31979R0086

No L 13 / 18 19 . 1 . 79 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 86/79 of 18 January 1979 amending Regulation (EEC) No 232/75 on the sale of butter at reduced prices for use in the manufacture of pastry products and ice-cream

THE COMMISSION OF THE EUROPEAN 'Article 2 COMMUNITIES, The butter shall be sold : Having regard to the Treaty establishing the European (a) by means of a standing invitation to tender Economic Community, opened by each intervention agency in respect of the quantities of butter in question held by Having regard to Council Regulation (EEC) No it ; 804/68 of 27 June 1968 on the common organization (b) at a fixed price, ex cold store, in accordance of the market in milk and milk products ('), as last with Article 13a (2) (b).' amended by Regulation (EEC) No 1761 /78 (2), and in particular Articles 6 (7) and 28 thereof, Article 3 Whereas Commission Regulation (EEC) No 232/75 of 30 January 1975 (3), as last amended by Regulation The following paragraph 3 is added to Article 5 : (EEC) No 52/79 (4), provided for the sale by tender of butter intended for use in the manufacture of pastry '3 . In the case of sale at a fixed price, referred to products and ice-cream ; whereas it is appropriate to in Article 2 (b), the possibility of the sampling adopt a corresponding measure for the sale of the provided for in paragraph 2 shall also be open to butter concerned at a fixed price in order that the the interested party before the conclusion of the processing industry may temporarily obtain supplies, contract to purchase referred to in Article 13a ( 1 ).' in certain special circumstances which exist particu­ larly in the United Kingdom, and in a situation of Article 4 rising stocks of butter, outside the tendering proce­ dure ; The following paragraph 4 is added to Article 6 : Whereas, to this end, it is appropriate to supplement '4. In the case of sale at a fixed price : the provisions of Regulation (EEC) No 232/75 by laying down the rules for direct sale at a fixed price ; (a) the butter shall be sold only to those persons whereas this price should be established in such a way who give the written undertakings referred to as to ensure priority to sale by tender ; in paragraph 1 ; (b) the provisions of paragraphs 2 and 3 shall Whereas the measures provided for in this Regulation apply ; ? re in accordance with the opinion of the Manage­ (c) the date of taking over referred to in paragraph ment Committee for Milk and Milk Products, 1 (d) and in the first subparagraph of paragraph 2 which shall be taken into consideration shall be the date referred to in Article 13b (4).' HAS ADOPTED THIS REGULATION : Article 5

Article1¶

Regulation (EEC) No 232/75 is amended in accor­ Article 13a dance with this Regulation .

In the case of sale at a fixed price, referred to in Article 2 Article 2 (b) :

1 . Requests to purchase may be submitted to, and Article 2 is replaced by the following Article : contracts to purchase may concluded with, the intervention agency only during the week (•) OJ No L 148 , 28 . 6. 1968 , p. 13 . beginning the Monday following the closing (2) OJ No L 204, 28 . 7. 1978 , p. 6. date for the submission of the tenders referred (3) OJ No L 24, 31 . 1 . 1975, p. 45. («) OJ No L 8 , 12. 1 . 1979, p. 10 . to in Article 4 (2) (selling period).

19 . 1 . 79 No L 13/ 19 Official Journal of the European Communities

2. The butter shall be sold : 3 . On payment of the purchase price and when the processing security has been lodged, the inter­ (a) in quantities of at least five tonnes ; vention agency shall issue a removal warrant indi­ cating :

(b) ex cold store at a price: equal to the — the quantity in respect of which these condi­ minimum selling price fixed, in accordance tions have been satisfied, with Article 9 ( 1 ) for the particular invita­ — the store in question, tion to tender immediately preceding the selling period, increased by three units of — the latest date for taking delivery, account per 100 kilograms. However, the — the date of expiry of the selling period during reduction in price of 14 units of account which the butter has been purchased. per 100 kilograms provided for in the second subparagraph of Article 1 1 (2) shall 4. The purchaser shall take delivery of the apply to the purchaser who has undertaken to observe the conditions laid down in the butter within 30 days from the date of the conclu­ sion of the contract of sale . Delivery may be taken said provisions. in instalments .

3. Requests to purchase which reach the interven­ 5. Save in cases of force majeure, if the tion agency on the same day shall be deemed purchaser has not taken delivery of the butter to have been submitted at the same time . If, within the prescribed period, the contract of sale after taking such requests into account, it is shall be cancelled in respect of the quantities not found that they exceed the quantity available in taken and the payment on account shall be for­ a store, then, failing an amicable arrangement feited in respect of those quantities.' with the interested parties, the intervention agency shall allocate the available quantity by the drawing of lots. Article 6

4. The contracts to purchase shall incorporate : The following Article 20a is inserted :

— the undertakings laid down in Article 6 (4), 'Article 20a — an indication of the anticipated use to which the butter will be put, in accordance The Member States shall communicate to the with Article 7 (2) (c), Commission, no later than the 15th day of every month, the quantities of butter which under this — the declaration of the purchaser, laid down Regulation and during the preceding month : in Article 7 (4) (b), to forgo any claim . — have been the subject of a contract of sale, — have been allocated under the tendering proce­ dure, Article 13b \ — have been removed from store, divided up according to the methods of sale laid down in 1 . The intervention agency shall sell the butter this Regulation .' only if, no later than the date of conclusion of the contract of sale, a payment on account is made of five units of account per 100 kilograms in respect Article 7 of the total quantity covered by the contract.

This Regulation shall enter into force on the day of its 2. The receipt of each quantity which the publication in the Official Journal of the European purchaser intends to withdraw, shall be condi­ Communities. tional on : It shall be applicable until 4 March 1979 . (a) payment of the balance of the purchase price ;

(b) the lodging of a processing security the The first period of sale referred to in Article 13a ( 1 ) of amount of which shall be equal to that laid Regulation (EEC) No 232/75 shall commence, by way down pursuant to Article 9 (2) for the parti­ of derogation from the said provisions, on Friday, 19 cular tendering procedure immediately January 1979 and shall terminate on Wednesday, 24 preceding the selling period . January 1979 .

No L 13 /20 Official Journal of the European Communities 19 . 1 . 79

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

Done at Brussels, ,18 January 1979 .

For the Commission

Finn GUNDELACH Vice-President