2191/81 - - - I
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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
(OJ No L 213, 1. 8. 1981, p. 20)
Amended by:
Official Journal
No page date
Commission Regulation (EEC) No 2429/81 of 21 August 1981 L 242 5 25. 8. 1981Commission Regulation (EEC) No 3205/81 of 10 November 1981 L 322 16 11. 11. 1981Commission Regulation (EEC) No 1333/82 of 28 May 1982 L 150 78 29. 5. 1982Commission Regulation (EEC) No 269/83 of 1 February 1983 L 31 5 2. 2. 1983Commission Regulation (EEC) No 1446/83 of 3 June 1983 L 146 18 4. 6. 1983Commission Regulation (EEC) No 3514/83 of 13 December 1983 L 351 13 14. 12. 1983Commission Regulation (EEC) No 889/84 of 31 March 1984 L 91 56 1. 4. 1984Commission Regulation (EEC) No 1373/84 of 17 May 1984 L 132 30 18. 5. 1984Commission Regulation (EEC) No 1365/85 of 24 May 1985 L 139 20 27. 5. 1985Commission Regulation (EEC) No 3812/85 of 20 December 1985 L 368 3 31. 12. 1985Commission Regulation (EEC) No 1665/86 of 28 May 1986 L 145 48 30. 5. 1986Commission Regulation (EEC) No 2402/86 of 30 July 1986 L 208 22 31. 7. 1986Commission Regulation (EEC) No 442/88 of 17 February 1988 L 45 25 18. 2. 1988Commission Regulation (EEC) No 1679/89 of 14 June 1989 L 164 14 15. 6. 1989Commission Regulation (EEC) No 1497/91 of 3 June 1991 L 140 19 4. 6. 1991Commission Regulation (EEC) No 1666/93 of 29 June 1993 L 158 24 30. 6. 1993Commission Regulation (EEC) No 1756/93 of 30 June 1993 L 161 48 2. 7. 1993Commission Regulation (EC) No 2029/94 of 8 August 1994 L 206 7 9. 8. 1994Commission Regulation (EC) No 3337/94 of 23 December 1994 L 350 66 31. 12. 1994Commission Regulation (EC) No 455/95 of 28 February 1995 L 46 31 1. 3. 1995
2191/81 - - - I
ICOMMISSION 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 COMMU-
NITIES,
Having regard to the T reaty 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),a sl a s ta m e n d e db yt h eA c t
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 agri-
culture(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 main-
tain 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
m a r k e t ,s oa st oe n a b l et h a tp r o d u c tt ob ep u r c h a s e da ta
reduced price, in particular by non-profit-making institu-
tions 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 or-
ganizations(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),a sl a s ta m e n d e db yt h eA c t
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
s u p p l i e ri nt h a tM e m b e rS t a t e ;
Whereas care should be taken to ensure that aid under
this Regulation is not duplicating aid for direct consump-
tion, in pursuance of Council Regulation (EEC)
No 1269/79 of 25 June 1969(8),a sl a s ta m e n d e db yR e -
gulation (EEC) No 854/81(9), or duplicating the reduction
of the special levy, in pursuance of Council Regulation
(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.
2191/81 - - - I
II(EEC) No 858/81 of 1 April 1981(10),i nt h ec a s eo fN e w
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 Commis-
sion of the methods they adopt to implement the measures
provided for in this Regulation;
Whereas Article 4 (1) of Regulation (EEC) No 878/77
provides that, as regards the effect on rights and obliga-
tions 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 im-
plementation of Regulation (EEC) No 653/68 on condi-
tions for alterations to the value of the unit of account
used for the common agricultural policy(11)are to apply;
whereas, under Article 4 (2) of Regulation (EEC) No1134/68, 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 abo-
vementioned provisions; whereas, as regards the conversion
into national currency of the aid provided for in this Re-
gulation, 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 Com-
mittee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
(10)OJ No L 90, 4. 4. 1981, p. 14.
(11)OJ No L 188, 1. 8. 1968, p. 1.
2191/81 - - - I
1Article 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 Regula-
tion.
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 lo-
cated, 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 Ar-ticle 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 according-
ly.
— 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 para-
graph 3 (a) only if he undertakes:
(a) to keep records showing in particular the names of
the manufacturer of the butter, the names and ad-
dresses 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 re-
gards 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 ECU 139 per 100 kg
of butter.
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 last2191/81
455/95
2191/81
455/95
455/95
2191/81 - - - I
2month 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 provided for in paragraph 1 may not be
granted, in the case of the United Kingdom, at the same
time as the reduction in the special levy provided for in
Article 3 (1) of Regulation (EEC) No 3667/83.
T o that end, the amount of the aid provided for in para-
graph 1 shall be reduced by the amount of the said reduc-
tion in the special levy.
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
o ft h eb u t t e rt ob es u b s t a n t i a t e d ;
(c) the proper fulfilment of commitments entered into at
t h et i m eo fa n yp r e v i o u sa l l o c a t i o n .
3. The voucher shall indicate, in particular:
(a) the name and address of the institution or organiz-
ation concerned and, where appropriate, of the auth-
orized agent;
(b) the maximum number of consumers for which the in-
stitution or organization concerned is responsible;
(c) the maximum quantity of butter to which it gives en-
titlement;
(d) the month and the year for which it is valid.1756/93 - - - deleted
442/88
2191/81
2191/81 - - - I
34. The maximum quantity of butter referred to in para-
graph 3 (c) shall be 2 kilograms per month and per con-
sumer in the recipient establishment.
5. The voucher shall be valid for the calendar monthindicated 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 indi-
cated thereon.
6. The competent authority may issue vouchers only in
respect of a period not exceeding 12 months.
7. The voucher shall not give entitlement to the aid un-
less:
(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 in-
voice 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˚2191/81’,
‘Smør til nedsat pris i henhold til forordning (EØF) nr.
2191/81’,442/88
455/95
2191/81
1497/91
2191/81 - - - I
4‘Verbilligte Butter gemäß Verordnung (EWG) Nr. 2191/81’,
‘Βούτυρο σε μειωμένη τιμή πωληθέν βάσει του
κανονισμού (ΕΟΚ )αριθ .2191/81’.
‘Burro a prezzo ridotto venduto in conformità al regola-
mento (CEE) n. 2191/81’,
‘Boter tegen verlaagde prijs overeenkomstig Verordening
(EEG) nr. 2191/81’.
‘Mantequilla a precio reducido en base al Reglamento(CEE) n ˚2191/81’.
‘ Asetuksen (ETY) N:o 2191/81 mukaisesti alennettuun hin-
taan myyty voli’,
‘Smör till nedsatt pris i enlighet med förordning (EEG) nr
2191/81’.
2. Any packs or individual portions contained in thepackages shall bear one or more of the following endorse-
ments:
‘Resale prohibited’,‘Revente interdite’,
‘Videresalg forbudt’,
‘Weiterverkauf verboten’,
‘Απαγορεύεται 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 applica-
tion for aid may be made.
Article 6
T h eM e m b e rS t a t e ss h a l li n s t i t u t ea l lt h en e c e s s a r yc o n t r o l
measures to ensure that the provisions of this Regulation
are complied with, in particular by checks on the commer-
cial 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 Ar-
ticle 2 (3) (a);
(1)OJ No L 172, 12. 7. 1977, p. 17.2191/81
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3337/94
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3812/85
3337/94
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269/83
2191/81 - - - I
5(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 fol-
lowing its publication in the Official Journal of the Euro-
pean Communities.269/83
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2191/81