Commission Regulation (EC) No 1647/1999 of 27 July 1999 derogating from Regulation (EC) No 2571/97 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs as regards the time limit for use and incorporation
Date: 1999-07-27
Institutions: European Commission
Subjects: award of contract, butter, discount sale, food contamination, toxic substance

L 195/12

EN

Official Journal of the European Communities

28. 7. 1999

COMMISSION REGULATION (EC) No 1647/1999

of 27 July 1999

derogating from Regulation (EC) No 2571/97 on the sale of butter at reduced prices and the
granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry
products, ice-cream and other foodstuffs as regards the time limit for use and incorporation

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

yet expired for those operators should be extended by
one month;

Having regard to the Treaty establishing the European
Community,

(4) Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management
Committee for Milk and Milk Products,

Having regard to Council Regulation (EEC) No 804/68 of 27
June 1968 on the common organisation of the market in milk
and milk products (1), as last amended by Regulation (EC) No
1587/96 (2), and in particular Articles 6(6) and 12(3) thereof,

HAS ADOPTED THIS REGULATION:

(1) Whereas Commission Regulation (EC) No 2571/97 (3),
as last amended by Regulation (EC) No 494/1999 (4),
sets the time limit for the use of the products referred to
in Article 1 of that Regulation and their incorporation
into final products; whereas Regulation (EC) No 1982/
98 (5), amending Regulation (EC) No 2571/97, fixes that
period at five months for quantities for which contracts
have been awarded from the 17th invitation to tender
onward; whereas that period has not yet ended for
quantities for which contracts have been awarded under
the 25th and 26th invitations to tender; whereas Regula-
tion (EC) No 494/1999, amending Regulation (EC) No
2571/97, reduced that period to four months for quant-
ities for which contracts have been awarded from the
27th invitation to tender onward;

(2) Whereas Commission Decisions 1999/363/EC (6), 1999/
368/EC (7),
and
1999/449/EC (10) provide for measures to protect certain
products of animal origin intended for human or animal
consumption from contamination by dioxin;

1999/389/EC (8),

1999/390/EC (9),

(3) Whereas, because the level of tenders for the grant of the
aid has stabilised and as a result of difficulties encoun-
tered by certain operators in the market in question
because of protection measures connected with the
contamination by dioxin of certain products for human
incorporating the
consumption,
quantities concerned into final products which have not

the time limits for

(1) OJ L 148, 28.6.1968, p. 13.
(2) OJ L 206, 16.8.1996, p. 21.
(3) OJ L 350, 20.12.1997, p. 3.
(4) OJ L 59, 6.3.1999, p. 17.
(5) OJ L 256, 18.9.1998, p. 9.
(6) OJ L 141, 4.6.1999, p. 24.
(7) OJ L 142, 5.6.1999, p. 46.
(8) OJ L 147, 12.6.1999, p. 26.
(9) OJ L 147, 12.6.1999, p. 29.
(10) OJ L 175, 10.7.1999, p. 70.

Article 1

By derogation from Article 11 of Regulation (EC) No 2571/97:

— the time limit for the use and incorporation of the quant-
ities for which contracts have been awarded under the 25th
and 26th invitations to tender in 1999 shall be six months,

— the time limit for the use and incorporation of the quant-
ities for which contracts have been awarded under the 27th
to 34th invitations to tender in 1999 shall be five months.

Article 2

This Regulation shall apply at the request of operators who can
prove to the satisfaction of the competent authority that they
have not been able to use and incorporate the quantities
mentioned within the time limits imposed by Article 11 of
Regulation (EC) No 2571/97 because of the protection meas-
ures provided for in Commission Decisions 1999/363/EC,
1999/368/EC, 1999/389/EC, 1999/390/EC and 1999/449/EC.

In order to assess the situation referred to in the first paragraph
competent authorities should use the commercial documents
referred to in Article 1 (2) of Council Regulation (EEC) No
4045/89 (11).

Article 3

This Regulation shall enter
into force on the third day
following its publication in the Official Journal of the European
Communities.

(11) OJ L 388, 30.12.1989, p. 18.

28. 7. 1999

EN

Official Journal of the European Communities

L 195/13

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 July 1999.

For the Commission

Franz FISCHLER

Member of the Commission