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

( 2 ) SEE PAGE 4 OF THIS OFFICIAL JOURNAL .

( 3 ) OJ NO C 85 , 10 . 4 . 1978 , P . 31 .

( 4 ) OJ NO C 101 , 26 . 4 . 1978 , P . 10 .

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

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

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

COUNCIL REGULATION ( EEC ) NO 1040/78

OF 22 MAY 1978

AMENDING REGULATION ( EEC ) NO 880/77 ON THE GRANTING OF A CONSUMER SUBSIDY FOR BUTTER

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 1038/78 ( 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 COUNCIL REGULATION ( EEC ) NO 880/77 OF 26 APRIL 1977 ON THE GRANTING OF A CONSUMER SUBSIDY FOR BUTTER ( 5 ) AUTHORIZES THE MEMBER STATES TO GRANT , IN FAVOUR OF FINAL PRIVATE CONSUMERS , A SUBSIDY FOR BUTTER WHICH MAY NOT EXCEED 56 UNITS OF ACCOUNT PER 100 KILOGRAMS ; WHEREAS ARTICLE 3 OF THAT REGULATION LAYS DOWN THE METHOD OF CALCULATING THE COMMUNITY CONTRIBUTION TO THIS SUBSIDY , BY WAY OF DEROGATION FROM 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 ( 6 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2788/72 ( 7 );

WHEREAS IN THE INTERESTS OF THE GREATER EFFICIENCY OF THIS MEASURE THE LIMIT OF 56 UNITS OF ACCOUNT PER 100 KILOGRAMS SHOULD WITH EFFECT FROM 1 JANUARY 1978 BE APPLIED ONLY TO COMMUNITY FINANCING ;

WHEREAS SPECIAL FINANCING ARRANGEMENTS APPLY UNTIL 31 DECEMBER 1978 IN ORDER TO FACILITATE THE GRANT OF SUBSIDIES IN THE UNITED KINGDOM ; WHEREAS THIS PERIOD SHOULD BE EXTENDED TO 31 MARCH 1979 ; WHEREAS , FOR THE PERIOD 22 MAY 1978 TO 31 MARCH 1979 , THE LEVEL OF COMMUNITY FINANCING SHOULD BE SET IN SUCH A WAY AS TO GRADUALLY ALIGN THESE SPECIAL ARRANGEMENTS ON THE COMMUNITY ARRANGEMENTS FOR FINANCING THE SUBSIDY ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 1 OF REGULATION ( EEC ) NO 880/77 SHALL BE REPLACED BY THE FOLLOWING :

' ARTICLE 1

THE MEMBER STATES SHALL BE AUTHORIZED TO GRANT A SUBSIDY FOR BUTTER IN FAVOUR OF FINAL PRIVATE CONSUMERS . '

ARTICLE 2

ARTICLE 3 ( 1 ) OF REGULATION ( EEC ) NO 880/77 SHALL BE AMENDED AS FOLLOWS :

1 . IN THE FIRST SUBPARAGRAPH , THE SECOND INDENT SHALL BE REPLACED BY THE FOLLOWING :

' - IN RESPECT OF THAT PORTION OF THE SUBSIDY EXCEEDING 20 UNITS OF ACCOUNT BUT NOT EXCEEDING 56 UNITS OF ACCOUNT FOR 100 KILOGRAMS OF BUTTER : TO 50 % ,

- IN RESPECT OF THAT PORTION OF THE AID EXCEEDING 56 UNITS OF ACCOUNT FOR 100 KILOGRAMS OF BUTTER : TO 0 % . '

2 . IN THE SECOND SUBPARAGRAPH , THE EXPRESSION ' TO 31 DECEMBER 1978 ' SHALL BE DELETED AND POINT ( B ) SHALL BE REPLACED BY THE FOLLOWING POINTS :

' ( B ) DURING THE PERIOD 22 MAY TO 30 JUNE 1978 :

- IN RESPECT OF THAT PORTION OF THE SUBSIDY NOT EXCEEDING 28 UNITS OF ACCOUNT PER 100 KILOGRAMS : TO 100 % ,

- IN RESPECT OF THAT PORTION OF THE SUBSIDY IN EXCESS OF 28 UNITS OF ACCOUNT PER 100 KILOGRAMS : TO 25 % ;

' ( C ) DURING THE PERIOD 1 JULY TO 31 DECEMBER 1978 :

- IN RESPECT OF THAT PORTION OF THE SUBSIDY NOT EXCEEDING 23 UNITS OF ACCOUNT PER 100 KILOGRAMS : TO 100 % ,

- IN RESPECT OF THAT PORTION OF THE SUBSIDY IN EXCESS OF 23 UNITS OF ACCOUNT PER 100 KILOGRAMS : TO 25 % ;

( D ) DURING THE PERIOD 1 JANUARY TO 31 MARCH 1979 :

- IN RESPECT OF THAT PORTION OF THE SUBSIDY NOT EXCEEDING 18 UNITS OF ACCOUNT PER 100 KILOGRAMS : TO 100 % ,

- IN RESPECT OF THAT PORTION OF THE SUBSIDY IN EXCESS OF 18 UNITS OF ACCOUNT PER 100 KILOGRAMS : TO 25 % ;

( E ) DURING THE DIFFERENT PERIODS REFERRED TO UNDER ( A ) TO ( D ):

- IN RESPECT OF THAT PORTION OF THE SUBSIDY IN EXCESS OF 56 UNITS OF ACCOUNT PER 100 KILOGRAMS : TO 0 % . '

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON 22 MAY 1978 .

ARTICLES 1 AND 2 ( 1 ) SHALL APPLY AS FROM 1 JANUARY 1978 .

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

DONE AT BRUSSELS , 22 MAY 1978 .

FOR THE COUNCIL

THE PRESIDENT

K . HEINESEN