3143/85 - - - I
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
COMMISSION REGULATION (EEC) No 3143/85
of 11 November 1985
on the sale at reduced prices of intervention butter intended for direct consumption in the form
of concentrated butter
(OJ No L 298, 12. 11. 1985, p. 9)
Amended by:
Official Journal
No page date
Commission Regulation (EEC) No 3338/85 of 28 November 1985 L 318 13 29. 11. 1985
Commission Regulation (EEC) No 3562/85 of 17 December 1985 L 339 34 18. 12. 1985Commission Regulation (EEC) No 3812/85 of 20 December 1985 L 368 3 31. 12. 1985Commission Regulation (EEC) No 713/86 of 6 March 1986 L 65 16 7. 3. 1986Commission Regulation (EEC) No 715/86 of 6 March 1986 L 65 18 7. 3. 1986Commission Regulation (EEC) No 1325/86 of 5 May 1986 L 117 14 6. 5. 1986Commission Regulation (EEC) No 1741/86 of 4 June 1986 L 151 20 5. 6. 1986Commission Regulation (EEC) No 2889/86 of 18 September 1986 L 267 13 19. 9. 1986Commission Regulation (EEC) No 3157/86 of 16 October 1986 L 294 8 17. 10. 1986Commission Regulation (EEC) No 569/87 of 26 February 1987 L 57 26 27. 2. 1987Commission Regulation (EEC) No 1096/87 of 21 April 1987 L 106 20 22. 4. 1987Commission Regulation (EEC) No 1807/87 of 29 June 1987 L 170 20 30. 6. 1987Commission Regulation (EEC) No 775/88 of 24 March 1988 L 80 31 25. 3. 1988Commission Regulation (EEC) No 2097/88 of 14 July 1988 L 184 19 15. 7. 1988Commission Regulation (EEC) No 3036/88 of 30 September 1988 L 271 93 1. 10. 1988Commission Regulation (EEC) No 231/89 of 30 January 1989 L 29 27 31. 1. 1989Commission Regulation (EEC) No 1560/89 of 5 June 1989 L 153 16 6. 6. 1989Commission Regulation (EEC) No 1953/89 of 30 June 1989 L 187 102 1. 7. 1989Commission Regulation (EEC) No 2690/89 of 6 September 1989 L 261 6 7. 9. 1989Commission Regulation (EEC) No 3060/91 of 18 October 1991 L 289 23 19. 10. 1991Commission Regulation (EEC) No 3683/91 of 17 December 1991 L 349 37 18. 12. 1991Commission Regulation (EEC) No 1264/92 of 18 May 1992 L 135 5 19. 5. 1992Commission Regulation (EEC) No 3774/92 of 23 December 1992 L 383 48 29. 12. 1992Commission Regulation (EEC) No 1665/93 of 29 June 1993 L 158 23 30. 6. 1993Commission Regulation (EEC) No 1756/93 of 30 June 1993 L 161 48 2. 7. 1993Commission Regulation (EC) No 1970/94 of 29 July 1994 L 198 112 30. 7. 1994
3143/85 - - - I
Commission Regulation (EC) No 3041/94 of 14 December 1994 L 322 15 15. 12. 1994
Commission Regulation (EC) No 3337/94 of 23 December 1994 L 350 66 31. 12. 1994Commission Regulation (EC) No 1802/95 of 25 July 1995 L 174 27 26. 7. 1995
3143/85 - - - I
ICOMMISSION REGULATION (EEC) No 3143/85
of 11 November 1985
on the sale at reduced prices of intervention butter intended for direct consumption in the form
of concentrated butter
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)as last amended by Regula-
tion (EEC) No 1298/85(2), and in particular Article 6 (7)
and 28 thereof,
Having regard to Council Regulation (EEC) No 985/68 of
15 July 1968, laying down general rules for intervention on
the market in butter and cream(3),a sl a s ta m e n d e db yR e -
gulation (EEC) No 3521/83(4), and in particular Article 7
(a) thereof,
Having regard to Council Regulation (EEC) No 974/71 of
12 May 1971 on certain measures of conjunctural policy to
be taken in agriculture following the temporary widening
of the margins of fluctuation for the currencies of certain
Member States(5), as last amended by Regulation (EEC)
No 2055/85(6), and in particular Article 6 thereof,
Having regard to Council Regulation (EEC) No 1079/77
of 17 May 1977 on a coresponsibility levy and on
measures for expanding the market in milk and milk prod-
ucts(7), as last amended by Regulation (EEC) No
1302/85(8), and in particular Article 4 thereof,
Whereas the situation on the butter market in the Com-
munity is characterized by the existence of large stocks
formed as a result of intervention on the butter market
under Article 6 (1) and (2) of Regulation (EEC) No
804/68;
Whereas the entire quantity of the butter constituting
these stocks cannot be disposed of in normal conditions
during the milk marketing year; whereas, in view of the
attendant high costs, a prolongation of storage should be
avoided; whereas measures should therefore be taken to
encourage the disposal of the butter;
Whereas consumption of this product can be increased by
means of sales at reduced prices in the form of concen-
trated butter; whereas various Community measures con-
taining provisions to this effect have been adopted since
1972;
Whereas the situation on the butter market warrants the
continuation and amplification of such measures; whereas,
in the view of the size of public stocks, priority should be
given to the disposal of the latter;
(1)OJ No L 148, 28. 6. 1968, p. 13.
(2)OJ No L 137, 27. 5. 1985, p. 5.
(3)OJ No L 169, 18. 7. 1968, p. 1
(4)OJ No L 352, 15. 12. 1983, p. 4.
(5)OJ No L 106, 12. 5. 1971, p. 1.
(6)OJ No L 193, 25. 7. 1985, p. 33.
(7)OJ No L 131, 26. 5. 1977, p. 6.
(8)OJ No L 137, 27. 5. 1985, p. 9.
3143/85 - - - I
IIWhereas Commission Regulation (EEC) No 649/78(1),a s
last amended by Regulation (EEC) No 1741/84(2), intro-
duced a system of sales at reduced prices for intervention
butter intended for direct consumption in the form of con-
centrated butter; whereas, in the light of experience gained
in the application of the said Regulation, numerous
amendments should be made to the latter; whereas, for the
sale of clarity, the said Regulation should be repealed and
replaced by a new text;
Whereas the reduction in the price of butter should be
such as to result in an increase in its consumption in the
form of concentrated butter and whereas, for this reason,
the effect of the reduction should be felt fully at the level
of direct consumption;
Whereas measures should be taken to ensure differenti-
ation at all stages of marketing between butter disposed of
under the terms of this Regulation and other butters;whereas, to this effect, provisions should be adopted con-
cerning the composition and description of concentrated
butter; whereas, in order to ensure compliance with the
aims of this Regulation, a time limit for the processing of
this butter into concentrated butter and for its packaging
should be fixed;
Whereas, moreover, a sufficiently high rate for the butter-
fat content should be laid down;
Whereas a supervisory system should be applied to ensure
that the butter is not used for purposes other than those
stipulated; whereas this Regulation should be included in
the Annex to Commission Regulation (EEC) No 1687/76
of 30 June 1976 laying down common detailed rules for
verifying the use and/or destination of products from inter-
vention
(3), as last amended by Regulation (EEC) No
26O2/85(4); whereas additional supervisory conditions
should also be laid down in view of the specific character
of the operation, particularly in connection with the pro-
cessing of the butter and as regards the keeping of stock
records by the parties concerned; whereas, however, these
supervisory measures should take place at the stage im-
mediately preceding the taking over by the retail sector;
Whereas, in particular, butter purchased under this Regula-
tion should not be diverted to the uses provided for by
Commission Regulation (EEC) No 262/79 of 12 February
1979 on the sale of butter at reduced prices for processing
into pastry products, ice cream and other foodstuffs(5),a s
last amended by Regulation (EEC) No 3021/85(6),a n db y
Commission Regulation (EEC) No 1932/81 of 13 July1981 on the granting of aid for butter or concentrated
butter for the manufacture of pastry products, ice cream or
other foodstuffs
(7), as last amended by Regulation (EEC)
No 453/85(8);
Whereas the Member States should communicate to the
Commission data relating to the disposal of butter under
this Regulation;
(1)OJ No L 86, 1. 4. 1978, p. 33.
(2)OJ No L 164, 22. 6. 1984, p. 20.
(3)OJ No L 190, 14. 7. 1976, p. 1.
(4)OJ No L 248, 17. 9. 1985, p. 12.
(5)OJ No L 41, 16. 2. 1979, p. 1.
(6)OJ No L 289, 31. 10. 1985, p. 14.
(7)OJ No L 191, 14. 7. 1981, p. 6.
(8)OJ No L 52, 22. 2. 1985, p. 22.
3143/85 - - - I
IIIWhereas account should be taken of the value of the
butter or concentrated butter as regards the monetary
compenatory amounts fixed by virtue of Regulation (EEC)
No 974/71; whereas, to this effect, provision should be
made for the application of a coefficient to the said
amounts applicable to the butter and concentrated butter
as currently set out in Commission Regulation (EEC) No
343/85 of 24 May 1985 fixing the monetary compensatory
amounts and certain coefficients and rates required for
their application(1);
Whereas, as regards financing, the expenditure occasioned
by this additional disposal operation should be considered
as resulting from one of the measures referred to in the
first indent of Article 4 (2) of Regulation (EEC) No
1079/77;
Whereas the Management Committee for Milk and Milk
Products has not delivered an opinion within the time limitset by its chairman,
HAS ADOPTED THIS REGULATION:
(1)OJ No L 138, 27. 5. 1985, p. 2.
3143/85 - - - I
1Article 1
1. Butter purchased in accordance with Article 6 (1) of
Regulation (EEC) No 804/68 which was placed in storage
before a date to be determined shall be put up for sale at
reduced prices for the purposes of direct consumption in
the Community in the form of concentrated butter.
Within the meaning of this Regulation, direct consumption
shall mean purchases by consumers for the purposes of fi-
nal utilization, including those made by hotels, restaurants,
hospitals, homes, boarding schools, prisons and all similar
establishments for the preparation of food for direct con-
sumption.
2. The sales arrangements provided for in this Regula-
tion shall continue to apply for as long as public stocks of
butter allow and at all events for a period ending no earli-
er than one year after the date on which notice of expiry,
decided on in accordance with the procedure laid down inArticle 30 of Regulation (EEC) No 804/68, has been pub-
lished in the Official Journal of the European Communi-
ties.
3. The notice of expiry referred to in paragraph 2 is giv-en with effect from 1 July 1989.
Article 2
1. Butter covered by Article 1 shall be sold ex-storagedepot at a price equal to the intervention price referred to
in Article 5 (1) (a) of Regulation (EEC) No 804/68 and
applicable on the day the contract of sale is concluded, less
ECU
205 per 100 kilograms, for processing into concen-
trated butter with a fat content of at least 96 %.
2. Purchase applications may relate only to butter withthe same fat content, either 82 % or more or less than
82 %.
3. The butter shall be sold in quantities of not less than
1 tonne. However, where the quantity available in a stor-
age depot is less than 1 tonne, the quantity available shall
constitute the minimum quantity for the contract of sale.
4. On the day on which the contract of sale is con-
cluded, the purchaser shall:
— furnish proof that he has lodged a security guarantee-
ing the proper destination of the butter, as provided
for in Article 5 of Commission Regulation (EEC)
No
3002/92(1), in the amount of ECU 228 per 100 kilo-
grams,
— p a yt h ep u r c h a s ep r i c eo ft h eb u t t e r .
(1)OJ No L 301, 17. 10. 1992, p. 17.3143/85
1953/89
3143/85
3060/91
1802/95
3143/85
3774/92
1802/95
3143/85 - - - I
2The contract of sale shall indicate in particular the
establishment where all the butter is to be processed into
concentrated butter and packaged in accordance with Ar-
ticles 4 and 5, and, where appropriate, the establishment
where all the concentrated butter is to be packaged for
marketing in accordance with Article 4 (3).
However, following agreement by the agency responsible,all of the concentrated butter may be packaged for mar-
keting in an establishment other than that stated in the
contract of sale.
The butter shall be removed within a maximum of 15 days
from the day on which the contract of sale is concluded.
After the said deadline, the cost of storing the butter shall
be charged to the purchaser.
Article 2a
1. The butter referred to in the first subparagraph of
Article 1 may also be sold in two successive stages, at the
first stage by tender and at the second at prices fixed on a
flat-rate basis in advance.
2. At the first stage the butter shall be put up for sale
by tender. The Annexes to the Regulations relating to the
sale of the butter shall replace the notice of invitation to
tender.
Information on quantities and on locations where butter is
stored may be obtained from the addresses given in the
Annex to the aforesaid Regulation relating to the sale of
the butter. In addition, intervention agencies may post no-
tices of invitation at their head offices and announce them
by other means.
T enders offering a price which is less than the minimum
price referred to in paragraph 3 shall not be admitted.
3. The intervention agencies shall allocate the quantities
put up for sale to those tenderers whose tenderers offer aprice higher than or equal to the minimum price fixed in
the Annex to the Regulation relating to the sale of the
butter.
For the purposes of the first subparagraph, the interven-
tion agencies shall first accept the tender or tenders made
at the price which is highest above the aforesaid minimum
price. Subsequent quantities shall be assigned to the ten-
derers referred to in the first subparagraph according to
the prices which they have offered, starting from that
which is highest above the minimum price in question.
Where, as a result of several tenders being received at the
same price, the quantity available is inadequate, the inter-
vention agency shall allocate it proportionately.1807/87 - 2690/89 - deleted
775/88
3143/85 - 715/86
1953/89
3143/85 - - - I
3Each tenderer shall be notified by the intervention agency
concerned whether his tender has been accepted or not,
within four working days at the latest following the time
limit set for the submission of tenders in response to the
invitation in question.
After completion of the sale by tender referred to above,
the intervention agencies shall, at their head offices, post a
notice of any quantities remaining available.
4. In the second stage referred to in paragraph 1, the
quantities remaining available after completion of the sale
by tender referred to in paragraphs 2 and 3 shall be put
up for sale at the minimum price fixed in the Annex to the
Regulation relating to the sale of the butter.
T o this end, purchase applications shall be submitted under
the conditions provided for in the Regulation relating to
the sale of the butter.
5. A security intended to guarantee that the butter is
processed into concentrated butter, put into its final pack-
aging and taken over by the retail trade in the Community
under the conditions referred to in this Regulation shall be
lodged by the purchaser with the competent authority of
the Member State where processing is to take place within
the time limit of 15 days referred to in paragraph 6.
Processing of the butter and the destination referred to in
the first subparagraph shall constitute primary require-
ments within the meaning of Article 20 of Regulation
(EEC) No 2220/85.
6. The butter shall be removed no later than 15 days
after the date on which the tender referred to in the
fourth subparagraph of paragraph 3 or the purchase ap-
plication referred to in the second subparagraph of para-
graph 4 has been accepted.
7. The intervention agencies shall inform the Commis-
sion, within the time limit referred to in the fourth sub-
paragraph of paragraph 3, in respect of each invitation to
tender, of the quantities applied for and the corresponding
prices offered, and of the quantities allocated and the sel-
ling prices actually applied pursuant to paragraph 3.
8. The provisions of this Regulation shall apply in the
case of private sales where the Regulation relating to the
sale refers to this Regulation.
9. For the purposes of:
— Article 4 (4), the time limit of 90 days for processing
and packaging shall be calculated with effect from the
final date for acceptance of the tender referred to in
the fourth subparagraph of paragraph 3,
— Article 6, a ‘consignment’ shall mean a quantity of
concentrated butter produced from butter, identified
in relation (SIC! in relation to) all or part of a ten-
der, of homogeneous quality and produced continu-
ously on the same processing premises.1953/89
2690/89
3143/85 - - - I
4Article 3
1. The butter referred to in Article 1 shall remain in its
original wrappings until it is processed into concentrated
butter.
It shall be accompanied by a list of packages enabling the
butter to be identified.
2. The wrappings of butter removed from storage shall
bear one or more of the following statements in clear and
legible print:
— ‘Smør bestemt til forarbejdning til koncentreret smør
[forordning (EØF) nr. 3143/85]’,
— ‘Butter zur Verarbeitung zu Butterfett [Verordnung
(EWG) Nr. 3143/85]’,
— Βούτυρο που προορίζεται να μεταποιηθεί σε
συμπυκνωμένο βούτυρο [κανονισμός αριθ .3143/85]’
— ‘Butter for processing into butteroil or concentrated
butter [Regulation (EEC) No 3143/85]’,
— ‘Beurre destiné à être transformé en beurre concentré
[règlement (CEE) n. 3143/85]’,
— ‘Burro destinato ad essere trasformato in burro con-
centrato [regolamento (CEE) n. 3143/85]’,
— ‘Boter bestemd voor verwerking tot bak- en braadbot-
er [Verordening (EEG) nr. 3143/85]’ or ‘Boter bes-
temd voor verwerking tot boterconcentraat [Verorden-
ing (EEG) nr. 3143/85]’.
— ‘Mantequilla destinada a la transformación en mante-
quilla concentrada (Reglamento (CEE) n ˚3143/85)’,
— ‘Voiöljyn valmistukseen tarkoitettu voi [asetus (ETY)
N:o 3143/85]’,
— ‘Smör för tillverkning av smörolja eller koncentrerat
smör (förordning (EEG) nr 3143/85)’
Article 4
1. The total quantity of butter must be concentrated and
packed, in accordance with this Article and Article 5, in an
establishment approved for that purpose by the Member
State on whose territory the said establishment is situated.
In the case of concentrated butter with a minimum butter-
fat content of 99,8 %, the processing of the butter must
yield at least 100 kilograms of such concentrated butter
per:
— 122,5 kg of butter where the butter used has a fat
content of 82 % or more,1756/93 - deleted
3143/85
3812/85
3337/94
3143/85
3143/85 - - - I
5— 125,5 kg of butter where the butter used has a fat
content of less than 82 %.
In the case of concentrated butter with a minimum butter-
fat content of less than 99,8 %, the aforesaid quantities
shall be reduced proportionally by 1,23 kg and 1,26 kg re-
spectively per percent difference between the minimum
butterfat content of the concentrated butter produced and
the aforesaid figure of 99,8 %.
2. Approval as an establishment within the meaning of
paragraph 1 may only be granted to an establishment:
(a) which has the appropriate technical installations to
process an average quantity of at least two tonnes of
butter per month;
(b) which has premises on which any stocks of non-butter
fat can be stored separately and identified as such;
(c) which undertakes to keep permanent records of the
origin of the raw materials used, the quantities used,the quantities and composition of the products ob-
tained, the exit date of such products and the names
and addresses of purchasers; and
(d) undertakes to forward its manufacturing programme
in accordance with the arrangements decided on by
the Member State concerned to the body responsible
for the inspection referred to in Article 6.
If the establishment also processes butter sold under Regu-
lation (EEC) No 262/79 or which has qualified for the aid
provided for in Regulation (EEC) No 1932/81, it must also
undertake:
— to keep the records referred to in (c) above as a sep-
arate entity,
— to process successively the butter sold under Regula-
tion (EEC) No 262/79 or which has received aid un-
der Regulation (EEC) No 1932/81 and the total
quantity of butter purchased under this Regulation
and stored on the premises of the establishment.
However, at the request of the party concerned, the
Member States may agree to waive this obligation if
the establishment has premises ensuring that the
stocks of the butter in question can be stored sepa-
rately and identified as such.
Approval shall be withdrawn in the event of failure to
comply with these provisions; approval may also be with-
drawn where the undertaking concerned is found not to
have complied with any other obligation arising from this
Regulation.3143/85
3143/85 - - - I
63. The entire quantity of concentrated butter satisfying
the requirements of Article 5 (1) and (2) may be packed
for marketing, in accordance with Article 5 (4) and (5) at
another establishment approved for this purpose by the
Member State on whose territory such establishment is lo-
cated.
4. Processing and packaging, including the packaging re-
ferred to in paragraph 3, must take place within a maxi-
mum period of 90 days from the day on which the contract
of sale referred to in Article 2 (4) is concluded. However,
for contracts signed before 1 May 1986, the abovemen-
tioned period shall expire on 1 November 1986.
Article 5
1. The concentrated butter must:
— contain at least 96 % butterfat;
— have undergone, to the exclusion of any processing
other than that referred to in paragraph 3, the incor-
poration provided for in paragraph 2.
However, there may be incorporated in the concentratedbutter a maximum of 2 % dry defatted milk components
and/or 0,5 % lecithin (E 322) and/or 0,75 % sodium chlo-
ride.
2. During the processing of the butter into concentrated
butter there shall be incorporated per 100 kilograms of
concentrated butter, in such a way as to ensure its homo-
geneous distribution and depending on the formula chosen:
Formula I:
15 grams of stigmasterol (C 29H48O= ∆5,22-stigmas-
tene-3-beta-ol) at least 95 % pure, calculated on the prod-
uct ready to be incorporated, or
17 grams of stigmasterol (C 29H48O= ∆5,22-stigmastene-
3-beta-ol) at least 85 % pure, calculated on the product
ready to be incorporated, containing not more than 7,5 %
brassicasterol (C 28H46O= ∆5,22-ergostene-3-beta-ol) and
not more than 6 % sitosterol (C 29H50O= ∆5-stigmas-
tene-3-beta-ol), or
1,1 kg of triglycerides of enanthic (n-heptanoic) acid, at
least 95 % pure, calculated as triglycerides on the product
ready for incorporation, with a maximum acid value of
0,3 %, a saponification number between 385 and 395, and
a 95 % minimum content of enanthic acid in the esterified
acid part;3143/85
715/86
1325/86
2889/86
713/86
3143/85
713/86
3143/85 - - - I
7Formula II:
10 grams of ethyl ester of butyric acid and 15 grams of
stigmasterol (C 29H48O= ∆5,22-stigmastene-3-beta-ol) at
least 95 % pure calculated on the product ready to be in-
corporated, or
10 grams of ethyl ester of butyric acid and 17 grams of
stigmasterol (C 29H48O= ∆5,22-stigmastene-3-beta-ol) at
least 85 % pure, calculated on the product ready to be in-
corporated, containing not more than 7,5 % brassicasterol
(C28H46O= ∆5,22-ergostene-3-beta-ol) and not more
than 6 % sitosterol (C 29H50O= ∆5,22-stigmastene-
3-beta-ol), or
10 grams of ethyl ester of butyric acid and 1,1 kg of tri-
glycerides of enanthic (n-heptanoic) acid, at least 95 %
pure, calculated as triglycerides on the product ready for
incorporation, with a maximum acid value of 0,3 %, a sa-
ponification number between 385 and 395, and a 95 %minimum content of enanthic acid in the esterified acid
part;
The competent agency shall ensure that the aforesaid re-
quirements as to the quality and characteristics, in particu-
lar the degree of purity, of the products to be incorporated
into the concentrated butter have been complied with.
3. Nitrogen gas may be added to concentrated butter
meeting the requirements of paragraphs 1 and 2 immedi-
ately before packing to cause foaming; the increase in vol-
ume resulting from this treatment may not exceed 10 % of
the volume of the concentrated butter before treatment.
However, in the case of concentrated butter with a maxi-mum butterfat content of 99,8 %, the increase in volume
from this treatment may not exceed 20 % of the concen-
trated butter before treatment.
4. Concentrated butter subjected to marking in accor-dance with formula I shall be put up in sealed packs. De-
pending on the products incorporated in accordance with
paragraphs 1 and 2 and subject to the national provisions
governing the description of food products, the packs shall
bear, in identical, clear and legible print, one or more of
the following statements:
— ‘Stege- og bagesmør’ or ‘stegesmør.
— ‘Butterfett’ or ‘Butterkonzentrat’, or ‘Butterschmalz’,
— ‘Συμπυκνωμένο βούτυρο ’ή‘Συμπυκνωμένο βούτυρο
για τη μαγειρική ’ή‘Συμπυκνωμένο βούτυρο για τη
μαγειρική και τη ζαχαροπλαστική ’,
— ‘Butteroil’ or ‘concentrated butter for cooking and
baking’,3143/85
713/86
1325/86
3143/85
713/86
3143/85 - 1264/92
3143/85 - - - I
8— ‘Beurre concentré’ or ‘beurre concentré’ pour la cui-
sine’ or ‘beurre concentré’ pour la cuisine et la patis-
sene’, or ‘beurre cuisinier’.
— burro concentrato.
— ‘Bak- en braadboter’ or ‘boterconcentraat’,
— ‘Mantequilla concentrada’ o ‘mantequilla concentrada
para la cocina’ o ‘mantequilla concentrada para la co-
cina y la pasteleria’,
— ‘Voiöljy’ tai ‘ruuanlaittoon tarkoitettu voiöljy’ tai
’ruuanlaittoon ja leivontaan tarkoitettu voiöljy’ tai
’ruuanlaittoon tarkoitettu voi’,
— Smörolja eller koncentrerat smör för matlagning och
bakning’.
Concentrated butter subjected to marking in accordancewith formula II shall be put up in sealed
packs bearing, in
identical clear and legible print, one or more of the follow-
ing statements:
— ‘Ghee’,
— ‘ Aus Butter gewonnenes Ghee’,
—‘ Βούτυρο ghee’,
— ‘Butter ghee’,
— ‘Ghee obtenu de beurre’,
— ‘Ghee ottenuto da burro’,
— ‘Ghee’.
— ‘Ghee obtenido de mantequilla’,
— ‘Voista saatu ghee’,
— ‘Ghee’.
Until 31 December 1991, the preprinted packs referred to
in Article 10 (3) of Commission Regulation (EEC) No
429/90(1)m a yb eu s e df o rt h ep u r p o s eo fi nc o m p l i a n c e
with the provisions of the first and second subparagraphs
on condition that the reference to Regulation (EEC) No
429/90 is obliterated by a stamp or affixed sticker.
5. The packs referred to in paragraph 4 shall have amaximum net content of three
kilograms.
Article 6
1. During the processing of the butter into concentrated
butter, the competent agency shall carry out frequent and
unannounced on-the-spot inspections based on the
manufacturing programme of the establishment. The costs
of inspection shall be borne by the undertaking concerned.
(1)OJ No L 45, 21. 2. 1990, p. 8.3143/85
569/87
3562/85
3143/85
3812/85
3337/94
3143/85
1325/86
3812/85
3337/94
3060/91
3143/85
231/89
3143/85 - - - I
9The said inspections shall relate to the conditions of
manufacture and the quantity and composition of the
products obtained, with particular reference to the butter
used and the packaging. They shall entail the taking of
samples from each consignment of concentrated butter
manufactured.
The inspections shall be accompanied periodically, depend-
ing on the quantities processed, by a thorough inspection
of the records and verification of compliance with the
conditions laid down for the approval of the establishment.
2. A ‘consignment’ shall mean a quantity of concentrated
butter corresponding to a contract as referred to in Article
2, of homogeneous quality and produced continuously in
the same processing premises.
Article 7
1. Until such time as it is taken over by the retail sector,
any person holding concentrated butter must keep stock
records showing for each delivery the names and addresses
of purchasers of the concentrated butter and the quantities
p u r c h a s e di ne a c hc a s e .
Where the holder of concentrated butter under this Regu-
lation also holds concentrated butter manufactured frombutter purchased under Regulation (EEC) No 262/79 or
from butter for which aid was granted under Regulation
(EEC) No 1932/81, separate stock records shall be kept
for the products held by virtue of each of the said Regula-
tions.
2. Where the concentrated butter is subsequently resold
to an intermediary trader, the latter shall, on placing his
first order, provide the vendor with a written undertaking
that he will comply with the obligations concerning the
destination of the product. The said undertaking, which
shall apply automatically to all subsequent sales, shall state
that the buyer is aware of the penalties imposed by the
Member State in question for breaches of the aforesaid
obligations.
3. Within the meaning of this Regulation, butter is also
taken over by the retail trade where purchases are made
by the establishments referred to in the second subpara-
graph of Article 1 (1) and by distributing establishments to
which access is reserved to holders of a purchaser’s card
(‘cash and carry’) or by the distributing establishments
of
retail distribution undertakings.
4. T o ensure compliance with the provisions of Article 2
of Regulation (EEC) No 3002/92, the inspections provided
for in Article 6 shall be supplemented by a thorough, un-
announed (SIC! unannounced) inspection of the commer-
cial documents and of the stock records of all holders of
concentrated butter referred to in paragraph 1.
Article 83143/85
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3774/92
3157/86 - deleted
3143/85 - - - I
10Article 9
1. In cases of force majeure where the measures speci-
fied in Article 6 (1) (a) and (b) of Regulation (EEC) No
3002/92 are inappropriate, the intervention agency shalldecide what measures should be taken in the circumstances
invoked.
2. In the event of failure to fulfil the obligations relat-
ing, on the one hand, to the processing of butter into con-
centrated butter up until its final packaging and, on the
other, to the taking over thereof by the retail trade in the
Community, the security referred to in Article 2 (4) shall
be forfeited in its entirety.
However, if the infringement relates only to the concentra-
tion of the products referred to in Article 5 (2) being less
than 20 % below the prescribed concentration, only 25 %
of the amount of the security shall be forfeited,
3. In the event of failure to observe the processing peri-
od provided for in Article 4 (4), 5 % of the amount of the
security remaining after 15 % has been deducted form
(SIC! from) the latter shall be forfeited per day by which
the period is exceeded.
4. Member States shall inform the Commission each
quarter of the cases in which they have applied paragraph
1 specifying the circumstances invoked, the quantity in-
volved and the measures taken.
5. Except in cases of force majeure , the security shall be
forfeited for the quantities in respect of which the proof
required under Regulation (EEC) No
3002/92 has not
been furnished within 18 months of the day on which the
contract was concluded.
However, if the proof is furnished within 18 months of the
said deadline, 85 % of the security shall be refunded.
Article 10
Member States shall notify the Commission:
— on the T uesday of each week of the quantities of but-
ter sold, giving in each case separate figures for the
quantities to be processed in another Member State;
— at the beginning of every quarter, of the retail selling
prices for concentrated butter recorded during the
previous quarter.
Article 113143/85
3774/92
3774/92
3157/86
3157/86
1756/93 - deleted
3143/85 - - - I
11Article 12
In addition to the endorsements provided for in Regula-
tion (EEC) No 3002/92, control copy T 5 must carry one
or more of the following endorsements:
(a) on the dispatch of the butter in its natural state in-
tended for concentration:
— Section 104 of the T 5 control copy:
Destinada a ser transformada en mantequilla
concentrada para su posterior consumo directo
[Reglamento (CEE) n ˚3143/85]
Bestemt til forarbejdning til koncentreret smør
og senere direkte forbrug [forordning (EØF) nr.
3143/85]
Zur Verarbeitung zu Butterfett und zum ansch-
ließenden unmittelbaren Verbrauch [Verordnung
(EWG) Nr. 3143/85]
Προοριζόμενο να μεταποιηθεί σε
συμπυκνωμένο βούτυρο και εν συνεχεία για
άμεση κατανάλωση [κανονισμός (ΕΟΚ )αριθ .
3143/85]
For processing into butteroil or concentrated
butter and subsequent private consumption (Reg-
ulation (EEC) No 3143/85)
Destiné à être transformé en beurre concentré et
à la consommation directe ultérieure [règlement
(CEE) n ˚3143/85]
Destinato ad essere trasformato in burro concen-
trato ed all’ulteriore consumo diretto [regola-
mento (CEE) n. 3143/85]
Bestemd voor verwerking tot boterconcentraat en
voor later onmiddellijk verbruik [Verordening
(EEG) nr. 3143/85]
Destinada a transformação em manteiga concen-
trada e posteriormente ao consumo directo [Re-
gulamento (CEE) n ˚3143/85];
T arkoitettu jalostettavaksi voiöljyksi ja sen
jälkeen välittömästi kulutukseen [asetus (ETY)
N:o 3143/85]
För tillverkning av smörolja eller koncentrerat
smör och därpå följande direkt förbrukning
(förordning (EEG) nr 3143/85).
— Section 106 of the T5 control copy
the date on which the butter was purchased;
(b) on the dispatch of the butter after concentration:
— Section 104 of the T 5 control copy:
Destinada a ser embalada para el consumo direc-
to [Reglamento (CEE) n ˚3143/85]
Bestemt til emballering og senere direkte forbrug
[forordning (EØF) nr. 3143/85]3774/92
3337/94
3774/92
3143/85 - - - I
12Zur Verpackung und zum anschliessenden unmit-
telbaren Verbrauch [Verordnung (EWG) Nr.
3143/85]
Προορίζεται να συσκευασθεί και για
μεταγενέστερη άμεση κατανάλωση [κανονισμός
(ΕΟΚ )αριθ .3143/85]
For packaging and subsequent private consump-
tion [Regulation (EEC) No 3143/85]
Destiné à être emballé et à la consommation ul-
térieure directe [règlement (CEE) n ˚3143/85]
Destinato a essere imballato ed all’ulteriore con-
sumo diretto [regolamento (CEE) n. 3143/85]
Bestemd om te worden verpakt en voor later on-
middellijk verbruik [Verordening (EEG) nr.
3143/85]
Destinada a ser embalada e ao consumo directo
posterior [Regulamento (CEE) n ˚3143/85]
T arkoitettu pakattavaksi ja sen jälkeen
välittömästi kulutukseen
Avsett att förpackas för direkt förbrukning
(förordning (EEG) nr 3143/85);
— Section 106 of the T 5 control copy:
the quantity of butter used to manufacture the
quantity of concentrated butter indicated in Sec-
tion 103;
(c) on the dispatch of the butter after concentration and
packaging:
— Section 104 of the T 5 control copy:
Destinada al consumo directo [Reglamento
(CEE) n ˚3143/85]
Til direkte forbrug [(EØF) nr. 3143/85]
Für den unmittelbaren Verbrauch [Verordnung
(EWG) Nr. 3143/85]
Προοριζόμενο για άμεση κατανάλωση
[κανονισμός (ΕΟΚ )αριθ .3143/85]
For private consumption (Regulation (EEC) No
3143/85)
Destiné à la consommation directe [règlement
(CEE) n ˚3143/85]
Destinato al consumo diretto [regolamento
(CEE) n. 3143/85]
Voor onmiddellijk verbruik [Verordening (EEG)
nr. 3143/85]
Destinada ao consumo directo [Regulamento
(CEE) n ˚3143/85]3774/92
3337/94
3774/92
3143/85 - - - I
13T arkoitettu välittömään kulutukseen [asetus
(ETY) N:o 3143/85]
För direkt förbrukning (förordning (EEG) nr
3143/85);
— Section 106 of the T5 control copy:
the quantity of butter used to manufacture the
quantity of concentrated butter indicated in Sec-
tion 103.
Article 13
For purposes of financing this Regulation shall, as regards
the additional expenditure occasioned by the increase in
the annual quantities of butter sold under it in relation to
those sold hitherto under Regulation (EEC) No 649/78,
constitute a measure as referred to in the first indent of
Article 4 (2) of Regulation (EEC) No 1079/77.
Notwithstanding the second subparagraph of Article 6 (2)of Commission Regulation (EEC) No 2776/88
(1),t h e
losses arising from the butter removed pursuant to in the
last subparagraph of Article 2 (4) in September 1988 shall
be deducted at a rate of 100 % from the expenditure to be
declared in accordance with Annex II to Regulation (EEC)
No 3184/83.
Article 14
1. Regulation (EEC) No 649/78 is hereby repealed.
2. It shall continue to apply to authorizations granted
and to contracts entered into prior to the date of entry
into force of this Regulation. However, for quantities of
butter which have not been processed into concentrated
butter by the said date, the said contracts shall, at the re-
quest of the party concerned, be amended in such a way
that the selling price of the butter is the same as that pro-
vided for in this Regulation on condition that the proces-
sing period has not yet expired at the date of the request.
Article 15
This Regulation shall enter into force on 25 November
1985.
(1)OJ No L 249, 8. 9. 1988, p. 9.3337/94
3774/92
3143/85
3036/88
3143/85