of force majeure and save as otherwise provided in Article 19 (2) the processing security provided for in Article 12 shall be released only for quantities in respect of which the successful Article 19 tenderer has furnished proof that the conditions laid down in Article 6 have been fulfilled . 1 . In cases of force majeure the intervention agency shall determine the measures necessary in view of the circumstances invoked . Such proof shall be furnished depending on the circumstances, as follows : 2. In all cases which cannot be regarded as cases of force majeure where (a) where operations provided for in subparagraphs (a) (b) and (c) of Article 6 ( 1 ) or in Article 6 (2) are — the aggregate of the periods prescribed in Article 6 carried out in the Member State of sale , proof shall ( 1 ) (d) or the period prescribed in the first subpara­ be furnished by the production of a document graph of Article 6 (2) for processing has been specified by the Member State of sale ; exceeded by no more than 30 days, and (b) where operations provided for in Article 6 ( 1 ) (a) — the period or periods were exceeded for reasons and (b) are carried out in the Member State of sale, other than serious negligence on the part of the and operations provided for in Article 6 ( 1 ) (c) are person concerned, carried out in another Member State, or the opera­ the amount of the processing security to be retained tion provided for in Article 6 (2) is carried out in a shall , if the person concerned submits a reasoned Member State other than that of sale, proof shall application to that effect, be only two units of account be furnished by the control copy or copies referred per metric ton for each day by which the prescribed to in Annexes III ( II) and IV ; period or periods have been exceeded . (c) where operations provided for in Article 6 ( 1 ) (a) Such application shall be considered only if it is (b) and (c) are all carried out in a single Member lodged with the intervention agency concerned within State which is not the Member State of sale, proof 30 days of the day on which the period or periods in shall be furnished by the production of a docu­ question expire . ment specified by the Member State in which the processing has taken place ; 3 . Member States shall inform the Commission (d) where operations provided for in Article 6 ( 1 ) (a) each quarter of the cases in which they have applied and (b) are carried out in a Member State other paragraph 1 or 2, specifying the circumstances than that of sale and the operation provided for in invoked , the quantity involved and the measures taken . Article 6 ( 1 ) (c) is carried out in a Member State other than that in which the operations provided for in Article 6 ( 1 ) (a) and (b) have been carried out, proof shall be furnished by the control copy Article 20 or copies referred to in Annex III ( I) (cc). When that part of the butter and concentrated butter specified in Article 6 ( 1 ) (a) and (b) which consists of 3 . Member States may provide that the proof butter is sold pursuant to this Regulation : required under paragraph 2 is to be regarded as having furnished if the seller submits a statement from the final user in which the letter : (a) the compensatory amounts fixed pursuant to Regu­ lation ( EEC) No 974/ 71 shall be multiplied by the — confirms his undertaking, which appears in the coefficient 0-5 ; however, in the case of the United contract of sale, to process the products specified Kingdom the coefficient shall be 0-8 :

31 . 1 . 75 Official Journal of the European Communities No L 24/ 51

(b) the compensatory amounts provided for in the Act butter sold before the- entry into force of this Regula­ annexed to the Accession Treaty shall not be appli­ tion . cable .

Article22¶

Regulation ( EEC) No 1259/72 is hereby repealed. This Regulation shall enter into force on 1 February However, it shall continue to apply in respect of 1975 .

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

Done at Brussels, 30 January 1975 . ' For the Commission

P. J. LARDINOIS Member of the Commission

No L 24/52 Official Journal of the European Communities ■ 31 . 1 . 75

ANNEX I

Products to be incorporated into the concentrated butter (per metric ton ) where such concentrated butter is to be processed into formula A products

(first indent of Article 6 ( 1 ) (b))

I. Either : (aa) 250 g of 4 hydroxy-3 methoxybenzaldehyde obtained either from vanilla or from synthetic vanillin ; or 100 g of 4 hydroxy-3 methoxybenzaldehyde obtained exclusively from vanilla beans or integral extracts thereof ('), and (bb) 11 kg of triglycerides of enanthic (n-heptanoic) acid, at least 95 % pure, calculated as triglycerides on the product ready for incorporation , with a maximum acid value of 0-3 % , a saponification number between 385 and 395, and a 95 % minimum content of enanthic acid in the esterified acid part ; or 150 g of stigmasterol (C29H48O = ∆-5-22-stigmastene-3-beta-ol), at least 95 % pure, calculated on the product ready for incorporation ;

II . or : (aa) 20 g of ethyl ester of beta-apo-8'-carotenic acid, in the form of a compound soluble in the milkfat, and (bb) 11 kg of triglycerides of enanthic (n-heptanoic) acid, at least 95 % pure, calculated as triglycerides on the product ready for incorporation, with a maximum acid value of 0-3 % , a saponification number between 385 and 395, and a 95 % minimum content of enanthic acid in the esterified acid part ; or 150 g of stigmasterol (C29H48O = ∆-5-22-stigmastene-3-beta-ol), at least 95 % pure, calculated on the product ready for incorporation ;

III . or : (aa) 250 kg of refined granulated or powdered sugar, and (bb) 11 kg of triglycerides of enanthic (n-heptanoic) acid, at least 95 % pure, calculated as triglycerides on the product ready for incorporation , with a maximum acid value of 0-3 % , a saponification number between 385 and 395, and a 95 % minimum content of enanthic acid in the esterified acid part (2) ; or 150 g of stigmasterol (C29H48O = ∆-5-22-stigmastene-3-beta-ol) at least 95 % pure, calculated on the product ready for incorporation (3).

(') The method of analysis by means of which compliance with this provision is checked is to be the method applied by the official agencies of the Member State in which processing into finished products takes place . (2) In this case, the final product will have a minimum fat content of 79.1 % . (3) In this case, the final product will have a minimum fat content of 79-8 % .

31 . 1 . 75 Official Journal of the European Communities No L 24/53

ANNEX II

Products to be incorporated into the concentrated butter (per metric ton ) where such concentrated butter is to be processed into formula B products (second indent of Article 6 ( 1 ) (b))

I. Either : (aa) 250 g of 4 hydroxy-3 methoxybenzaldehyde obtained either from vanilla or from synthetic vanillin ; or 100 g of 4 hydroxy-3 methoxybenzaldehyde obtained exclusively from vanilla beans or inte­ gral extracts thereof (') and (bb) 600 g of a compound containing at least 80 % of sitosterol (C29H50O = ∆-5-stigmastene-3­ beta-ol), whereby the remainder must not contain measurable quantities of stigmasterol ;

II . or : — 20 g of ethyl ester of beta-apo-8'-carotenic acid , in the form of a compound soluble in the milkfat, and — 600 g of a compound containing at least 80 % of sitosterol" (C29H50O = ∆-5-stigmastene-3­ beta-ol), whereby the remainder must not contain measurable quantities of stigmasterol ;

III . or — 250 g of refined granulated or powdered sugar, and — 600 g of a compound containing at least 80 % of sitosterol (C29H50O = ∆-5-stigmastene-3­ beta-ol ), whereby the remainder must not contain measurable quantities of stigmasterol .

(') The method of analysis by means of which compliance with this provision is checked is to be the method applied by the official agencies of the Member State in which processing into finished products takes place . (2 ) In this case, the final product will have a minimum fat content of 79-8 % .

No L 24/ 54 Official Journal of the European Communities 31 . 1 . 75

ANNEX III

Rules referred to in Article 17 ( 1 )

Sections 101 , 103, 104 and 106 of the control copy provided for in Article 1 of Regulation (EEC) No 2315/69 shall be completed .

I. In the case of butter which is to undergo the operations described in Article 6 ( 1 ) (a) and (b) in a Member State other than that of sale :

(aa) Section 104 shall be completed by deleting what does not apply and by entering against the second indent the use to which the butter is to be put (formula A or formula B) and one of the following endorsements : — ' Butter intended for concentration and incorporation in accordance with Article 6 ( 1 ) (a) and (b) of Regulation (EEC) No 232/75', — ' Beurre destiné à être concentré et a subir une incorporation conformément à 1 article 6 paragraphe 1 sous a) et b) du règlement (CEE) n° 232/75', — ' Butter zur Verarbeitung zu Butterfett und zur Beimischung gemäß Artikel 6 Absatz 1 Buchstaben a) und b) der Verordnung (EWG) Nr. 232/75', — ' Burro destinato ad essere concentrato ed essere oggetto di una incorporazione in conformità dell'articolo 6, paragrafo 1 , lettere a) e b), del regolamento (CEE) n . 232/75', — ' Boter bestemd voor verwerking tot boterconcentraat en voor bijmenging overeenkomstig artikel 6, lid 1 , sub a) en b) van Verordening (EEG) nr. 232/75', — 'Smør bestemt til forarbejdning til koncentreret smør og til iblanding i henhold til artikel 6, stk. 1 , litra a) og b), i forordning (EØF) nr. 232/75'.

(bb) In section 106 shall be entered : — the closing date for the submission of tenders in response to the individual invitation to tender as a result of which the butter was sold , — the date on which the tenderer took over the butter, and — one of the following endorsements : — 'in the case of butter which has undergone processing as specified in section 104, either : — one or more new No 5 control copies should be issued if the butter is to be sent to another Member State , — otherwise, the butter must be subject to customs or equivalent administrative control .', — 'le beurre ayant subi la transformation visée dans la case 104 doit faire 1 objet : — soit de la délivrance d'un ou de plusieurs nouveaux exemplaires de contrôle n° 5, s'il doit être expédié vers un autre État membre, — soit d'un contrôle douanier ou d'un contrôle administratif présentant des garanties équivalentes dans le cas centraire .', — 'für die Butter, die wie in Feld 104 angegeben verarbeitet worden ist, — sind entweder ein oder mehrere neue Kontrollexemplare Nr. 5 zu erteilen , wenn sie in einen anderen Mitgliedstaat versandt wird , — oder ist andernfalls eine Zollkontrolle oder eine Verwaltungskontrolle mit gleich­ wertiger Sicherheit durchzuführen .', — 'il burro che ha subito la trasformazione di cui alla casella 104 deve essere oggetto : — o del rilascio di uno o di più nuovi esemplari di controllo n . 5, se deve essere spedito verso un altro Stato membro, — ovvero di un controllo doganale o di un controllo amministrativo che presenti garanzie equivalenti nel caso contrario .', — 'voor de boter die de in vak 104 bedoelde verwerking heeft ondergaan : — moeten of één of meer nieuwe controle-exemplaren nr. 5 worden afgegeven , indien zij wordt vervoerd naar een andere Lid-Staat, — of moet in het tegenovergestelde geval een douanecontrole of een administratieve controle met gelijke waarborg plaatsvinden .',

31 . 1 . 75 Official Journal of the European Communities No L 24/ 55

— ' for smør, der har været genstand for den i rubrik 104 nævnte forarbejdning, skal der :

— enten udstedes et eller flere nye kontroleksemplarer nr. 5, hvis det skal sendes til en anden medlemsstat, — eller i modsat fald foretages en toldkontrol eller en administrativ kontrol , der giver tilsvarende sikkerhed .'.

The number(s) of the new control copy or copies or the national document(s) shall be entered under ' Remarks' in the ' Control as to use and/ or destination ' section of the form .

(cc) The new control copy or copies shall be filled in by the customs office which supervised the operations described in Article 6 ( 1 ) (a) and (b).

Sections 101 , 103 , 104 and 106 shall be completed . One of the endorsements shown in ( II) below shall be entered? in section 104. Section 106 shall specify :

— the weight of butter used to produce the quantity of concentrated butter entered in section 103 , — the number of the control copy issued by the office of departure and the name of the office , — the closing date for the submission of tenders in response to the individual invitation to tender as a result of which the butter was sold , — the date on which the butter was taken over, — the incorporation effected , using one of the following expressions, as appropriate :

— ' product 19.08 (vanilla/enanthic acid)' or ' product 19.08 (vanilla/stigmasterol)', in the case of products resulting from incorporation as specified in Annex I ( I), — 'product 19.08 (carotene/enanthic acid)' or ' product 19.08 (carotene/stigmasterol)', in the case of products resulting from incorporation as specified in Annex I ( II), — ' product 19.08 (sugar/enanthic acid)' or ' product (sugar/stigmasterol )', in the case of products resulting from incorporation as specified in Annex I ( III), — 'product 18.06 — 21.07 (vanilla/sitosterol)' in the case of products resulting from incorporation as specified in Annex II ( I ), — ' product 18.06 — 21.07 (carotene/sitosterol)' in the case of products resulting from incorporation as specified in Annex II ( II), — 'product 18.06 — 21.07 (sugar/sitosterol)' in the case of products resulting from incor­ poration as specified in Annex II (III).

If national documents are used, whether one or more than one, they shall include the endor­ sements provided for in sections 103, 104 and 106 of the control copy referred to above .

II . In the case of butter which has undergone the operations described in Article 6 ( 1 ) (a) and (b) in ' the Member State of sale and which is to be processed in accordance with Article 6 ( 1 ) (c) in another Member State, section 104 shall be completed by deleting what does not apply and , by entering against the second indent the use to which the butter is to be put (formula A or formula B) and one of the following endorsements :

— 'Concentrated butter for processing into one of the products specified in Article 6 ( 1 ) (c) of Regulation ( EEC) No 232/75', — 'beurre concentré destiné à être transformé en 1 un des produits visés à 1 article 6 paragraphe . 1 sous c) du règlement (CEE) n° 232/75', — ' Butterfett zur Verarbeitung zu einem der in Artikel 6 Absatz 1 Buchstabe c) der Verordnung ( EWG) Nr. 232/75 genannten Erzeugnisse', — ' Burro concentrato destinato ad essere trasformato in uno dei prodotti di cui ali articolo 6, paragrafo 1 , lettera c), del regolamento (CEE) n . 232/ 75', — Boterconcentraat bestemd voor verwerking tot een van de in artikel 6, lid 1 , sub c), van Veror­ dening ( EEG) nr. 232/75 genoemde produkten ', — Koncentreret smør bestemt til forarbejdning til et af de i artikel 6 , stk . 1 , litra c), i forordning ( EØF) nr. 232/75 nævnte produkter'.

No L 24/ 56 Official Journal of the European Communities 31 . 1 . 75

In section 106 shall be entered : — the closing date for the submission of tenders in response to the individual to tender as a result of which the butter was sold, — the date on which the successful tenderer took over the butter, — the incorporation effected, using one of the following expressions, as appropriate : — 'product 19.08 (vanilla/enanthic acid)' or 'product 19.08 (vanilla/stigmasterol)', in the case of products resulting from incorporation as specified in Annex I (I), — 'product 19.08 (carotene/enanthic acid)' or 'product 19.08 (carotene/stigmasterol)', in the case of products resulting from incorpora­ tion as specified in Annex I (II), — 'product 19.08 (sugar/enanthic acid)' or 'product 19.08 (sugar/stigmasterol)' in the case of products resulting from incorporation as specified in Annex I (III), — 'product 18.06 — 21.07 (vanilla/sitosterol)' in the case of products resulting from incorpo­ ration as specified in Annex II (I), — 'product 18.06 — 21.07 (carotene/sitosterol)' in the case of products resulting from incor­ poration as specified in Annex II (II), — 'product 18.06 — 21.07 (sugar/sitosterol)' in the case of products resulting from incorpora­ tion as specified in Annex II (III).

31 . 1 . 75 No L 24/57 Official Journal of the European Communities

ANNEX IV

Rules referred to in Article 17 (2)

I. Sections 101 , 103, 104 and 106 of the control copy provided for in Article 1 of Regulation (EEC) No 2315/69 shall be completed .

II. Section 104 shall be completed by deleting what does not apply and by entering against the second indent the use to which the butter is to be put (formula A or formula B) and one of the following endorsements : 'Butter for processing under Article 6 (2) of Regulation (EEC) No 232/75', 'Beurre destiné à la transformation au titre de 1 article 6 paragraphe 2 du règlement (CEE) n0 232/75*, ' Butter zur Verarbeitung gemäß Artikel 6 Absatz 2 der Verordnung (EWG) Nr. 232/75 , ' Burro destinato alla trasformazione a norma dell articolo 6, paragrafo 2, del regolamento (CEE) n . 232/75', ' Boter bestemd voor verwerking overeenkomstig artikel 6, lid 2, van Verordening ( EEG) nr. 232/75', 'Smør bestemt til forarbejdning i henhold til artikel 6, stk . 2 i forordning ( EØF) nr. 232/75 .

III . In section 106 shall be entered : — the closing date for the submission of tenders in response to the individual invitation to tender as a result of which the butter was sold , — the date on which the successful tenderer took over the butter.