31978R1901

5 . 8 . 78 Official Journal of the European Communities No L 216/43

COMMISSION REGULATION ( EEC) No 1901 / 78 of 4 August 1978 on the sale of butter at a reduced price during the 1978/79 milk year for direct consumption in the Community

THE COMMISSION OF THE EUROPEAN 1764/78 of 25 July 1978 on the granting of a COMMUNITIES, consumer subsidy for butter (5) provides for a subsidy for butter produced in Italy and intended for direct consumption there, so that Italian consumers may Having regard to the Treaty establishing the European benefit under comparable conditions from a reduction Economic Community, in the price of butter ; whereas it is therefore neces­ sary to adopt at the same time detailed rules for the Having regard to Council Regulation (EEC) No application of Regulation (EEC) No 1764/78 ; 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ( l), as last amended by Regulation (EEC) No 1761 /78 (2), and in whereas on the butter market in the United particular Articles 6 (7), 12 (3) and 28 thereof, Kingdom there are large stocks of imported butter which have a depressive effect on prices ; whereas the Having regard to Council Regulation (EEC) No market price is appreciably below the intervention 985/68 of 15 July 1968 laying down general rules for price ; whereas, to avoid a worsening of the situation intervention on the market in butter and cream (3), as on the United Kingdom market, this Regulation last amended by Regulation (EEC) No 2714/72 (4), and should not be applied to the United Kingdom, and a in particular Article 7a thereof, different solution should be found to enable consumers in this Member State to benefit from a similar reduction in the price of butter ; Whereas there are stocks of butter on the Community market resulting from intervention under Article 6 ( 1 ) and (2) of Regulation (EEC) No 804/68 ; Whereas when a Member State makes use of Council Regulation (EEC) No 880/77 of 26 April 1977 on the Whereas it will not be possible to dispose of all these granting of a consumer subsidy for butter (6), as last stocks of butter on normal terms during the present amended by Regulation (EEC) No 1040/78 (7), the milk year ; whereas continued storage should be measures provided for in this Regulation are to be avoided in view of the high cost involved ; whereas combined with the subsidy granted under the above­ steps should therefore be taken to facilitate disposal of mentioned Regulation ; this butter ;

Whereas the butter could be disposed of by selling it Whereas, to ensure an equitable distribution at a reduced price for direct consumption ; throughout the Community of the butter placed at the disposal of consumers in connection with this Whereas in view of the differing consumer tastes in measure, and to avoid disturbances of the market in different parts of the Community it seems appropriate certain Member States, maximum quantities to which to allow Member States the choice of either applying this measure may be applied in each Member State this measure for a longer period using a larger quan­ should be fixed for each alternative, taking into tity of butter from public stocks and granting a account the normal consumption in that Member smaller price reduction or to sell limited quantities of State ; whereas for administrative and control reasons butter from public stocks or private storage at a this system may be applied only where the butter is sharply reduced price but limiting the duration of the consumed in the Member State concerned and its measure ; distribution is carried out by the national authorities ;

Whereas, since Italy has on its territory no butter in public storage or in private storage under contract, Whereas butter sold under this Regulation should be and since production conditions there are such that clearly distinguished from other butter at all marketing stages ; whereas, to this end, it should be the butter price support mechanisms cannot prevent price distortions, Council Regulation (EEC) No provided that the butter is to be put up in small packets and within a specified time limit ; (•) OJ No L 148 , 28 . 6. 1968 , p. 13 . (A OJ No L 204, 28 . 7. 1978 , p. 6. (5) OJ No L 204, 28 . 7. 1978 , p. 10 . (3) OJ No L 169, 18 . 7. 1968 , p. 1 . (6) OJ No L 106, 29 . 4. 1977, p. 31 . (<) OJ No L 291 , 28 . 12. 1972, p . 15. (7) OJ No L 134, 22. 5. 1978 , p. 7.

No L 216/44 5 . 8 . 78 Official Journal of the European Communities

Whereas there must be supervision to ensure that the (b) shall grant a subsidy in respect of butur which butter is not diverted from its destination ; whereas during the milk year 1978/79 has been the subject the keeping of stock records at all marketing stages, of a storage contract in accordance with the provi­ the giving of a security and, in the case of butter from sions of Article 8 (2) of Regulation ( EEC) No private storage, the condition that aid is paid only if 985/68 , and which has been stored under contract certain requirements are met, will contribute to this for at least four months from the date of the appli­ end ; whereas, moreover, as regards butter from public cation referred to in Article 6 ( 2). storage the provisions of Commission Regulation (EEC) No 1687/76 of 30 June 1976 laying down 2. By way of derogation from paragraph 1 , so as not common detailed rules for verifying the use and/or to disadvantage the removal from store of privately destination of products from intervention ('), as last stored butter, those Member States choosing to use amended by Regulation (EEC) No 1 665/78 (2) apply ; formula A may replace a quantity of butter, not whereas the same provisions may be applied to butter exceeding 20 % of that fixed in Article 2 ( 1 ) as origi­ from private storage ; nating in public storage, by butter in private storage satisfying the conditions set out in paragraph 1 (b). Whereas information should be forwarded to the Commission at regular intervals to enable it to follow In this case, the butter shall , in accordance with condi­ the progress of the operation ; tions analogous to those set out in Article 6 (2) and in in the second indent of Article 8 , be granted an aid of Whereas the measures provided for in this Regulation 35 units of account per 100 kilograms. However, the are in accordance with the opinion of the Manage­ request for the removal from store shall be made to ment Committee for Milk and Milk Products, the intervention agency between 16 September and 31 December 1978 .

HAS ADOPTED THIS REGULATION : 3 . Italy shall use butter manufactured there from cream .

TITLE I Where formula A is used, this butter shall be granted an aid of 35 units of account per 100 kilograms . General provisions Those storing the butter shall make applications for aid to the Italian intervention agency between the date of entry into force of this Regulation and 31 December 1978 . Article 1

1 . Under the conditions laid down in this Regula­ Where formula B is used, the butter shall be granted tion, and subject to the maximum quantities specified an aid of 75 units of account per 100 kilograms. in Article 2, Member States shall, at their option, Those storing the butter shall make applications for aid to the Italian intervention agency during a period apply one or other of the following measures : to be fixed by Italy and falling between 16 September and 30 November 1978 . Formula A

In accordance with Articles 2, 3 and 4, they shall sell , Applications for aid shall state the origin of the butter, at a reduced price, butter which has been the subject the quantity and the date and place to be used for of the measures provided for in Article 6 ( 1 ) of Regula­ packing into small packets. In addition, the provisions tion (EEC) No 804/68 and has been put into the inter­ of Article 2 (2), the second subparagraph of Article 6 vention agency's coldstore before 15 July 1978 . (2), and those of Articles 7, 8 , 10, 11 and 12 shall apply. Formula B

In accordance with Articles 2, 5, 6 and 7 they : The provisions of Regulation (EEC) No 1687/76 shall apply from the day on which the butter is put into (a) shall sell, at a reduced price, butter which has been small packets. the subject of the measures provided for in Article 6 ( 1 ) of Regulation (EEC) No 804/68 and has been put into the intervention agency's coldstore before Article 2 15 July 1978 ;

(') OJ No L 190, 14. 7. 1976, p. 1 . 1 . The quantities referred to in Article 1 shall be as (2) OJ No L 192, 15 . 7 . 1978 , p. 49 . follows (in tonnes) :

5 . 8 . 78 No L 216/45 Official Journal of the European Communities

Formula B Member State Formula A Total Public storage Private storage quantity (minimum quantity) (maximum quantity)

8 900 4 150 1 450 2 700 Belgium Denmark 3 700 1 800 1 000 800 Germany 35 700 16 600 12 000 4 600 France 40 000 18 600 4 500 14 100 — — Italy 14 200 6 700 Ireland 3 500 1 600 — 1 600 Luxembourg 300 150 100 50 Netherlands 7 200 3 400 2 000 1 400

2. Member States shall take appropriate measures to 2. The butter shall be marketed in packets ensure, as far as possible, that there is an equitable weighing not more than 500 grams, bearing on the distribution of the quantities of butter specified in upper surface, in letters at least 5 mm high : paragraph 1 , in particular taking into account the quantity of butter normally disposed of for direct (a) one or more of the following : consumption by those concerned. — ' Intervention butter', — ' Interventionssmør , — 'Molkereibutter aus Interventionsbeständen , TITLE II —' ' Beurre d'intervention ', Detailed rules for formula A — ' Burro di intervento , — 'Koelhuisboter or ' Interventieboter ; Article 3 (b) such maximum price as has been set pursuant to Article 12 (2). 1 . Under formula A the butter shall be sold : However, Member States may fix the maximum (a) before 1 January 1979 ; weight at 250 grams. (b) ex coldstore at a price equal to the buying-in price applied by the intervention agency concerned on 3 . Within one month from the day on which it was the day when the contract of sale is concluded, taken over in accordance with Article 3 (3), the butter minus 35 units of account per 100 kilograms. shall be put up in packets in the Member State where / it is to be sold for direct consumption . Such putting 2. It shall be sold in lots of not less than five up shall take place at an establishment approved for tonnes . the purpose by the Member State concerned and under the conditions laid down by that Member State. 3 . It shall be taken over not later than 12 days after the contract of sale is concluded .

TITLE III Before taking it over, the purchaser shall :

— pay the purchase price of the butter, and Detailed rules for formula B — give a packing security of 40 units of account per 100 kilograms . Article 5 Except in cases of force majeure, the sale shall be cancelled in respect of any quantities not taken over 1 . Under formula B butter from public storage shall by the purchaser within the specified time limit. be sold ex coldstore at a price equal to the buying-in price applied by the intervention agency concerned on the day when the contract of sale is concluded, Article 4 minus 75 units of account per 100 kilograms.

It shall be sold in lots of not less than five tonnes. 1 . The butter shall be used exclusively for direct consumption as such on the territory of the Member State where it is held, or, in the case of butter from 2. The contracts of sale shall be concluded within a private stocks, on the territory of the Member State of period fixed by the Member State concerned and the intervention agency referred to in Article 6 (2). falling between 16 September and 30 November 1978 .

No L 216/46 Official Journal of the European Communities 5 . 8 . 78

3 . It shall be taken over not later than 12 days after 3 . The butter shall be put up in packets within one the contract of sale is concluded . month from, depending on the case, either the day when the butter was taken over in accordance with Before taking it over, the purchaser shall : Article 5 (3) or the day of the acknowledgement of receipt referred to in the second subparagraph of — pay the purchase price of the butter, and Article 6 (2). — give a packing security of 80 units of account per 100 kilograms . Such putting up shall take place in the Member State where the butter is to be sold for direct consumption, Except in cases of force majeure, the sale shall be at an establishment approved for the purpose by the cancelled in respect of any quantities not taken over Member State concerned and under the conditions by the purchaser within the specified time limit. laid down by that Member State .

Article 6 TITLE IV 1 . Butter from private storage sold under formula B Supervision shall qualify for aid at the rate of 75 units of account per 100 kilograms. Article 8 2. The signatory of the storage contract shall, within period fixed by the Member State concerned in As regards butter from private storage : accordance with Article 5 (2), make an application for the removal from store to the intervention agency — the provisions of Regulation (EEC) No 1687/76 with which he concluded the contract, indicating in shall apply from the day on which it is removed accordance with the conditions laid down by the inter­ from storage, vention agency the quantities of butter he proposes to — the aid referred to in Article 6 ( 1 ) shall be paid remove from storage and its characteristics and giving only on presentation of the proof referred to in the date for removal from storage. Article 12 of Regulation (EEC) No 1687/76 and in respect of the quantities covered by that docu­ The agency shall forthwith issue an acknowledgement ment . of receipt permitting or refusing, in whole or in part, in accordance with Article 2 (2), removal from storage pursuant to this Regulation . Article 9

1 . The butter shall remain in its original packing Article 7 until it is put up in small packets.

1 . The butter shall be used exclusively for direct It shall be accompanied by a list of the parcels or consumption on the territory of the Member State packages enabling it to be identified and specifying where it is held, or, in the case of butter from private the date of its removal from storage. stocks, on the territory of the Member State of the intervention agency referred to in Article 6 (2). 2. Packages containing either butter in bulk or in small packets shall bear, in letters at least 2 cm high, 2. The butter shall be marketed in packets one or more of the following inscriptions : weighing not more than 500 grams, bearing on the upper surface in letters at least 5 mm high : — 'Butter at reduced price (Regulation (EEC) No 1901 /78)', (a) one or more of the following : — Smør til nedsat pris (forordning (EØF) nr. — 'Special EEC sale', 1901 /78)', — 'Saerligt EØF-salg , — 'Verbilligte Butter (Verordnung (EWG) Nr. — ' EWG-Sonderverkauf , 1901 /78)', — 'Vente spéciale CEE , — Beurre a prix réduit (règlement (CEE) n° 1901 /78)', — 'Vendita speciale CEE , — Burro a prezzo ridotto (regolamento (CEE) n . — 'Speciale verkoop EEG ; 1901 /78)', (b) such maximum price as has been set pursuant to — Boter tegen verlaagde prijs (Verordening (EEG) nr. Article 12 (2). 1901 /78)'.

However, Member States may fix the maximum weight at 250 grams. and in addition the words ' formula A or ' formula B'.

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Article 10 2. To this end, Member States shall fix a maximum retail price for butter. 1 . If the butter is resold, the requirements imposed as regards the end use of the butter and the final date However, Member States may in place of this obliga­ for packing shall be incorporated in the contract of tion subsitute other administrative provisions having sale . equivalent effect. Such contract shall be made in writing and shall specify that the purchaser is aware of the penalities Article 13 imposed by the Member State concerned in respect of breaches of the aforesaid obligations. Member States shall inform the Coommission : 2. Holders of butter shall keep stock records setting out in respect of each delivery the name and address 1 . not later than 1 September 1978 of the formula of the purchaser and the quantities purchased. which they have chosen pursuant to Article 1 ( 1 ) and, if formula B is chosen, of the period referred However, at the retail stage a record of quantities to in Articles 5 (2) and 6 (2) ; purchased shall suffice. The retail trade shall sell the butter only for direct consumption . 2. on the Tuesday of each week :

Article 11 — of the quantities of butter from public storage which have been the subject of contracts of sale The requirements of Regulation (EEC) No 1687/76 with the intervention agency pursuant to this regarding the use and/or destination of the butter Regulation, shall be considered to have been satisfied when the butter has been put up into small packets and taken — of the quantities of butter from private storage over by the retail trade in the Member State where it in respect of which the Member State has issued the document referred to in the second is held or, in the case of butter from private stocks, in the Member State of the intervention agency referred subparagraph of Article 6 (2). to in Article 6 (2).

Article14¶

1 . The Member States shall take all necessary steps This Regulation shall enter into force on the third day to ensure that the incidence of the price reduction or following its publication in the Official Journal of aid isV felt at the retail stage. the European Communities.

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

Done at Brussels, 4 August 1978 . For the Commission

Finn GUNDELACH Vice-President