CELEX: 31975R0232
Language: en
Date: 1975-01-30 00:00:00
Title: Regulation (EEC) No 232/75 of the Commission of 30 January 1975 on the sale of butter at reduced prices for use in the manufacture of pastry products and ice cream

31 . 1 . 75                               Official Journal of the European Communities                           No L 24/45
                             REGULATION (EEC) No 232/75 OF THE COMMISSION
                                                         of 30 January 1975
              on the sale of butter at reduced prices for use in the manufacture of pastry
                                                      products and ice cream
THE COMMISSION OF THE EUROPEAN                                       of 16 June 1972 on the disposal of butter at a reduced
COMMUNITIES,                                                         price to certain Community processing undertakings,
                                                                     as last amended by Regulation (EEC) No 281 9/74 (6),
Having regard to the Treaty establishing the European                and in view of the trend of prices for competing fats,
Economic Community ;                                                 it should be made possible for different minimum
                                                                     prices to be fixed for pastry products on the one hand
Having regard to Council Regulation (EEC) No                         and for ice cream on the other by providing that
804/68 (*) of 27 June 1968 on the common organiza­                   different denaturing agents be employed depending
tion of the market in milk and milk products, as last                on the use to which the butter is to be put and by
amended .by Regulation (EEC) No 662/74 (2), and in                   adapting the relevant supervisory measures ;
particular Articles 6 (7) and 28 thereof ;
                                                                     Whereas Regulation (EEC) No 1259/72 has been
                                                                     amended frequently, and sometimes substantially ;
Having regard to Council Regulation (EEC) No                         whereas, therefore, in the interests of clarity and effi­
985/68 (3) of 15 July 1968 laying down general rules
for intervention on the market in butter and cream , as              cient administration the Regulations involved should
                                                                     be consolidated ;
last amended by Regulation (EEC) No 2714/72 (4), and
in particular Article 7a thereof ;
                                                                     Whereas the measures provided for in this Regulation
                                                                     are in accordance with the Opinion of the Manage­
Whereas the situation on the Community butter                        ment Committee for Milk and Milk Products,
market is marked by large stocks following interven­
tion under Article 6 ( 1 ) of Regulation (EEC) No
804/68 ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas it will not be possible to dispose of all these
stocks of butter on normal terms ; whereas prolonged
storage should be avoided because of the high cost                                              Article 1
involved ; whereas        measures should          therefore be
adopted to facilitate disposal of the butter ;
                                                                      Butter bought in under Article 6 ( 1 ) of Regulation
                                                                     ( EEC) No 804/68 and taken into storage before 1
Whereas the sale of butter at reduced prices to certain              June 1974 shall be sold under the conditions
Community processing undertakings for use in the                     described hereinafter.
manufacture of pastry products and ice cream consti­
tutes such a measure ; whereas, to ensure that all
purchasers have equal access to the butter and to keep                                          Article 2
a check on the quantities disposed of, the standing
tendering procedure should be followed ;
                                                                     The butter shall be sold by means of a standing invita­
Whereas a system of supervision should be set up to                   tion to tender opened by each intervention agency for
ensure that the butter is not diverted from its destina­              the quantity of butter in question held by it.
tion ; whereas this supervision must operate from the
time the butter is removed from storage until it is
                                                                                                Article J
processed ; whereas in addition to the provision of a
security stock records of all stages of marketing, the
incorporation of an indicator in butter intended for                  1 . The intervention agency shall give notice of invi­
processing may contribute to this end ;                               tation to tender, indicating in particular :
                                                                      (a) the location of the coldstore or stores where the
Whereas on account of experience gained in the opera­                      butter is held ;
tion of Commission Regulation ( EEC) No 1 259/72 (5 )
                                                                      (b) the quantity of butter for sale in each depot, indi­
(')  OJ  No L 148 , 28 . 6. 1968 , p. 13 .                                 cating separately where appropriate, the quantity
(2 ) OJ  No L 85, 29 . 3 . 1974, p. 51 .                                   of butter of a fat content of less than 82 % :
 3   OJ  No L 169, 18 . 7 . 1968 , p. 1 .
(4)  OJ  No L 291 , 28 . 12. 1972, p. 15 .
(5)  OJ  No L 139, 17. 6. 1972, p. 18 .                              (6) OJ No L 301 , 9 . 11 . 1974, p. 21 .
 ---pagebreak--- No L 24/46                          Official Journal of the European Communities                             31 . 1 . 75
(c) the closing date and address for the submission of            products and in such a way as to ensure uniform
     tenders .                                                    diffusion of the ingredients :
2.     The     notice of invitation  to   tender shall  be        — if the concentrated butter is to be processed
published in the Official Journal of the European                     into formula A products as specified in the
Communities at least eight days before the first                      first indent of subparagraph (c) : the products
                                                                      indicated in Annex I ,
closing date for the submission of .tenders. In addition ,
the intervention agency may publish notices else­                 — if the concentrated butter is to be processed
where .                                                                into formula B products as specified in the
                                                                      second indent of subparagraph (c) : the
                                                                       products indicated in Annex II .
                         Article 4
                                                                  The relevant intervention agency shall make sure
1 . During the period of validity of the standing invi­           that the requirements as to the quality and charac­
tation to tender, the intervention agency shall issue             teristics, in particular the degree of purity, of the
individual invitations to tender. Each individual invita­
                                                                  products to be incorporated in the butter have
tion to tender shall cover such part of the butter speci­         been satisfied .
fied in Article 1 as is still available .
                                                                  Every Member State may decide that the following
2. The period for the submission of tenders shall
                                                                  products are not used in its territory :
expire each second and fourth Tuesday of the month ,
at 12 noon , except for the fourth Tuesday in                     — if the concentrated butter is to be processed
December. If the Tuesday is a public holiday, the                      into formula A products : one or two of the
period shall be extended to 12 noon on the following                   products resulting from the incorporation
working day.                                                           specified in Annex I under I , II or III
                                                                       and/or
                         Article 5
                                                                       one of these products for which the particular
                                                                       possibility referred to in Annex I under I (bb),
 1 . The intervention agency shall update and make                     II (bb) and III (bb) has been used,
available to prospective tenderers on request the list
provided for in Article 3 ( 1 ) (b) of the quantity of            — if the concentrated butter is to be processed
butter for sale by tender in each coldstore . The inter­               into formula B' products : one or two of the
vention agency shall also publish the updated lists at                 products resulting from the incorporation
regular intervals in an appropriate form to be specified               specified in Annex II under I , II or III .
in the notice of invitation to tender provided for in
Article 3 ._._                                                    If a Member State avails itself of the option
                                                                  provided for in the preceding subparagraph , it
2. The intervention agency shall take the measures                shall   forthwith inform    the Commission of the
necessary to enable prospective tenderers to examine              process or processes chosen ;
at their own expense, before tendering, samples of the
butter for sale .                                             (c) to have the products referred to in (b) processed in
                                                                  accordance with the indications in the tender, only
                                                                  into :
                         Article 6
                                                                  — formula A :
 1 . A tenderer may not take part in the invitation to
tender unless he gives a written undertaking :                         products falling within heading No 19.08 of
                                                                       the Common Customs Tariff or
(a) to have all the butter awarded processed into
     concentrated butter of a fat content of not less             — formula B :
     than 99-8 % , in an establishment approved by the                 edible ices falling within subheadings ex 18.06
     Member State in whose territory the processing is                 B and ex 21.07 C of the Common Customs
     carried out and to obtain a minimum quantity of                   Tariff, containing less than 20 % by weight of
     100 kg~ of concentrated butter from :                             milkfat,
     — 122-5 kg of original butter, where the fat                      or
         content of the butter sold is 82 % or more ,
     — 125-5 kg of original butter, where the fat                      excluding yoghourt powder for the preparation
         content of the butter sold is less than 82 % ;                of edible ices falling within subheading ex
                                                                        18.06  D   or  ex  21.07  F  of the   Common
(b) in the course of this processing and in the same                   Customs Tariff, containing 33 % or less by
     establishment, to have incorporated per metric ton                weight of milkfat and one or more flavourings
     of concentrated butter, to the exclusion of all other             and emulsifying or stabilizing agents, which is
 ---pagebreak--- 31 . 1 . 75                         Official Journal of the European Communities                              No L 24/47
          suitable for consumption without any treat­              tion agency concerned has offered for sale butter
          ment other than the addition of water and                of a fat content of less than 82 % ;
          refrigeration ;
(d) to carry out within the Community processing as           (c) the use to which the butter is to be put (formula A
     specified in (a) and (b) within two months of the             or formula B, as defined in Article 6 ( 1 ) (c)) ;
     day on which the butter was taken over as speci­
     fied in Article 13 (2) and to process within the         (d) the price offered per metric ton of butter having
     Community into the products specified in (c)                  the fat content required, exclusive of the price
     within six months of the day on which the butter              reduction provided for in the second subparagraph
     was taken over ;
                                                                   of Article 1 1 (2) and of internal taxes, ex coldstore
                                                                   in which the butter is held, expressed in the
(e) to keep stock records showing, for each delivery,              currency of the Member State in which the invita­
     the quantity sold, the name and address of the
                                                                   tion to tender is opened ;
     purchaser of the product obtained as a result of
     the processing provided for in (a) and (b) and the
     use to which it is to be put (formula A or formula       (e) the coldstore in question and possibly an addi­
      B);                                                          tional store .
(f) to include in the contract of sale, in the case of any
     subsequent resale of such product, the require­
     ments laid down in (c) and (d).                               A tender relating to several stores, independently
                                                                   of the possible additional store, shall be considered
                                                                   to comprise as many tenders as there are cold­
 2. However, any processor giving a written under­                 stores mentioned .
 taking to process, in accordance with the use specified
 in his tender (formula A or formula B), all the butter            Tenders shall relate only to butter of uniform fat
 awarded into products specified in paragraph 1 (c)                 content (82 % or more, or less than 82 %)
within six months of the day of removal from storage                intended for the same use (formula A or formula
 referred to in Article 13 (2) and to use at least five             B).
 metric tons of that butter for that purpose in one
 month, may submit a tender without giving the under­
 takings required under paragraph 1 (a), (b) and (c).          3.     A tender shall not be valid unless it relates to at
                                                               least five metric tons . However, if the quantity avail­
 In such case, the Member State in whose territory the         able in a store is less than five metric tons, the avail­
 processing takes place shall carry out on-the-spot            able quantity shall constitute the minimum quantity
 supervision throughout the operations in a manner             for tender.
 which it shall determine . The costs of such supervi­
 sion shall be borne by the undertaking concerned .
                                                               4.     A tender shall not be valid unless :
 3 . Further processing of the products specified in
 paragraph 1 (c) shall be permitted only if the products
 obtained fall within one of the tariff headings referred      (a) it is accompanied by the written undertakings
 to in that paragraph and if no product falling within              referred to in Article 6 ( 1 ) and , where appropriate,
 any other heading is produced at an intermediate                   (2);
 stage of such processing.
                                                               (b) the tender includes a declaration to the effect that
                                                                    he agrees to forgo any claim as to the quality and
                          Article 7
                                                                    characteristics of any butter sold to him ;
  1 . Tenders, which shall be in writing, shall be
 submitted either by delivery by hand to the interven­         (c) proof is furnished that before expiry of the period
                                                                    set for the submission of tenders, the tenderer has
 tion agency against acknowledgement of receipt or by
 registered letter addressed to the intervention agency.            given the tendering security referred to in Article
  Intervention agencies may authorize the use of telex .            8 in respect of the relevant individual invitation to
                                                                    tender .
 2.     The tender shall indicate :
 (a) the name and address of the tenderer ;                    5.     A tender may stipulate that it is not to be
                                                                regarded as having been submitted unless the contract
 (b) the quantity to which the tender relates, specifying      is awarded in respect of the entire quantity indicated
      the fat content of the butter where the interven­         in the tender.
 ---pagebreak--- No L 24/48                         Official Journal of the European Communities                              31 . 1 . 75
A tender may stipulate that it is not to be regarded as      able at the coldstore in question, the contract shall be
having been submitted unless the contract is awarded         awarded to the tenderer concerned only in respect of
in respect of a specific quantity indicated in the           the quantity available.
tender.
                                                             4. Where acceptance of several tenders offering the
6.     A tender may not be withdrawn .                       same price for butter to be put to the same purpose,
                                                             or differing by the same amount from the relevant
                                                             minimum price, would lead to contracts being
                        Article 8                            awarded in excess of the quantity available, the award
                                                             shall be made by drawing lots.
1 . The tendering security shall be 10 units of
account per metric ton .                                     5.      Rights and obligations arising in connection
                                                             with the invitation to tender shall not be transferable .
2. It shall take the form, according to the prefer­
ence of the Member State, either of a cheque made
out to the intervention agency, or of a guarantee satis­                               Article 11
fying criteria laid down by the Member State
concerned .                                                   1.     Every tenderer shall immediately be notified by
                                                             the intervention agency of the result of his participa­
                                                             tion in an individual invitation to tender.
                        Article 9
                                                             2. The successful tenderer shall, before taking over
1.     In the light of the tenders received in response      any quantity of butter, pay the intervention agency an
to each individual invitation to tender and in accor­        amount corresponding to his tender for the quantity
dance with the procedure laid down in Article 30 of          which he intends to remove from store .
Regulation (EEC) No 804/68 , a minimum selling
price shall be fixed which may be varied according to        However, in the case of successful tenderers who have
the use to which the butter is to be put (formula A or       undertaken to conform to the provisions of Article 6
formula B) as defined in Article 6 ( 1 ) (c) and according   ( 1 ) (a), (b) and (c), the price shall be reduced by 10
to the fat content of the butter.                            units of account per 100 kg.
A decision may be taken in respect of the invitation
to tender, to make no award.                                                           Article 12
2. At the same time as the minimum selling prices             1 . Before taking over each quantity, the successful
are fixed and under the same procedure, the securities       tenderer shall give the processing security referred to
required under Article 12 shall be fixed per 100 kg by       in Article 9 (2).
reference to the difference between the market price
of butter and the minimum prices.                            With regard to butter sold by intervention agencies of
                                                             the new Member States, where the processing referred
                                                              to in Article 6 ( 1 ) or (2) takes place in the Member
                        Article 10                           State where the butter is removed from store, the
                                                             amount of the processing security may be reduced, at
 1 . A tender shall be rejected if the price offered is       the request of the successful tenderer, by an amount
lower than the minimum price fixed for the indi­             equal to the accession compensatory amount appli­
vidual invitation to tender, account being taken of the       cable to the butter concerned in trade between the
proposed use and the fat content of the butter in ques­       new Member State in question and the Community as
tion .                                                        originally constituted .
2. Subject as provided in paragraph 1 , the contract         The intervention agency concerned may accede to
shall be awarded to the tenderer who departs most             such a request only if it takes the necessary measures
from the minimum price fixed for butter to be used            to ensure that the butter or butteroil in question is
for the purpose specified in the tender.                      used in its entirety as provided in Article 6 ( 1 ) (c) in
                                                              its territory.
If the quantity available in the store in question is not
exhausted by this award, the contract for the                 2 . The processing security shall be given as
remaining quantity shall be awarded to the other              provided in Article 8 (2).
tenderers according to the price offered, starting with
the price differing most from the relevant minimum            3.      Where the processing described in Article 6 ( 1 )
price.                                                        (a) and (b) takes place in a Member State other than
                                                              that of sale, the processing security shall be lodged
3 . Where acceptance of a tender would lead to a              with the intervention agency of the Member State in
contract being awarded for more butter than is avail­         which the processing takes place .
 ---pagebreak---  31 . 1 . 75                        Official Journal of the European Communities                           No L 24/49
 Where such is the case, the intervention agency which        subject to customs or equivalent administrative
 receives the processing security shall forthwith             control .
 forward to the intervention agency of the Member
 State of sale an attestation specifying in particular the                              Article 16
 amount of the security, the quantity of butter
 involved, the use to which it is to be put (formula A         1 . Throughout processing and incorporation in
 or formula B) and the date on which the contract was         accordance with Article 6 ( 1 ) (a) and (b), the Member
 awarded .
                                                              State in whose territory the operations take place shall
                                                              carry out on-the-spot supervision .
                         Article 13
                                                              2.      If the operations provided for in Article 6 ( 1 ) (a)
 1 . When the payment provided for in Article 1 1 (2)         and (b) and the processing provided for in (c) of that
 has been made and the processing security required           paragraph are not carried out in the same place, the
under Article 12 has been given , the intervention            concentrated butter shall be put up in blocks
agency shall issue a removal order indicating :               weighing not less than 10 kg.
(a) the quantity in respect of which the conditions           The packages shall bear, in letters at least 1 cm high ,
      specified at the beginning of this paragraph have       an indication as to the use (formula A or formula B) to
      been satisfied ;                                        which the butter is to be put and one or more of the
(b) the coldstore in question ;                               following endorsements :
(c) the final date for taking over the butter ;               'Concentrated butter for processing into one of the
                                                              products specified in Article 6 ( 1 ) (c) of Regulation
(d) the closing date for the submission of tenders in         (EEC) No 232/75' ;
      response to the individual invitation to tender as a    ' Beurre concentre destine a la transformation en un
    . result of which the butter was sold .
                                                              des produits visés à l'article 6 paragraphe 1 sous (c) du
 2.     The successful tenderer shall take over the butter    règlement (CEE) n0 232/75' ;
awarded to him within 30 days pf receiving the notifi­        ' Butterfett zur Verarbeitung zu einem der in Artikel 6
cation provided for in Article 11 ( 1 ). The butter may       Absatz 1 Buchstabe c) der Verordnung (EWG) Nr.
be taken over in stages.                                      232/75 genannten Erzeugnisse' ;
                                                              ' Burro concentrato destinato alla trasformazione in
 Except in cases of force majeure, if the successful
tenderer has not taken over the butter within the             uno dei prodotti di cui all'articolo 6, paragrafo 1 ,
period prescribed the sale shall be cancelled in respect      lettera (c), del regolamento (CEE) n . 232/75' ;
of the remaining quantities.                                    Boterconcentraat bestemd voor verwerking tot een
                                                              van de bij artikel 6, lid 1 , sub (c), van Verordening
                         Article 14                           (EEG) nr. 232/75 bedoelde produkten' ;
                                                              ' Koncentreret smør bestemt til forarbejdning til et af
The butter shall be delivered by the intervention             de produkter, som er nævnt i artikel 6, stk . 1 , litra c) i
agency in packings bearing one or more of the                 forordning (EØF) nr. 232/75'.
following endorsements in letters at least 1 cm high :
                                                              The concentrated butter may also be transported by
' Butter for processing (Regulation (EEC) No 232/75) ;        tanker or container vehicle ; in such case , the above­
'Beurre destiné à la transformation (règlement (CEE)          mentioned endorsements shall be marked on the tank
n° 232/75)' ;                                                 or the vehicle in letters at least 5 cm high .
  Zur Verarbeitung bestimmte Butter (Verordnung
(EWG) Nr. 232/75)' ;                                                                    Article 17
' Burro destinato alla trasformazione (regolamento
(CEE) n . 232/75)' ;                                           1 . Where the operations referred to in Article 6 ( 1 )
  Boter voor verwerking (Verordening (EEG) nr.                (a) and (b) and/or the processing referred to in Article
232/75)' ;                                                    6 ( 1 ) (c) take place in a Member State other than that
                                                              of sale, the rules referred to in Annex III shall apply.
'Smør bestemt til forarbejdning (forordning (EØF) nr.
232/75)',                                                     2.      In the case of butter to be processed in accor­
and an indication of the use to which the butter is to        dance with Article 6 (2) in a Member State other than
be put (formula A or formula B).                              that of sale , the rules referred to in Annex IV shall
                                                              apply .
                         Article 15
                                                                                        Article 18
From the time of its removal from store and until it is
processed into one of the products specified in the            1.     Except in cases of force majeure, the tendering
two indents of Article 6 ( 1 ) (c), the butter shall be       security shall.be released only for the quantity :
 ---pagebreak--- No L 24/ 50                          Official Journal of the European Communities                                 31 . 1 . 75
(a) in respect of which the tenderer :                             in Article 6 ( 1 ) (b) into one of the products speci­
    — has not withdrawn the tender before the award
                                                                   fied in Article 6 ( 1 ) (c) as stated in the tender
        of the contract, and
                                                                   (formula A or formula B) within the prescribed
                                                                   period, and
    — has, within the period prescribed, paid the              — states that he is aware of the sanctions he may
        amount corresponding to the tender, provided               incur, which are to be determined by the Member
        for in Article 1 1 (2), and given the processing           State concerned, if it transpires that he has not
        security provided for in Article 12, or                    fulfilled the obligations which he has entered into.
(b) in respect of which the tender has not been                Member States shall determine a maximun quantity in
    accepted .                                                 respect of which such statement may be given and
                                                               inform the Commission of this maximum quantity if
2. Except in cases of force majeure and save as                they make use of the abovementioned possibility.
otherwise provided in Article 19 (2) the processing
security provided for in Article 12 shall be released
only for quantities in respect of which the successful                                   Article 19
tenderer has furnished proof that the conditions laid
down in Article 6 have been fulfilled .
                                                                1.     In cases of force majeure the intervention agency
                                                               shall determine the measures necessary in view of the
                                                               circumstances invoked .
Such proof shall be furnished depending on the
circumstances, as follows :
                                                               2.      In all cases which cannot be regarded as cases of
(a) where operations provided for in subparagraphs (a)         force majeure where
    (b) and (c) of Article 6 ( 1 ) or in Article 6 (2) are
    carried out in the Member State of sale, proof shall       — the aggregate of the periods prescribed in Article 6
    be furnished by the production of a document                   ( 1 ) (d) or the period prescribed in the first subpara­
    specified by the Member State of sale ;                        graph of Article 6 (2) for processing has been
                                                                   exceeded by no more than 30 days, and
(b) where operations provided for in Article 6 ( 1 ) (a)       — the period or periods were exceeded for reasons
    and (b) are carried out in the Member State of sale,           other than serious negligence on the part of the
    and operations provided for in Article 6 ( 1 ) (c) are         person concerned,
    carried out in another Member State, or the opera­
    tion provided for in Article 6 (2) is carried out in a     the amount of the processing security to be retained
    Member State other than that of sale, proof shall          shall, if the person concerned submits a reasoned
    be furnished by the control copy or copies referred        application to that effect, be only two units of account
    to in Annexes III (II) and IV ;                            per metric ton for each day by which the prescribed
                                                               period or periods have been exceeded .
(c) where operations provided for in Article 6 ( 1 ) (a)
    (b) and (c) are all carried out in a single Member         Such application shall be considered only if it is
    State which is not the Member State of sale, proof         lodged with the intervention agency concerned within
    shall be furnished by the production of a docu­            30 days of the day on which the period or periods in
     ment specified by the Member State in which the           question expire .
     processing has taken place ;
                                                               3.      Member States shall       inform  the  Commission
(d) where operations provided for in Article 6 ( 1 ) (a)       each quarter of the cases in which they have applied
     and (b) are carried out in a Member State other           paragraph 1 or 2, specifying the circumstances
    than that of sale and the operation provided for in        invoked , the quantity involved and the measures
    Article 6 ( 1 ) (c) is carried out in a Member State       taken .
    other than that in which the operations provided
    for in Article 6 ( 1 ) (a) and (b) have been carried
    out, proof shall be furnished by the control copy                                     Article 20
    or copies referred to in Annex III (I) (cc).
                                                               When that part of the butter and concentrated butter
3 . Member States may provide that the proof                   specified in Article 6 ( 1 ) (a) and (b) which consists of
required under paragraph 2 is to be regarded as                butter is sold pursuant to this Regulation :
having furnished if the seller submits a statement
from the final user in which the letter :                      (a) the compensatory amounts fixed pursuant to Regu­
                                                                    lation ( EEC) No 974/ 71 shall be multiplied by the
— confirms his undertaking, which appears in the                    coefficient 0-5 ; however, in the case of the United
    contract of sale, to process the products specified             Kingdom the coefficient shall be 0-8 :
 ---pagebreak--- 31 . 1 . 75                      Official Journal of the European Communities                           No L 24/ 51
(b) the compensatory amounts provided for in the Act        butter sold before the- entry into force of this Regula­
     annexed to the Accession Treaty shall not be appli­    tion .
     cable .
                      Article 21                                                   Article 22
Regulation ( EEC) No 1259/72 is hereby repealed.            This Regulation shall enter into force on 1 February
However, it shall continue to apply in respect of           1975 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 30 January 1975.
                                        '                            For the Commission
                                                                        P. J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- No L 24/52                                Official Journal of the European Communities                                                        ■ 31 . 1 . 75
                                                                     ANNEX I
           Products to be incorporated into the concentrated butter (per metric ton ) where such
                               concentrated butter is to be processed into formula A products
                                                         (first indent of Article 6 ( 1 ) (b))
             I. Either :
                  (aa) 250 g of 4 hydroxy-3 methoxybenzaldehyde obtained either from vanilla or from synthetic
                        vanillin ; or
                        100 g of 4 hydroxy-3 methoxybenzaldehyde obtained exclusively from vanilla beans or
                        integral extracts thereof ('), and
                  (bb) 11 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 ; or
                        150 g of stigmasterol (C29H48O = ∆-5-22-stigmastene-3-beta-ol), at least 95 % pure,
                        calculated on the product ready for incorporation ;
            II . or :
                  (aa) 20 g of ethyl ester of beta-apo-8'-carotenic acid, in the form of a compound soluble in the
                        milkfat, and
                  (bb) 11 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 ; or
                        150 g of stigmasterol (C29H48O = ∆-5-22-stigmastene-3-beta-ol), at least 95 % pure,
                        calculated on the product ready for incorporation ;
           III . or :
                  (aa) 250 kg of refined granulated or powdered sugar, and
                  (bb) 11 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 (2) ; or
                         150 g of stigmasterol (C29H48O = ∆-5-22-stigmastene-3-beta-ol) at least 95 % pure,
                        calculated on the product ready for incorporation (3).
           (') The method of analysis by means of which compliance with this provision is checked is to be the method applied by the official
                agencies of the Member State in which processing into finished products takes place .
           (2) In this case, the final product will have a minimum fat content of 79.1 % .
           (3) In this case, the final product will have a minimum fat content of 79-8 % .
 ---pagebreak--- 31 . 1 . 75                                  Official Journal of the European Communities                                                      No L 24/53
                                                                      ANNEX II
             Products to be incorporated into the concentrated butter (per metric ton) where such
                                 concentrated butter is to be processed into formula B products
                                                          (second indent of Article 6 ( 1 ) (b))
                I. Either :
                    (aa) 250 g of 4 hydroxy-3 methoxybenzaldehyde obtained either from vanilla or from synthetic
                          vanillin ; or
                           100 g of 4 hydroxy-3 methoxybenzaldehyde obtained exclusively from vanilla beans or inte­
                          gral extracts thereof (') and
                    (bb) 600 g of a compound containing at least 80 % of sitosterol (C29H50O = ∆-5-stigmastene-3­
                           beta-ol), whereby the remainder must not contain measurable quantities of stigmasterol ;
              II . or :
                    — 20 g of ethyl ester of beta-apo-8'-carotenic acid, in the form of a compound soluble in the
                         milkfat,
                         and
                    — 600 g of a compound containing at least 80 % of sitosterol" (C29H50O = ∆-5-stigmastene-3­
                         beta-ol), whereby the remainder must not contain measurable quantities of stigmasterol ;
             III . or
                    — 250 g of refined granulated or powdered sugar,
                         and
                    — 600 g of a compound containing at least 80 % of sitosterol (C29H50O = ∆-5-stigmastene-3­
                         beta-ol ), whereby the remainder must not contain measurable quantities of stigmasterol .
            (') The method of analysis by means of which compliance with this provision is checked is to be the method applied by the official
                  agencies of the Member State in which processing into finished products takes place .
            (2 ) In this case, the final product will have a minimum fat content of 79-8 % .
 ---pagebreak--- No L 24/ 54                            Official Journal of the European Communities                                     31 . 1 . 75
                                                              ANNEX III
                                                 Rules referred to in Article 17 ( 1 )
            Sections 101 , 103, 104 and 106 of the control copy provided for in Article 1 of Regulation (EEC) No
            2315/69 shall be completed .
             I. In the case of butter which is to undergo the operations described in Article 6 ( 1 ) (a) and (b) in a
                 Member State other than that of sale :
                 (aa) Section 104 shall be completed by deleting what does not apply and by entering against the
                      second indent the use to which the butter is to be put (formula A or formula B) and one of
                      the following endorsements :
                      — ' Butter intended for concentration and incorporation in accordance with Article 6 ( 1 ) (a)
                          and (b) of Regulation (EEC) No 232/75',
                      —   'Beurre destiné à être concentré et a subir une incorporation conformément à 1 article 6
                          paragraphe 1 sous a) et b) du règlement (CEE) n° 232/75',
                      —   'Butter zur Verarbeitung zu Butterfett und zur Beimischung gemäß Artikel 6 Absatz 1
                          Buchstaben a) und b) der Verordnung (EWG) Nr. 232/75',
                      —   'Burro destinato ad essere concentrato ed essere oggetto di una incorporazione in
                          conformità dell'articolo 6, paragrafo 1 , lettere a) e b), del regolamento (CEE) n . 232/75',
                      —   'Boter bestemd voor verwerking tot boterconcentraat en voor bijmenging overeenkomstig
                          artikel 6, lid 1 , sub a) en b) van Verordening (EEG) nr. 232/75',
                      —   'Smør bestemt til forarbejdning til koncentreret smør og til iblanding i henhold til
                          artikel 6, stk. 1 , litra a) og b), i forordning (EØF) nr. 232/75'.
                 (bb) In section 106 shall be entered :
                      — the closing date for the submission of tenders in response to the individual invitation to
                          tender as a result of which the butter was sold,
                      — the date on which the tenderer took over the butter, and
                      — one of the following endorsements :
                          — 'in the case of butter which has undergone processing as specified in section 104,
                              either :
                              — one or more new No 5 control copies should be issued if the butter is to be sent
                                  to another Member State,
                              — otherwise, the butter must be subject to customs or equivalent administrative
                                  control .',
                          — 'le beurre ayant subi la transformation visée dans la case 104 doit faire 1 objet :
                              — soit de la délivrance d'un ou de plusieurs nouveaux exemplaires de contrôle n° 5,
                                  s'il doit être expédié vers un autre État membre,
                              — soit d'un contrôle douanier ou d'un contrôle administratif présentant des garanties
                                  équivalentes dans le cas centraire.',
                          — 'für die Butter, die wie in Feld 104 angegeben verarbeitet worden ist,
                              — sind entweder ein oder mehrere neue Kontrollexemplare Nr. 5 zu erteilen , wenn
                                  sie in einen anderen Mitgliedstaat versandt wird ,
                              — oder ist andernfalls eine Zollkontrolle oder eine Verwaltungskontrolle mit gleich­
                                  wertiger Sicherheit durchzuführen .',
                           — 'il burro che ha subito la trasformazione di cui alla casella 104 deve essere oggetto :
                              — o del rilascio di uno o di più nuovi esemplari di controllo n . 5, se deve essere
                                  spedito verso un altro Stato membro,
                               — ovvero di un controllo doganale o di un controllo amministrativo che presenti
                                  garanzie equivalenti nel caso contrario.',
                           — 'voor de boter die de in vak 104 bedoelde verwerking heeft ondergaan :
                               — moeten of één of meer nieuwe controle-exemplaren nr. 5 worden afgegeven ,
                                  indien zij wordt vervoerd naar een andere Lid-Staat,
                               — of moet in het tegenovergestelde geval een douanecontrole of een administratieve
                                  controle met gelijke waarborg plaatsvinden .',
 ---pagebreak--- 31 . 1 . 75                            Official Journal of the European Communities                                      No L 24/ 55
                           — 'for smør, der har været genstand for den i rubrik 104 nævnte forarbejdning, skal der :
                               — enten udstedes et eller flere nye kontroleksemplarer nr. 5, hvis det skal sendes til
                                   en anden medlemsstat,
                               — eller i modsat fald foretages en toldkontrol eller en administrativ kontrol, der
                                   giver tilsvarende sikkerhed.'.
                       The number(s) of the new control copy or copies or the national document(s) shall be
                       entered under 'Remarks' in the ' Control as to use and/or destination ' section of the form .
                 (cc) The new control copy or copies shall be filled in by the customs office which supervised the
                     operations described in Article 6 ( 1 ) (a) and (b).
                       Sections 101 , 103 , 104 and 106 shall be completed . One of the endorsements shown in ( II)
                       below shall be entered? in section 104. Section 106 shall specify :
                       — the weight of butter used to produce the quantity of concentrated butter entered in
                           section 103,
                       — the number of the control copy issued by the office of departure and the name of the
                           office,
                       — the closing date for the submission of tenders in response to the individual invitation to
                           tender as a result of which the butter was sold,
                       — the date on which the butter was taken over,
                       — the incorporation effected , using one of the following expressions, as appropriate :
                           — 'product 19.08 (vanilla/enanthic acid)' or ' product 19.08 (vanilla/stigmasterol)', in the
                               case of products resulting from incorporation as specified in Annex I ( I),
                           — 'product 19.08 (carotene/enanthic acid)' or 'product 19.08 (carotene/stigmasterol)', in
                               the case of products resulting from incorporation as specified in Annex I (II),
                           — 'product 19.08 (sugar/enanthic acid)' or 'product (sugar/stigmasterol)', in the case of
                               products resulting from incorporation as specified in Annex I (III),
                           — 'product 18.06 — 21.07 (vanilla/sitosterol)' in the case of products resulting from
                               incorporation as specified in Annex II ( I ),
                           — 'product 18.06 — 21.07 (carotene/sitosterol)' in the case of products resulting from
                               incorporation as specified in Annex II ( II),
                           — 'product 18.06 — 21.07 (sugar/sitosterol)' in the case of products resulting from incor­
                                poration as specified in Annex II (III).
                       If national documents are used, whether one or more than one, they shall include the endor­
                       sements provided for in sections 103, 104 and 106 of the control copy referred to above .
            II . In the case of butter which has undergone the operations described in Article 6 ( 1 ) (a) and (b) in '
                  the Member State of sale and which is to be processed in accordance with Article 6 ( 1 ) (c) in
                  another Member State, section 104 shall be completed by deleting what does not apply and ,by
                  entering against the second indent the use to which the butter is to be put (formula A or formula
                  B) and one of the following endorsements :
                 — 'Concentrated butter for processing into one of the products specified in Article 6 ( 1 ) (c) of
                      Regulation (EEC) No 232/75',
                  — 'beurre concentré destiné à être transformé en 1 un des produits visés à 1 article 6 paragraphe . 1
                      sous c) du règlement (CEE) n° 232/75',
                 — ' Butterfett zur Verarbeitung zu einem der in Artikel 6 Absatz 1 Buchstabe c) der Verordnung
                      (EWG) Nr. 232/75 genannten Erzeugnisse',
                 — ' Burro concentrato destinato ad essere trasformato in uno dei prodotti di cui ali articolo 6,
                      paragrafo 1 , lettera c), del regolamento (CEE) n . 232/75',
                  — Boterconcentraat bestemd voor verwerking tot een van de in artikel 6, lid 1 , sub c), van Veror­
                      dening (EEG) nr. 232/75 genoemde produkten ',
                  — Koncentreret smør bestemt til forarbejdning til et af de i artikel 6, stk. 1 , litra c), i forordning
                      (EØF) nr. 232/75 nævnte produkter'.
 ---pagebreak--- No L 24/ 56                     Official Journal of the European Communities                                     31 . 1 . 75
            In section 106 shall be entered :
            — the closing date for the submission of tenders in response to the individual to tender as a
               result of which the butter was sold,
            — the date on which the successful tenderer took over the butter,
            — the incorporation effected, using one of the following expressions, as appropriate :
               — 'product 19.08 (vanilla/enanthic acid)' or
                   'product 19.08 (vanilla/stigmasterol)', in the case of products resulting from incorporation
                    as specified in Annex I (I),
               — 'product 19.08 (carotene/enanthic acid)' or
                    'product 19.08 (carotene/stigmasterol)', in the case of products resulting from incorpora­
                    tion as specified in Annex I (II),
                — 'product 19.08 (sugar/enanthic acid)' or
                    'product 19.08 (sugar/stigmasterol)' in the case of products resulting from incorporation as
                    specified in Annex I (III),
                — 'product 18.06 — 21.07 (vanilla/sitosterol)' in the case of products resulting from incorpo­
                    ration as specified in Annex II (I),
                — 'product 18.06 — 21.07 (carotene/sitosterol)' in the case of products resulting from incor­
                    poration as specified in Annex II (II),
                — 'product 18.06 — 21.07 (sugar/sitosterol)' in the case of products resulting from incorpora­
                    tion as specified in Annex II (III).
 ---pagebreak--- 31 . 1 . 75                            Official Journal of the European Communities                                     No L 24/57
                                                            ANNEX IV
                                                Rules referred to in Article 17 (2)
              I. Sections 101 , 103, 104 and 106 of the control copy provided for in Article 1 of Regulation (EEC)
                  No 2315/69 shall be completed .
             II. Section 104 shall be completed by deleting what does not apply and by entering against the
                  second indent the use to which the butter is to be put (formula A or formula B) and one of the
                  following endorsements :
                  'Butter for processing under Article 6 (2) of Regulation (EEC) No 232/75',
                  'Beurre destiné à la transformation au titre de 1 article 6 paragraphe 2 du règlement (CEE) n0
                  232/75*,
                  'Butter zur Verarbeitung gemäß Artikel 6 Absatz 2 der Verordnung (EWG) Nr. 232/75 ,
                  ' Burro destinato alla trasformazione a norma dell articolo 6, paragrafo 2, del regolamento (CEE) n .
                  232/75',
                  'Boter bestemd voor verwerking overeenkomstig artikel 6, lid 2, van Verordening (EEG) nr.
                  232/75',
                  'Smør bestemt til forarbejdning i henhold til artikel 6, stk. 2 i forordning (EØF) nr. 232/75 .
            III . In section 106 shall be entered :
                  — the closing date for the submission of tenders in response to the individual invitation to
                      tender as a result of which the butter was sold,
                  — the date on which the successful tenderer took over the butter.