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"BCOMMISSION REGULATION (EEC) No 2191/81
of 31 July 1981
on the granting of aid for the purchase of butter by non-profit-making institutions and organizations
(OJ L 213, 1.8.1981, p. 20)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 2429/81 of 21 August 1981 L 242 5 25.8.1981
"M2 Commission Regulation (EEC) No 3205/81 of 10 November 1981 L 322 16 11.11.1981
"M3 Commission Regulation (EEC) No 1333/82 of 28 May 1982 L 150 78 29.5.1982
"M4 Commission Regulation (EEC) No 269/83 of 1 February 1983 L 31 5 2.2.1983
"M5 Commission Regulation (EEC) No 1446/83 of 3 June 1983 L 146 18 4.6.1983
"M6 Commission Regulation (EEC) No 3514/83 of 13 December 1983 L 351 13 14.12.1983
"M7 Commission Regulation (EEC) No 889/84 of 31 March 1984 L 91 56 1.4.1984
"M8 Commission Regulation (EEC) No 1373/84 of 17 May 1984 L 132 30 18.5.1984
"M9 Commission Regulation (EEC) No 1365/85 of 24 May 1985 L 139 20 27.5.1985
"M10 Commission Regulation (EEC) No 3812/85 of 20 December 1985 L 368 3 31.12.1985
"M11 Commission Regulation (EEC) No 1665/86 of 28 May 1986 L 145 48 30.5.1986
"M12 Commission Regulation (EEC) No 2402/86 of 30 July 1986 L 208 22 31.7.1986
"M13 Commission Regulation (EEC) No 442/88 of 17 February 1988 L 45 25 18.2.1988
"M14 Commission Regulation (EEC) No 1679/89 of 14 June 1989 L 164 14 15.6.1989
"M15 Commission Regulation (EEC) No 1497/91 of 3 June 1991 L 140 19 4.6.1991
"M16 Commission Regulation (EEC) No 1666/93 of 29 June 1993 L 158 24 30.6.1993
"M17 Commission Regulation (EEC) No 1756/93 of 30 June 1993 L 161 48 2.7.1993
"M18 Commission Regulation (EC) No 2029/94 of 8 August 1994 L 206 7 9.8.1994
"M19 Commission Regulation (EC) No 3337/94 of 23 December 1994 L 350 66 31.12.1994
"M20 Commission Regulation (EC) No 455/95 of 28 February 1995 L 46 31 1.3.1995
"M21 Commission Regulation (EC) No 2196/95 of 18 September 1995 L 221 1 19.9.1995
"M22 Commission Regulation (EC) No 1207/98 of 10 June 1998 L 166 37 11.6.1998
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1981R2191 — EN — 18.06.1998 — 003.001 — 1
COMMISSION REGULATION (EEC) No 2191/81
of 31 July 1981
on the granting of aid for the purchase of butter by non-profit-
making institutions and organizations
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968
on the common organization of the market in milk and milk products (1),
as last amended by the Act of Accession of Greece, and in particular
Articles 12 (3) and 28 thereof,
Having regard to Council Regulation (EEC) No 878/77 of 26 April 1977
on the exchange rates to be applied in agriculture (2), as last amended by
Regulation (EEC) No 850/81 (3), and in particular Article 4 (3) thereof,
Whereas Council Regulation (EEC) No 1723/81 of 24 June 1981 laying
down general rules on measures to maintain the level of utilization of
butter by certain categories of consumers and industries (4) provides for
the possibility of granting aid in respect of butter available on the market,
so as to enable that product to be purchased at a reduced price, in
particular by non-profit-making institutions and organizations;
Whereas the relatively small quantities of butter at present in public
stocks will shortly lead to sales from public stocks being suspended by
virtue of Commission Regulation (EEC) No 1717/72 of 8 August 1972
on the sale of butter at a reduced price to non-profit-making institutions
and organizations (5), as last amended by Regulation (EEC)
No 3474/80 (6); whereas, in these circumstances, recourse should be
had to Regulation (EEC) No 1723/81 by making provision for the
granting of aid for butter purchased by non-profit-making institutions
and organizations;
Whereas, however, aid should only be granted in respect of butter
meeting the top-grade requirements referred to in Article 1 (3) (b) of
Council Regulation (EEC) No 985/68 laying down general rules for
intervention on the market in butter and cream (7), as last amended by the
Act of Accession of Greece; whereas, for reasons of control, the aid
should be limited to butter purchased in the Member State of the
beneficiary from an approved supplier in that Member State;
Whereas care should be taken to ensure that aid under this Regulation is
not duplicating aid for direct consumption, in pursuance of Council
Regulation (EEC) No 1269/79 of 25 June 1969 (8), as last amended by
Regulation (EEC) No 854/81 (9), or duplicating the reduction of the
special levy, in pursuance of Council Regulation (EEC) No 858/81 of 1
April 1981 (10), in the case of New Zealand butter marketed in the United
Kingdom;
Whereas, to facilitate supervision, the marking to be shown on the
packages of the butter qualifying for aid should be specified;
Whereas the Member States should inform the Commission of the
methods they adopt to implement the measures provided for in this
Regulation;!B
(1) OJ No L 148, 28. 6. 1968, p. 13.
(2) OJ No L 106, 29. 4. 1977, p. 27.
(3) OJ No L 90, 4. 4. 1981, p. 1.
(4) OJ No L 172, 30. 6. 1981, p. 14.
(5) OJ No L 181, 9. 8. 1972, p. 11.
(6) OJ No L 363, 31. 12. 1980, p. 50.
(7) OJ No L 169, 18. 7. 1968, p. 1.
(8) OJ No L 161, 29. 6. 1979, p. 8.
(9) OJ No L 90, 4. 4. 1981, p. 18.
(10) OJ No L 90, 4. 4. 1981, p. 14.1981R2191 — EN — 18.06.1998 — 003.001 — 2
Whereas Article 4 (1) of Regulation (EEC) No 878/77 provides that, as
regards the effect on rights and obligations existing at the moment when
the representative rate is altered, the provisions of Council Regulation
(EEC) No 1134/68 of 30 July 1968 laying down rules for the
implementation of Regulation (EEC) No 653/68 on conditions for
alterations to the value of the unit of account used for the common
agricultural policy (1) are to apply; whereas, under Article 4 (2) of
Regulation (EEC) No 1134/68, the sums referred to in the said Article
are to be paid at the conversion rate which obtained at the time when the
transaction or part transaction is carried out; whereas, however, by virtue
of Article 4 (3) of Regulation (EEC) No 878/77, derogations may be
made from the abovementioned provisions; whereas, as regards the
conversion into national currency of the aid provided for in this
Regulation, the representative rate adopted should be the rate in force on
the first day of the month for which the voucher which gives entitlement
to the aid is valid;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Milk and Milk
Products,
HAS ADOPTED THIS REGULATION:
Article 1
1. Aid shall be granted for butter purchased by the non-profit-making
institutions and organizations of the Member States, subject to the
conditions laid down in this Regulation.
2. Each Member State may select from among the non-profit-making
institutions and organizations located in its territory those, hereinafter
referred to as ‘beneficiaries’, which are to receive reduced-price butter.
3. Such aid may be granted only in respect of:(a) butter, which is purchased in the Member State in which the main
establishment of the beneficiary is located, from a supplier, packer or
importer, hereinafter referred to as ‘supplier’, approved for the
purpose by the competent body in that Member State; and
(b) — butter which, in the manufacturing Member State, satisfies the
conditions laid down in Article 6 (2) of Regulation (EEC) No
804/68 and the requirements of the national quality class listed
in Annex II to Regulation (EC) No 454/95 and the packaging of
which is marked accordingly.
— New Zealand butter sold in the United Kingdom which
corresponds to top-grade butter in that Member State.
4. A supplier may be approved for the purposes of paragraph 3 (a) only
if he undertakes:
(a) to keep records showing in particular the names of the manufacturer
of the butter, the names and addresses of the beneficiaries and the
quantities of butter which have been sold to them as well as the serial
numbers of the corresponding vouchers referred to in Article 3; and
(b) to submit to the supervision procedures determined by the Member
State concerned, particularly as regards verification of the records
and control of the quality of the butter.
Approval shall be withdrawn if a serious infringement of this Regulation
is established.
Article 2
1. The amount of the aid shall be
"M22 ECU 105 3per 100 kg of
butter.!B
(1) OJ No L 188, 1. 8. 1968, p. 1.!M20
!B
!M201981R2191 — EN — 18.06.1998 — 003.001 — 3
In the case of the butter referred to in the third indent of Article 6 (2) of
Regulation (EEC) No 804/68, the amount of the aid laid down in the
preceding subparagraph shall be multiplied by 0,9756.
Should the aid amount be changed, the new amount shall apply to all
deliveries of butter made on the basis of the voucher valid for the month
following the month in which the new amount was fixed.
However, in the case of a voucher that is valid for more than one month,
if the new amount is fixed before the last month in which the voucher is
valid, the new amount shall apply to all deliveries of butter made after the
beginning of the month following the month in which the new amount
was fixed.
3. The aid referred to in paragraph 1 shall not be granted in addition to
the reduction in duty on New Zealand butter referred to in Annex I of
Commission Regulation (EC) No 1600/95 (1). The amount of aid referred
to in paragraph 1 shall therefore be reduced by the amount of the
difference between the Common Customs Tariff duty for butter and the
reduced duty.
Article 3
1. Aid shall be granted to the butter supplier, at his written request and
on submission of a voucher bearing a serial number issued by the
competent authority of the Member State.
Except in cases of force majeure , the application for aid and the
accompanying supporting documents, as provided for in paragraph 7,
must be submitted within 12 months from the first day of the calendar
month for which the voucher is valid.
2. The voucher shall be issued subject to:
(a) a written undertaking from the beneficiary to the competent
authority to make the butter available only to consumers for which
it is itself responsible and to pay back the amount of the aid where it
is established that the butter bought under this Regulation has been
deflected from its intended use;
(b) an undertaking to make available to the competent authority on
request the records which enable the use of the butter to be
substantiated;
(c) the proper fulfilment of commitments entered into at the time of any
previous allocation.
3. The voucher shall indicate, in particular:(a) the name and address of the institution or organization concerned
and, where appropriate, of the authorized agent;
(b) the maximum number of consumers for which the institution or
organization concerned is responsible;
(c) the maximum quantity of butter to which it gives entitlement;
(d) the month and the year for which it is valid.
4. The maximum quantity of butter referred to in paragraph 3 (c) shall
be 2 kilograms per month and per consumer in the recipient establish-
ment.!M20
(1) OJ No L 151, 1. 7. 1995, p. 12.!M17
!M21
!B
!M131981R2191 — EN — 18.06.1998 — 003.001 — 4
!M20
5. The voucher shall be valid for the calendar month indicated on it.
However, taking over may be done from the 20th day of the month
preceding the calendar month indicated on the voucher up to the 10th day
of the month following the calendar month indicated thereon.
The previous subparagraph notwithstanding, the Member States may
provide for a voucher validity of two or three calendar months. In such
cases, the months of validity must be indicated on the voucher and taking
over may be done from the 20th day of the month preceding the first
calendar month indicated on the voucher up to the 10th day of the month
following the last calendar month indicated thereon.
6. The competent authority may issue vouchers only in respect of a
period not exceeding "M15 12 months 3.
7. The voucher shall not give entitlement to the aid unless:(a) it contains an attestation by the beneficiary certifying that the
quantity of butter was actually bought and that delivery of it was
taken by means of that voucher; or
(b) it is accompanied by a duplicate of the receipted invoice or of the
delivery slip, countersigned by the beneficiary.
8. Payment of the aid shall be made by the competent authorities within
60 days from the date on which all the supporting documents are
submitted, except in cases of force majeure or where administrative
enquiries have been commenced concerning entitlement to the aid. In
such cases, payment shall be made only when the entitlement to the aid
has been accepted.
9. All supporting documents and a report of the controls referred to in
Article 6 shall be sent to the department or agency referred to in Article 4
of Regulation (EEC) No 729/70 responsible for payment of the aid.
Article 4
1. The butter shall be delivered to the beneficiary in packages bearing
in clear and indelible lettering one or more of the following
endorsements:
‘Butter at reduced price under Regulation (EEC) No 2191/81’,
‘Beurre à prix réduit vendu au titre du règlement (CEE) n
o2191/81’,
‘Smør til nedsat pris i henhold til forordning (EØF) nr. 2191/81’,
‘Verbilligte Butter gemäß Verordnung (EWG) Nr. 2191/81’,
‘Β/omikronύτυρ/omikron σε µειωµένη τιµή πωληθέν /betatwoάσει τ/omikronυ καν/omikronνισµ/omikronύ (Ε/OmikronΚ)
αριθ. 2191/81 ’.
‘Burro a prezzo ridotto venduto in conformità al regolamento (CEE) n.
2191/81’,
‘Boter tegen verlaagde prijs overeenkomstig Verordening (EEG) nr.
2191/81’.
‘Mantequilla a precio reducido en base al Reglamento (CEE) no
2191/81’.
‘Asetuksen (ETY) N:o 2191/81 mukaisesti alennettuun hintaan myyty
voli’,
‘Smör till nedsatt pris i enlighet med förordning (EEG) nr 2191/81’.
2. Any packs or individual portions contained in the packages shall
bear one or more of the following endorsements:
‘Resale prohibited’,
‘Revente interdite’,
‘Videresalg forbudt’,!B
!M10
!M19
!B1981R2191 — EN — 18.06.1998 — 003.001 — 5
‘Weiterverkauf verboten’,
‘Απαγ/omikronρεύεται η µεταπώληση ’,
‘Vietata la rivendita’,
‘Doorverkoop verboden’.
‘Reventa prohibida’.‘Jälleenmyynti kielletty’,
‘Återförsäljning förbjuden’.
Article 5
The Member States shall be authorized to determine a minimum quantity
of butter in respect of which an application for aid may be made.
Article 6
The Member States shall institute all the necessary control measures to
ensure that the provisions of this Regulation are complied with, in
particular by checks on the commercial documents and the stock records
of the supplier. These checks shall be implemented in accordance with
Council Directive 77/435/EEC (
1).
They shall inform the Commission:(a) within three months of the procedure for the controls adopted for the
butter at the different marketing stages and the measures taken in
accordance with Article 2 (3) (a);
(b) before the 20th day of each month, the quantities for which in the
course of the previous month:
— vouchers have been issued,— aid has been paid.
Article 7
The application of Regulation (EEC) No 1717/72 is hereby suspended,
save in respect of butter sold upon submission of certificates referred to
in Article 4 of Regulation (EEC) No 1717/72, issued prior to the entry
into force of this Regulation.
Article 8
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B
(1) OJ No L 172, 12. 7. 1977, p. 17.!M10
!M19
!B
!M4
!M1
!B1981R2191 — EN — 18.06.1998 — 003.001 — 6