CELEX: 31972R1259
Language: en
Date: 1972-06-16 00:00:00
Title: Regulation (EEC) No 1259/72 of the Commission of 16 June 1972 on the disposal of butter at a reduced price to certain Community processing undertakings

Official Journal of the European Communities •                               559
No L 139 / 18                           Official Journal of the European Communities                              17.6.72
                                 REGULATION (EEC) No 1259/72 OF THE COMMISSION
                                                        of 16 June 1972
                       on the disposal of butter at a reduced price to certain Community processing
                                                          undertakings
THE     COMMISSION          OF      THE EUROPEAN      COM­         Whereas the sale of butter at a reduced price to
MUNITIES,                                                          certain    Community          processing undertakings
                                                                   constitutes such a measure; whereas, to ensure that
                                                                   all purchasers have equal access to the butter and to
Having regard to the Treaty establishing the                       keep a check on the quantities disposed of, the
European Economic Community;                                       standard tendering procedure should be followed ;
Having regard to Council Regulation (EEC) No                       Whereas a system of supervision should be set up to
804/68 1 of 27 June 1968 on the' common                            ensure that the butter is not diverted from its
organization of the market in milk and milk                        destination ; whereas this supervision must operate
products, as last amended by Regulation (EEC) No                   from the time the butter is removed from storage
1411 /71 ,2 and in particular Article 6 (7) thereof;               until it is processed; whereas in addition to the
                                                                   lodging of a deposit, stock records at all stages of
Having regard to Council Regulation (EEC) No                       marketing and the incorporation of an indicator in
9 85 /683 of 15 July 1968 laying down general rules for            butter intended for processing may contribute to this
intervention on the market in butter and cream, as                 end;
last amended by Regulation (EEC) No 1075 /71 ,4 and
in particular Article 7a thereof;                                  Whereas experience in the application of Commission
                                                                   Regulation (EEC) No 1390/696 of 18 July 1969 on
Having regard to Council Regulation . (EEC) No                     the disposal of butter at a reduced price to certain
974/715 of 12 May 1971 on certain measures of                       Community processing undertakings, repealed by
conjunctural policy to be taken in agriculture                     Regulation (EEC) No 2216/70,7 has shown that
following the temporary widening of the margins of                 betasitosterol and certain products derived from
fluctuation for the currencies of certain Member                   vanilla meet the requirements of the operation in
States, and in particular Article 6 thereof;                       question ; whereas these products must be
                                                                   incorporated in establishments approved by the
Whereas the situation on the Community butter                      relevant Member State so that the operation may be
market is marked by large stocks following                          supervised on the spot; whereas however,
intervention under Article 6 ( 1 ) of Regulation (EEC)             incorporation is not necessary when, because of the
No 804/68 ;                                                        quantities used, the processor to whom the butter is
                                                                    sold is subject to on-the-spot supervision by the
Whereas it will not be possible to dispose of these                Member State;
stocks of butter on normal terms during the present
marketing year; whereas prolonged storage should be                Whereas, as regards the compensatory amounts fixed
avoided because of the high cost involved; whereas                 pursuant to Council Regulation (EEC) No 974/71 of
measures should therefore be adopted to facilitate                  12 May 1971 on certain measures of conjunctural
disposal of the butter;                                            economic policy to be taken in agriculture following
                                                                    the temporary widening of the margins of fluctuation
1  OJ  No L  148 , 28.6.1968, p . 13 .
2  OJ  No L  148, 3.7.1971 , p . 4.
3  OJ  No L  169, 18.7.1968, p . 1 .
4  OJ  No L  116, 28.5.1971 , p . 1 .                              6 OJ No L 178 , 19.7.1969, p . 25 .
5  OJ  No L  106, 12.5.1971 , p . 1 .                              7 OINoL 240, 31.10.1970, p . 69
 ---pagebreak---    560                                  Official Journal of the European Communities
   for the currencies of certain Member States, account             The time limit for the submission of tenders in
   should be taken of the value of the products                     response to subsequent individual invitations to
   concerned ;                                                      tender shall expire at 1200 hours on the second and
                                                                    fourth Tuesday of the month. If the Tuesday is a
   Whereas the measures provided for in this Regulation             public holiday, the time limit shall be extended to
   are in accordance with the Opinion of the                        1200 hours on the following working day.
   Management Committee for Milk and Milk
   Products ;
                                                                                             Article 5
   HAS ADOPTED THIS REGULATION :
                                                                    1 . The intervention agency shall update and make
                          Article 1
                                                                   available to interested parties on request the list
                                                                   provided for in Article 3 ( 1 ) (b) of the quantities of
                                                                   butter for sale by tender in each cold storage depot.
  Butter bought in under Article 6 ( 1 ) of Regulation             The intervention agency shall also publish a regular
   (EEC) No 804/68 and taken into storage before 1                 up-to-date list in an appropriate form to be specified
  May 1972 shall be sold under the conditions                      in the notice of invitation to tender provided for in
  described hereinafter.                                           Article 3 .
                                                                  2. The intervention agency shall take the measures
                          Article 2                                necessary to enable interested parties to examine, at
                                                                   their own expense and before tendering, samples of
  The butter shall be sold by means of a standing                  the butter for sale.
  invitation to tender opened by each intervention
  agency for the quantities of butter in question held
  by it.                                                                                     Article 6
                          Article 3                               1 . A tenderer may not take part in the invitation to
                                                                  tender unless he gives a written undertaking :
 1 . The intervention agency shall issue a notice of              ( a) to have all the butter awarded processed into
 invitation to tender indicating in particular :                        concentrated butter of a fat content of not less
                                                                        than 99-8% , in an establishment approved by the
 ( a) the location of the cold storage depot or depots                  Member State in whose territory the processing is
       where the butter is held;                                        carried out;
 (b ) the quantities of butter for sale in each depot;            (b) in the course of this processing and in the same
 ( c) the time limit and place for submission of                       establishment, to have incorporated per metric
       tenders .                                                       ton of concentrated butter, to the exclusion of all
                                                                        other products and in such a way as to ensure
 2.      The notice of invitation to tender shall be                   uniform diffusion of the ingredients :
published in the Official Journal of the European                       ( aa) either :
 Communities at least eight days before the first time
limit for the submission of tenders . In addition, the                        — 250 g of 4 hydroxy-3 methoxyben­
intervention agency may publish notices elsewhere.                                 zaldehyde obtained either from vanilla or
                                                                                    from synthetic vanillin, and
                                                                              — 600 g of a compound containing at least
                         Article 4 .                                                60% of betasitosterol, the remaining
                                                                                   part consisting mainly of betasitosterol
1 . During the period of validity of the standing                                   isomers,
invitation to tender, the intervention agency shall                    ( bb ) or :
issue individual invitations to tender. Each individual
invitation to tender shall cover such part of the butter                      — 250 kg of refined granulated or
specified in Article 1 as is still available.                                      powdered sugar, and
                                                                              — 600 g of a compound containing at least
2.      The time limit for the submission of tenders in                            60% of betasitosterol, the remaining
response to the first individual invitation to tender                              part consisting mainly of betasitosterol
shall expire at 1200 hours on 11 July 1972.                                        isomers .
 ---pagebreak---                                       Official Journal of the European Communities                                      561
     In the latter case the final product must have a            2.      The tender shall state :
     minimum fat content of 79-8% .
                                                                 ( a) the name and address of the tenderer;
     Each Member State may decide that :                         ( b) the quantity to which the tender relates,
     — only the product resulting from                 the       (c) the price offered per metric ton, disregarding the
         incorporation specified under (aa), or                        price reduction provided for in the second
                                                                       subparagraph of Article 11 (2), exclusive of
     — only the product resulting from                  the            internal taxes, ex-cold storage depot in which the
         incorporation specified under (bb),                           butter is held, expressed in the currency of the
     shall be used in its territory.                                   Member State in which the invitation to tender is
                                                                       opened;
     Member States shall, at the time of entry into              (d) the cold storage depot in which the butter is held.
     force of this Regulation, inform the Commission
     whether they intend to avail of this option and, if         A tender relating to several storage depots shall be
     so, of the process chosen ;                                 considered to comprise as many tenders as the cold
                                                                 storage depots mentioned.
(c) to have the products referred to under (b)
     processed only into products falling within                 3.      A tender shall not be valid unless it relates to at
     subheading No 19.08 of the Common Customs                   least 5 metric tons .
     Tariff and to have such processing carried out in
     the Community within 120 days of the day of                 However, if the quantity available in a storage depot
     removal from storage referred, to in Article                is less than 5 metric tons, the available quantity shall
     13 (2);                                                     constitute the minimum quantity for tender.
(d) to keep stock records showing, for each delivery,            4.      A tender shall not be valid unless :
     the names and addresses of purchasers of the
     product obtained as a result of the operations               (a) it is accompanied by the written undertakings
     described under (a) and (b) and the                               referred to in Article 6 ( 1 ) and (2),
     corresponding quantities;
                                                                  ( b) the tenderer includes a declaration that he will
 (e) to lay down that, for any subsequent resale of                    forgo any claim regarding the quality and
     this product, the same requirements as those                      characteristics of any butter sold,
     referred to under (c) and (d) shall form part of
     the contract of sale.                                         (c) proof is furnished, before the time limit for
                                                                        submission of tenders expires, that the tenderer
                                                                        has lodged a tendering deposit in respect of the
2.     However, any processor giving a written                         relevant individual invitation to tender.
undertaking to process all the butter awarded into
products falling within subheading No 19.08 of the               5.      A tender may stipulate that it shall not be
Common Customs Tariff within 120 days of the day                  considered     to  have   been     submitted unless    the
of removal from storage referred to in Article 13 (2),            contract is awarded in respect of the entire quantity
and to use at least five metric tons of that butter for           indicated in the tender.
that purpose in one month, may take part in the
invitation to tender without giving the undertakings              A tender may stipulate that it shall not be considered
provided for in paragraph 1 (a), (b) and (c).                     to have been submitted unless the contract is
                                                                   awarded in respect of a specific quantity indicated in
In that case the Member State in whose territory the              the tender.
processing takes place shall carry out supervision on
the premises throughout the operation in a manner                 6.     A tender may not be withdrawn.
which     it  shall  determine.      The   costs  of   that
supervision shall be borne by the undertaking
concerned .                                                                                Article 8
                                                                   1.    The tendering deposit shall be 10 units of
                          Article 7                                account per metric ton.
                                                                   2. It shall be paid, according to the preference of
 1.    Tenders shall be submitted either personally, in            the Member State, either in the form of a cheque
 writing, against receipt, to the intervention agency, or          addressed to the intervention agency, or in the form
by registered letter addressed to the intervention                 of a guarantee meeting criteria laid down by the
 agency.                                                           Member State concerned .
 ---pagebreak---   562                                 Official Journal of the European Communities
                          Article 9                                Article 6 (1) (a), (b) and (c), the price shall be
                                                                   reduced by 10 units of account per 100 kg.
  1.    In the light of the tenders received in response
  to each individual invitation to tender and in
  accordance with the procedure laid down in Article                                     Article 12
 30 of Regulation (EEC) No 804/68 , a minimum
 selling price shall be fixed or a decision shall be taken         1 . Before taking over each quantity, the successful
 not to proceed with the invitation to tender.                     tenderer shall lodge the processing deposit referred to
                                                                  in Article 9 (2).
 2. At the same time as the minimum selling price is
 fixed and by the same procedure, the amount of the               2.      The processing deposit shall be lodged in
 processing deposit shall be fixed to cover the                    accordance with Article 8 (2).
 difference between the market price of butter and the
 minimum price.
                                                                                         Article 13
                         Article 10
                                                                  1 . "When the payment provided for in Article
                                                                  11 (2 ) has been made and the processing deposit
 1 . The tender shall be rejected if the price offered             referred to in Article 12 has been lodged, the
 is lower than the minimum price valid for the                   intervention agency shall issue a removal order
 individual invitation to tender in question.                    indicating :
 2. Without prejudice to paragraph 1, the contract                ( a) the quantity for which the conditions specified at
 shall be awarded to the tenderer offering the highest                  the beginning of this paragraph have been
 price.                                                                satisfied;
                                                                 (b) the cold storage depot in which it is stored;
If the quantity available in the storage depot in
 question is not exhausted by this award, the contract           (c) the final date for taking over the butter.
 for the remaining quantity shall be awarded to the
other tenderers according to the price offered,                  2.      The successful tenderer shall take over the
starting with the highest.                                       butter awarded to him within thirty days of receiving
                                                                 the notification referred to in Article 11 ( 1 ). The
3 . "Where acceptance of a tender would lead to the              butter may be taken over in stages.
quantity of butter available at the cold storage depot
in question being exceeded, the contract shall be                Except in cases of force majeure, if the successful
awarded to the tenderer concerned only in respect of             tenderer has not taken over the butter within the set
the quantity available.                                          time limit the sale shall be cancelled as regards the
                                                                 remaining quantities .
4. Where acceptance of several tenders at the same
price would lead to the quantity available being                                         Article 14
exceeded, the contract shall be awarded by lot.
                                                                The butter shall be delivered by the intervention
5.     Rights and obligations arising out of the                 agency in packings bearing one or more of the
invitation to tender shall not be transferable.
                                                                following markings in letters at least 2 cm high:
                        Article 11                              'Beurre destiné à la transformation (règlement (CEE)
                                                                 n0 1259/72)',
1.     Each tenderer shall immediately be informed by
                                                                'Zur Verarbeitung bestimmte Butter (Verordnung
the intervention agency of the result of his                    (EWG ) Nr. 1259/72',
participation in an individual invitation to tender.
                                                                'Burro destinato alla trasformazione (regolamento
2. The successful tenderer shall, before taking over            ( CEE) n . 1259/72)',
the butter, pay the intervention agency the amount
corresponding to his tender for each quantity which             'Boter voor verwerking (Verordening (EEG) nr.
he intends to remove from storage.                              1259/72)',
However, in the case of successful tenderers who                (Butter for processing          (Regulation  (EEC)    No
have undertaken to conform to the provisions of                 1259/72)).
 ---pagebreak---                                       Official Journal of the European 1 Communities                                   563
                         Article 15                                   the butter is concentrated or has added sugar and
                                                                      was obtained in accordance with that paragraph :
From the time of its removal from store and until it is               ' destiné à la transformation au titre de l'article 6
processed into products falling within heading No                     paragraphe 1 du règlement (CEE) n° 1259/72',
19.08 of the Common Customs Tariff, the butter
shall be subject to customs or equivalent                             'zur Verarbeitung gemäß Artikel 6 Absatz 1 der
administrative control.                                               Verordnung (EWG) Nr. 1259/72 bestimmt',
                                                                      ' destinato alla trasformazione a norma dell'arti­
                                                                      colo 6 paragrafo 1 del regolamento ( CEE) n.
                       Article 16
                                                                      1259/72',
1 . "When products are processed and incorporated                     'bestemd voor verwerking overeenkomstig artikel
in accordance with Article 6 ( 1 ) (a) and (b), the                   6 lid 1 van Verordening (EEG) nr. 1259/72',
Member State on whose territory the operations take                   (for processing under Article 6 ( 1 ) of Regulation
place shall carry out an on-the-spot supervision                      (EEC) No 1259/72);
throughout these operations.
                                                                 (b) if the butter is intended for processing under the
2. If the operations referred to in Article 6 (1) (a)                 conditions referred to dn Article 6 (2) :
and (b) and the processing referred to in (c) of that
paragraph are not carried out in the same place, the                  'destiné à la transformation au titre de l'Article 6
concentrated butter shall be put up in packages of                    paragraphe 2 du règlement (CEE) n0 1259/72',
not less than 10 kg.
                                                                      'zur Verarbeitung gemäß Artikel 6 Absatz 2 der
                                                                      Verordnung (EWG) Nr. 1259/72 bestimmt',
The packages shall bear one or more of the following
markings in letters at least 2 cm high :                              'destinato alla trasformazione a norma dell'arti­
                                                                      colo 6 paragrafo 2 del regolamento (CEE) n.
'Beurre concentré destiné à la transformation en                      1259/72',
produits 19.08 TDC (règlement ( CEE) n° 1259/72)',
                                                                      'bestemd voor verwerking overeenkomstig arti­
'Zur Verarbeitung zu Erzeugnissen 19.08 GZT                           kel 6 lid 2 van Verordening (EEG) nr. 1259/72',
bestimmtes Butterfett ( Verordnung (EWG) Nr.
1259/72)',                                                            (for processing under Article 6 (2) of Regulation
                                                                      (EEC) No 1259/72).
'Burro concentrato destinato alla trasformazione in
prodotti    19.08    TDC       (regolamento     (CEE)    n.
1259/72)',                                                                                Article 18
'Boterconcentraat bestemd voor verwerking tot
produkten 19.08 GDT (Verordening (EEG) nr.                       1 . Except in cases of force majeure, the tendering
1259/72)',     .                                                 deposit shall be released only for the quantity:
(Concentrated butter for processing into 19.08 CCT               ( a) in respect of which the tenderer :
products (Regulation (EEC) No 1259/72)).                               — has not withdrawn the tender before the
                                                                           award of the contract, and
                         Article 17
                                                                       — has, within the set time limit, paid the
                                                                           amount corresponding to the tender,
                                                                           provided for in Article 11 (2), and lodged the
Where either the incorporation of the products                             processing deposit provided for in Article 12;
referred to in Article 6 ( 1 ) (b) or the processing of
butter, concentrated butter or concentrated butter               (b) in respect of which the tender has not been
with added sugar takes place in a Member State                         accepted.
other than the selling Member State, the following
rules shall be applied :                                         2. Except in cases of force majeure the processing
                                                                 deposit referred to in Article 12 shall be released only
Sections 101 , 103 and 104 of the control copy
                                                                 for quantities in respect of which the successful
provided for in Article 1 of Regulation (EEC) No
2315/69 shall be completed. Section 104 shall be                 tenderer has furnished to the competent authority
                                                                 proof that the conditions referred to in Article 6 have
completed by deleting what does not apply and by
adding one of the following phrases under the                    been met. When the processing has been carried out
second indent :                                                  in a Member State other than the selling Member
                                                                 State, such proof may be furnished only by
( a) if the butter is intended for processing after the          production of the control copy referred to in Article
     incorporation referred to in Article 6 ( 1), or if          17 .
 ---pagebreak--- 564                                Official Journal of the European Communities
3.    The deposit shall be released immediately. •            added sugar (subheading No 21.07 of the Common
                                                              Customs Tariff), for the part consisting of butter,
                                                              shall be equal to the compensatory amounts fixed
                      Article 19                              pursuant to Regulation (EEC) No 974/71 , multiplied
                                                              by a coefficient of 0-3 .
In cases of force majeure the intervention agency             The Commission may, if necessary, alter this
shall determine the measures necessary in view of the         coefficient.
circumstances invoked .
                                                                                      Article 21
                      Article 20
                                                              This Regulation shall enter into force on the third
The compensatory amounts applicable to butter,                day following its publication in the Official Journal
concentrated butter and concentrated butter with              of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 16 June 1972.
                                                                                  For the Commission
                                                                                      The President
                                                                                   S. L. MANSHOLT