31977R2370

No L 277 / 16 Official Journal of the European Communities 29 . 10 . 77

COMMISSION REGULATION ( EEC) No 2370/77

of 28 October 1977

on the sale at a reduced price of butter for direct consumption in the Community

THE COMMISSION OF THE EUROPEAN without disturbing normal trade in butter ; whereas, COMMUNITIES , should a Member State make use of Council Regula­ tion ( EEC) No 880/77 of 26 April 1977 on the granting of aid for butter consumption (5), the Having regard to the Treaty establishing the European measures laid down in this Regulation should be Economic Community, combined with the aid granted under the abovemen­ tioned Regulation ;

Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization Whereas, to ensure even distribution throughout the of the market in milk and milk products ( J ), as last Community of the butter made available to consumers under this measure and to avoid distur­ amended by Regulation (EEC) No 559/76 (2), and in particular Articles 6 (7), 12 (3) and 28 thereof, bances of the market in certain Member States, the maximum quantities qualifying for this aid should be fixed for each Member State, particular account being taken of the usual level of consumption in the Having regard to Council Regulation (EEC) No Member State concerned ; whereas, given its social 985/68 of 15 July 1968 laying down general rules for welfare character, the restricted quantities and the intervention on the market in butter and cream (3), as brief period involved, this sale of butter on the occa­ last amended by Regulation ( EEC) No 2714/72 (4), and sion of the Christmas and the New Year holidays can in particular Article 7a thereof, only achieve its aim if the butter in question is consumed in the Member State where it is stored and if subsequent distribution to those concerned is Whereas a major feature of the Community butter handled by the national authorities ; market is the existence of stocks built up following intervention under Article 6 ( 1 ) and (2) of Regulation (EEC) No 804/ 68 ; Whereas in the United Kingdom the market price for butter is appreciably lower than the intervention price less the aid granted under Regulation (EEC) No Whereas it will not be possible to dispose of these 880/77 ; whereas there are also large stocks of stocks on normal terms during the present milk year ; imported butter which tend to keep prices down ; whereas prolonged storage should be avoided in view whereas in these circumstances it is reasonable not to of the high cost involved ; whereas steps should there­ apply the present measure in that Member State, and fore be taken to facilitate disposal of this butter ; indeed essential if a disturbance of the market is to be avoided ;

Whereas the Christmas and New Year holidays may provide an opportunity for selling butter at a reduced price for direct consumption ; whereas, if this measure Whereas, with regard to Italy, which has neither public stocks nor private stocks under contract on its were applied only to butter in public storage, it would be difficult to run down the stocks of butter in private territory, and where the special features of production preclude the use of price support mechanisms to storage ; whereas, therefore, the butter which has been the subject of storage contracts under Article 9 (2) of prevent price fluctuations, Council Regulation (EEC) No 2291 /77 of 18 October 1977 on the granting of Regulation (EEC) No 985/68 should also be released to the market under this measure ; aid for butter consumption in Italy (6) provides that aid may be granted for butter produced in Italy and intended for direct consumption in that Member State so that Italian consumers can benefit, on comparable Whereas either the reduction in the selling price of butter or the amount of the aid should be sufficient to terms, from the reduction in the price of butter ; whereas it is therefore necessary to adopt at the same ensure that additional quantities are disposed of time detailed rules for the application of the said Regulation ( EEC) No 2291 /77 ; (>) OJ No L 148 , 28 . 6 . 1968 , p. 13 . (2 ) OJ No L 67 , 15 . 3 . 1976, p. 9 . (3) OJ No L 169, 18 . 7 . 1968 , p. 1 . (5 ) OJ No L 106, 29 . 4. 1977, p. 31 . (4) OJ No L 291 , 28 . 12. 1972, p . 15 . (*) OJ No L 268 , 20 . 10 . 1977, p . 15.

29 . 10 . 77 No L 277/ 17 Official Journal of the European Communities

Whereas butter sold under this Regulation should be 2. The quantities referred to in paragraph 1 shall be clearly distinguished at all marketing stages from as follows : other butter ; whereas, to this end, provisions should (tonnes) be adopted concerning the putting-up of the butter in Breakdown small packets ; whereas a time limit for packing Member State Total quantity should be fixed to ensure that the operation proceeds Public storage Private storage ( minimum ( maximum smoothly ; quantity) amount)

Belgium and Whereas a system of supervision should be set up to Luxembourg 5 500 200 5 300 ensure that the butter is not diverted from its destina­ Denmark 2 500 2 500 — tion ; whereas the keeping of stock records at all 24 000 17 000 7 000 Germany marketing stages, the provision of a security and, in France 27 000 7 000 20 000 Ireland 2 000 — 2 000 the case of butter from private storage, the condition Netherlands 4 000 2 500 1 500 that aid will be paid only if certain requirements are met, would contribute to this end ; whereas, moreover, as regards butter in public storage, the provisions of Commission Regulation (EEC) No 1687/76 of 30 Article 2 June 1976 laying down common detailed rules for verifying the use and/or destination of products from 1 . Butter from public storage shall be sold ex-cold intervention ('), as last amended by Regulation (EEC) storage depot at the buying-in price applied by the No 2375/77 (2), should apply ; whereas the same provi­ intervention agency concerned on the day when the sions may be applied to butter in private storage ; contract of sale is concluded, less 70 units of account per 100 kilograms.

Whereas the necessary information should be commu­ It shall be sold in lots of not less than five tonnes . nicated to the Commission regularly to enable it to follow the progress of the operation in the Member 2. Contracts of sale shall be concluded before 10 States ; December 1977 .

3 . The purchaser shall take delivery of the butter Whereas the measures provided for in this Regulation not later than 12 days after the contract of sale is are in accordance with the opinion of the Manage­ concluded . ment Committee for Milk and Milk Products, Before taking delivery, the purchaser shall :

— pay the purchase price of the butter, — give a packing security in an amount of 75 units of account per 100 kilograms. HAS ADOPTED THIS REGULATION : Except in case of force majeure, if the purchaser has not taken delivery of the butter within the limit speci­ fied, the sale shall be cancelled in respect of the Article 1 remaining quantities.

1 . The Member States shall , subject to the condi­ Article 3 tions laid down in this Regulation and, in particular, to the maximum quantities specified in paragraph 2 : 1 . Butter from private storage shall qualify for aid of 70 units of account per 100 kilograms. (a) sell at a reduced price butter which has been the 2. The person who concluded the storage contract subject of the measures provided for in Article 6 shall , before 5 December 1977, submit an application ( 1 ) of Regulation (EEC) No 804/68 and has been for removal from storage to the intervention agency stored for at least four months ; with which he concluded the contract, stating the (b) grant aid in respect of butter which has been , quantities of butter he proposes to remove from during the 1977/78 milk year, the subject of a storage and specifying its characteristics in the storage contract pursuant to Article 8 (2) of Regula­ manner determined by the intervention agency, and tion (EEC) No 985/ 68 and which has been stored the date fixed for removal from storage . under contract for at least four months on the date The agency shall without delay issue an acknowledge­ of the appplication referred to in Article 3 (2). ment of receipt authorizing or refusing, where appro­ (>) OJ No L 190 , 14 . 7 . 1976 , p. 1 . priate in part, in accordance with Article 4, removal (2) See page 29 of this Official Journal . from storage in pursuance of this Regulation .

No L 277 / 18 29 . 10 . 77 Official Journal of the European Communities

Article 4 — Boter tegen verlaagde prijs (Verordening (EEG) nr. 2370/77)', The Member States shall take the appropriate steps to — 'Smør til nedsat pris (forordning ( EØF) nr. ensure as far as possible a balanced distribution of the 2370/77)', quantities of butter referred to in Article 1 , having regard in particular to the quantity of butter normally — Burro a prezzo ridotto (regolamento (CEE) n . sold by the parties concerned for direct consumption . 2370/77)'.

Article5¶

1 . The butter shall be used exclusively for direct 1 . If the butter is resold, the obligations as regards consumption in the Member State where removal the use to be made of the butter and the latest date for from storage takes place . packing shall be incorporated in the contract of sale .

For the purposes of this Regulation, Belgium and Such contracts shall be drawn up in writing and shall Luxembourg shall be regarded as a single Member specify that the purchaser is aware of the penalties State . imposed by the relevant Member State for breaches of the aforesaid obligations . 2. The butter shall be marketed in packets weighing not more than 500 grams, bearing on the 2. Holders of butter shall keep stock records setting upper surface, in letters at least 5 mm high : out in respect of each delivery the name and address (a) one or more of the following designations : of the purchaser and the quantity purchased.

— ' Christmas butter', 3 . However, at the retail stage a record of quantities — ' Beurre de Noel', purchased shall suffice . The retail trade may only sell — 'Weihnachtsbutter', the butter for direct consumption .

— ' Kerstboter , Article 8 — 'Julesmer , — ' Burro di Natale' ; With regard to butter from private storage, the provi­ (b) the maximum price referred to in Article 1 1 (2), sions of Regulation (EEC) No 1687/76 shall apply where the Member State concerned has fixed such from the date when the butter is removed from a price pursuant to that provision . storage .

However, the Member States may fix the maximum Article 9 weight referred to above at 250 grams .

3 . The butter shall be packed before 31 December For the purposes of Regulation ( EEC) No 1687/76 the 1977, in the Member State where the butter is to be butter shall be considered as having complied with offered for sale for direct consumption , and in an esta­ the prescribed use and/or destination when it is esta­ blishment approved for the purpose by the Member blished that it has been put up in small packets and State concerned and on the conditions determined by taken over by the retail trade in the Member State that Member State . where it was removed from storage.

Article6¶

1 . The butter shall remain in its original packing The aid provdided for in Article 3 ( 1 ) shall be paid until it is put up in small packets. only on production of the proof referred to in Article 12 of Regulation (EEC) No 1687/76, and in respect of It shall be accompanied by a list of the packages the quantities specified in such documents . enabling the butter to be identified and specifying the date of removal from storage . Article 11 2. Packages containing butter in bulk or put up in small packets shall bear, in tetters at least 2 cm high, 1 . The Member States shall take all necessary steps one or more of the following designations : to ensure that the effect of the price reduction or aid — 'Butter at reduced price (Regulation (EEC) No is felt at the retail stage . 2370/77)', 2 . To this end, Member States shall fix a maximum — ' Beurre a prix réduit (règlement (CEE) n° retail price for the butter. 2370/77)', — Butter zur herabgesetzten Preisen (Verordnung However, the Member States may substitute for such a (EWG) Nr. 2370/77)', provision other provisions of equivalent effect.

29 . 10 . 77 No L 277/ 19 Official Journal of the European Communities

Article 12 5. The provisions of Regulation (EEC) No 1687/76 shall apply with effect from the date when the butter 1 . Subject to the conditions laid down in this is put up in small packs . Article and to a maximum of 7 000 tonnes, Italy shall grant aid of 70 units of account per 100 kilograms for Article 13 the direct consumption of Italian Butter manufactured from cream . Member States shall inform the Commission on the Tuesday of each week : 2. The holders of the butter involved shall , before — of the quantities of butter from public storage 10 December 1977, send an application for aid to the which have been the subject of contracts of sale Italian intervention agency setting the quantity, the with the intervention agency pursuant to this Regu­ date and the packing centre where the butter is to be lation , put up in small packets . — of the quantities of butter from private storage in 3 . The Italian intervention agency shall as soon as respect of which the Member State has issued possible after the butter concerned has been acknowledgments of receipt as provided for in the purchased and put up for sale for direct consumption , second subparagraph of Article 3 (2), or in the case authorize or refuse, where appropriate in part, the aid of Italy, the document provided for in Article 12 referred to in paragraph 1 . (3) specifying the quantities authorized or refused .

4. The provisions of Articles 4, 5, 7, 9 , 10 and 1 1 of Article 14 this Regulation shall apply to the distribution of the quantity of butter referred to in paragraph 1 , its pack­ This Regulation shall enter into force on the day aging in small packets, its marketing and the payment following its publication in the Official Journal of of the aid . the European Communities.

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

Done at Brussels, 28 October 1977 .

For the Commission

Finn GUNDELACH

Vice-President