****

( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 204 , 28 . 7 . 1978 , P . 6 .

( 3 ) OJ NO C 93 , 9 . 4 . 1979 , P . 49 .

( 4 ) OPINION DELIVERED ON 4 AND 5 APRIL 1979 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 5 ) OJ NO L 106 , 29 . 4 . 1977 , P . 31 .

( 6 ) OJ NO L 134 , 22 . 5 . 1978 , P . 7 .

( 7 ) OJ NO L 94 , 28 . 4 . 1970 , P . 13 .

( 8 ) OJ NO L 295 , 30 . 12 . 1972 , P . 1 .

( 9 ) OJ NO L 169 , 18 . 7 . 1968 , P . 1 .

( 10 ) OJ NO L 291 , 28 . 12 . 1972 , P . 15 .

COUNCIL REGULATION ( EEC ) NO 1269/79

OF 25 JUNE 1979

ON THE MARKETING OF REDUCED-PRICE BUTTER FOR DIRECT CONSUMPTION

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,

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 REGULATION ( EEC ) NO 1761/78 ( 2 ), AND IN PARTICULAR ARTICLE 12 ( 2 ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 4 ),

WHEREAS THERE ARE LARGE QUANTITIES OF BUTTER ON THE MARKET AND ALL APPROPRIATE MEANS SHOULD THEREFORE BE USED TO INCREASE BUTTER CONSUMPTION ;

WHEREAS A REDUCTION IN PRICES TO THE FINAL CUSTOMER IS AN APPROPRIATE MEANS OF ATTAINING THIS OBJECTIVE ; WHEREAS , TO THIS END , REGULATION ( EEC ) NO 880/77 ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1040/78 ( 6 ), AUTHORIZES THE MEMBER STATES TO GRANT AID WITH THE EFFECT OF REDUCING BUTTER PRICES TO THE FINAL PRIVATE CONSUMER AND WHICH , BY WAY OF DEROGATION TO THE ARRANGEMENTS REFERRED TO IN ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 729/70 OF 21 APRIL 1970 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY ( 7 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2788/72 ( 8 ), IS IN PRINCIPLE FINANCED ONLY PARTIALLY BY THE COMMUNITY ; WHEREAS , IN ADDITION , PURSUANT TO ARTICLE 7A OF COUNCIL REGULATION ( EEC ) NO 985/68 OF 15 JULY 1968 LAYING DOWN GENERAL RULES FOR INTERVENTION ON THE MARKET IN BUTTER AND CREAM ( 9 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2714/72 ( 10 ), THE COMMISSION HAS , ON A NUMBER OF OCCASIONS , ADOPTED AD HOC MEASURES FOR THE MARKETING AT REDUCED PRICES OF CERTAIN QUANTITIES OF BUTTER IN PUBLIC STORAGE OR COMING FROM PRIVATE STORAGE UNDER CONTRACT ; WHEREAS , IN ORDER TO APPLY THESE AD HOC MEASURES , CERTAIN MEMBER STATES HAVE BEEN OBLIGED TO USE BUTTER ALREADY ON THE MARKET IN VIEW OF THE SPECIAL CIRCUMSTANCES OBTAINING ON THEIR MARKETS ;

WHEREAS , IN THE INTERESTS OF GREATER EFFECTIVENESS AND CLARITY , THE VARIOUS SCHEMES USED BY THE COMMUNITY TO FINANCE SUCH MEASURES SHOULD BE REVISED AND ADOPTED IN A SINGLE TEXT ; WHEREAS , IN VIEW OF THE DIFFERENT HABITS OF CONSUMERS IN THE VARIOUS REGIONS OF THE COMMUNITY , AND OWING TO THE VARYING POSSIBILITIES OF THE MEMBER STATES AS REGARDS MAKING A NATIONAL CONTRIBUTION TOWARDS FINANCING THE AID , IT WOULD SEEM APPROPRIATE TO GIVE MEMBER STATES THE CHOICE OF APPLYING EITHER A GENERAL AID SCHEME SUCH AS HAS BEEN HITHERTO PROVIDED FOR IN REGULATION ( EEC ) NO 880/77 , INVOLVING PARTIAL FINANCING BY THE MEMBER STATE CONCERNED , WITH THE EXCEPTION OF THE UNITED KINGDOM WHICH , TAKING INTO ACCOUNT THE SPECIAL STATE OF ITS MARKET , SHALL BENEFIT FROM A SCHEME PROVIDING FOR AN AMOUNT OF AID TO BE FINANCED TOTALLY BY THE COMMUNITY , OR A SCHEME WHICH ENABLES LIMITED QUANTITIES OF BUTTER TO BE MARKETED AT A GREATLY REDUCED PRICE SOLELY DURING A SET PERIOD OF THE YEAR ;

WHEREAS THE DETAILS OF THESE DIFFERENT SCHEMES MUST BE FIXED SO AS TO GIVE CONSUMERS THROUGHOUT THE COMMUNITY A COMPARABLE REDUCTION IN THE PRICE OF BUTTER , WHATEVER SCHEME IS CHOSEN BY THE MEMBER STATE CONCERNED ; WHEREAS IN SELECTING ITS ARRANGEMENT EACH MEMBER STATE MUST AIM TO MAXIMIZE THE DIRECT CONSUMPTION OF BUTTER ;

WHEREAS , IN VIEW OF THE DIVERSITY OF THE ARRANGEMENTS WHICH MIGHT BE ADOPTED AND IN ORDER TO AVOID DISTURBANCES ON THE VARIOUS MARKETS , CARE MUST BE TAKEN TO ENSURE THAT THE BUTTER SUBSIDIZED IN A MEMBER STATE IS CONSUMED IN THAT MEMBER STATE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

FOR THE PURPOSES OF THIS REGULATION :

( A ) ' BUTTER FOR DIRECT CONSUMPTION ' MEANS BUTTER PURCHASED BY THE FINAL PRIVATE CONSUMER FROM RETAIL OUTLETS WITH A VIEW TO PRIVATE CONSUMPTION , INCLUDING BUTTER PURCHASED FROM THE RETAIL TRADE BY HOTELS , RESTAURANTS , HOSPITALS , HOMES , BOARDING SCHOOLS , PRISONS AND SIMILAR ESTABLISHMENTS IN ORDER TO CATER FOR PERSONS FED IN SUCH ESTABLISHMENTS , AND EXCLUDING BUTTER PURCHASED FOR SALE TO THE PUBLIC IN THE FORM OF OTHER PRODUCTS BY CAKE SHOPS , CATERERS , ETC .;

( B ) ' BUTTER IN PUBLIC STORAGE ' MEANS BUTTER WHICH HAS BEEN PURCHASED BY AN INTERVENTION AGENCY PURSUANT TO ARTICLE 6 ( 1 ) OF REGULATION ( EEC ) NO 804/68 ;

( C ) ' BUTTER IN PRIVATE STORAGE ' MEANS BUTTER FOR WHICH A PRIVATE STORAGE CONTRACT HAS BEEN CONCLUDED PURSUANT TO ARTICLE 6 ( 2 ) OF REGULATION ( EEC ) NO 804/68 AND WHICH HAS NOT YET BEEN TAKEN OUT OF STORAGE ;

( D ) ' BUTTER ON THE MARKET ' MEANS BUTTER OTHER THAN THAT REFERRED TO IN ( B ) AND ( C ).

ARTICLE 2

1 . MEMBER STATES SHALL HAVE THE OPTION OF CHOOSING ONE OF THE FOLLOWING MEASURES FOR REDUCING THE PRICE OF BUTTER FOR DIRECT CONSUMPTION :

SCHEME A

GRANTING A GENERAL SUBSIDY FOR BUTTER ON THE MARKET , THE COMMUNITY CONTRIBUTION BEING LIMITED TO 75 % OF THE ACTUAL SUBSIDY AND NOT EXCEEDING 50 ECU PER 100 KILOGRAMS OF BUTTER .

SCHEME B

FOR QUANTITIES AND FOR PERIODS OF THE YEAR TO BE DETERMINED AND WITH TOTAL COMMUNITY FINANCING :

- SELLING BUTTER IN PUBLIC STORAGE AT A PRICE EQUAL TO THE INTERVENTION PRICE LESS 90 ECU PER 100 KILOGRAMS , AND/OR

- GRANTING A SUBSIDY OF 90 ECU PER 100 KILOGRAMS TO BUTTER IN PRIVATE STORAGE OR BUTTER ON THE MARKET .

2 . HOWEVER , THE UNITED KINGDOM SHALL GRANT FOR BUTTER ON THE MARKET A GENERAL SUBSIDY NOT EXCEEDING 45.94 ECU PER 100 KILOGRAMS TO BE FINANCED ENTIRELY BY THE COMMUNITY .

ARTICLE 3

1 . EACH MEMBER STATE SHALL MAKE THE CHOICE REFERRED TO IN ARTICLE 2 ( 1 ) WITH THE AIM OF MAXIMIZING THE DIRECT CONSUMPTION OF BUTTER ON ITS TERRITORY , IN THE LIGHT OF PAST EXPERIENCE WITH SIMILAR MEASURES AND IN VIEW OF ITS POSSIBILITIES AS REGARDS MAKING A NATIONAL CONTRIBUTION TO THE SUBSIDY IN ACCORDANCE WITH SCHEME A .

2 . MEMBER STATES SHALL TAKE ALL NECESSARY STEPS TO ENSURE THAT :

( A ) THE BUTTER CONCERNED IS PURCHASED ONLY FOR DIRECT CONSUMPTION AND THAT ITS FINAL SELLING PRICE REFLECTS THE SUBSIDY OR THE PRICE REDUCTION GRANTED UNDER THIS REGULATION ;

( B ) THE BUTTER IS CONSUMED IN THE MEMBER STATE WHERE THE SUBSIDY OR THE PRICE REDUCTION IS GRANTED .

3 . COMMUNITY FINANCING OF THE AID PROVIDED FOR IN THIS REGULATION SHALL BE LIMITED TO BUTTER OF COMMUNITY ORIGIN .

ARTICLE 4

THE RULES FOR IMPLEMENTING THIS REGULATION SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 30 OF REGULATION ( EEC ) NO 804/68 .

THEY SHALL IN PARTICULAR INCLUDE THE CONDITIONS REFERRED TO IN ARTICLE 2 ( 1 ) FOR SCHEME B .

ARTICLE 5

REGULATION ( EEC ) NO 880/77 IS HEREBY REPEALED .

ARTICLE 6

THIS REGULATION SHALL ENTER INTO FORCE ON 2 JULY 1979 .

IT SHALL APPLY UNTIL THE END OF THE 1979/80 MILK YEAR .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 25 JUNE 1979 .

FOR THE COUNCIL

THE PRESIDENT

J . LE THEULE