CELEX: 31978R1901
Language: en
Date: 1978-08-04 00:00:00
Title: Commission Regulation (EEC) No 1901/78 of 4 August 1978 on the sale of butter at a reduced price during the 1978/79 milk year for direct consumption in the Community

5 . 8 . 78                            Official Journal of the European Communities                         No L 216/43
                                  COMMISSION REGULATION ( EEC) No 1901 /78
                                                      of 4 August 1978
               on the sale of butter at a reduced price during the 1978/79 milk year for direct
                                             consumption in the Community
 THE COMMISSION OF THE EUROPEAN                                   1764/78 of 25 July 1978 on the granting of a
 COMMUNITIES,                                                    consumer subsidy for butter (5) provides for a subsidy
                                                                  for butter produced in Italy and intended for direct
 Having regard to the Treaty establishing the European           consumption there, so that Italian consumers may
 Economic Community,                                             benefit under comparable conditions from a reduction
                                                                 in the price of butter ; whereas it is therefore neces­
                                                                 sary to adopt at the same time detailed rules for the
 Having regard to Council Regulation (EEC) No                    application of Regulation (EEC) No 1764/78 ;
 804/68 of 27 June 1968 on the common organization
 of the market in milk and milk products ( l), as last
 amended by Regulation (EEC) No 1761 /78 (2), and in              whereas    on   the   butter   market  in  the  United
 particular Articles 6 (7), 12 (3) and 28 thereof,               Kingdom there are large stocks of imported butter
                                                                 which have a depressive effect on prices ; whereas the
 Having regard to Council Regulation (EEC) No                    market price is appreciably below the intervention
 985/68 of 15 July 1968 laying down general rules for            price ; whereas, to avoid a worsening of the situation
 intervention on the market in butter and cream (3), as          on the United Kingdom market, this Regulation
 last amended by Regulation (EEC) No 2714/72 (4), and            should not be applied to the United Kingdom, and a
 in particular Article 7a thereof,                               different solution should be found to enable
                                                                 consumers in this Member State to benefit from a
Whereas there are stocks of butter on the Community              similar reduction in the price of butter ;
 market resulting from intervention under Article 6 ( 1 )
and (2) of Regulation (EEC) No 804/68 ;
                                                                 Whereas when a Member State makes use of Council
Whereas it will not be possible to dispose of all these
                                                                 Regulation (EEC) No 880/77 of 26 April 1977 on the
                                                                 granting of a consumer subsidy for butter (6), as last
stocks of butter on normal terms during the present
                                                                 amended by Regulation (EEC) No 1040/78 (7), the
 milk year ; whereas continued storage should be
                                                                 measures provided for in this Regulation are to be
avoided in view of the high cost involved ; whereas
steps should therefore be taken to facilitate disposal of        combined with the subsidy granted under the above­
 this butter ;                                                   mentioned Regulation ;
Whereas the butter could be disposed of by selling it            Whereas, to ensure an equitable distribution
at a reduced price for direct consumption ;                      throughout the Community of the butter placed at the
                                                                 disposal of consumers in connection with this
Whereas in view of the differing consumer tastes in              measure, and to avoid disturbances of the market in
different parts of the Community it seems appropriate            certain Member States, maximum quantities to which
to allow Member States the choice of either applying             this measure may be applied in each Member State
this measure for a longer period using a larger quan­            should be fixed for each alternative, taking into
tity of butter from public stocks and granting a                 account the normal consumption in that Member
smaller price reduction or to sell limited quantities of         State ; whereas for administrative and control reasons
butter from public stocks or private storage at a                this system may be applied only where the butter is
sharply reduced price but limiting the duration of the           consumed in the Member State concerned and its
measure ;                                                        distribution is carried out by the national authorities ;
Whereas, since Italy has on its territory no butter in
public storage or in private storage under contract,             Whereas butter sold under this Regulation should be
and since production conditions there are such that              clearly distinguished from other butter at all
the butter price support mechanisms cannot prevent               marketing stages ; whereas, to this end, it should be
price distortions, Council Regulation (EEC) No                   provided that the butter is to be put up in small
                                                                 packets and within a specified time limit ;
(•) OJ No L 148 , 28 . 6. 1968 , p. 13 .
(A OJ No L 204, 28. 7. 1978, p. 6.                               (5) OJ No L 204, 28 . 7. 1978 , p. 10 .
(3) OJ No L 169, 18 . 7. 1968 , p. 1 .                           (6) OJ No L 106, 29. 4. 1977, p. 31 .
(<) OJ No L 291 , 28 . 12. 1972, p . 15.                         (7) OJ No L 134, 22. 5. 1978, p. 7.
 ---pagebreak--- No L 216/44                           Official Journal of the European Communities                                 5. 8 . 78
Whereas there must be supervision to ensure that the            (b) shall grant a subsidy in respect of butur which
butter is not diverted from its destination ; whereas                 during the milk year 1978/79 has been the subject
the keeping of stock records at all marketing stages,                 of a storage contract in accordance with the provi­
the giving of a security and, in the case of butter from              sions of Article 8 (2) of Regulation (EEC) No
private storage, the condition that aid is paid only if               985/68 , and which has been stored under contract
certain requirements are met, will contribute to this                 for at least four months from the date of the appli­
end ; whereas, moreover, as regards butter from public                cation referred to in Article 6 (2).
storage the provisions of Commission Regulation
(EEC) No 1687/76 of 30 June 1976 laying down
common detailed rules for verifying the use and/or               2.     By way of derogation from paragraph 1 , so as not
destination of products from intervention ('), as last           to disadvantage the removal from store of privately
amended by Regulation (EEC) No 1 665/78 (2) apply ;              stored butter, those Member States choosing to use
whereas the same provisions may be applied to butter             formula A may replace a quantity of butter, not
from private storage ;                                           exceeding 20 % of that fixed in Article 2 ( 1 ) as origi­
                                                                 nating in public storage, by butter in private storage
                                                                 satisfying the conditions set out in paragraph 1 (b).
Whereas information should be forwarded to the
Commission at regular intervals to enable it to follow
the progress of the operation ;                                  In this case, the butter shall , in accordance with condi­
                                                                 tions analogous to those set out in Article 6 (2) and in
Whereas the measures provided for in this Regulation             in the second indent of Article 8 , be granted an aid of
are in accordance with the opinion of the Manage­                35 units of account per 100 kilograms. However, the
ment Committee for Milk and Milk Products,                       request for the removal from store shall be made to
                                                                 the intervention agency between 16 September and 31
                                                                 December 1978 .
 HAS ADOPTED THIS REGULATION :                                   3.     Italy shall use butter manufactured there from
                                                                 cream .
                            TITLE I                              Where formula A is used, this butter shall be granted
                                                                 an aid of 35 units of account per 100 kilograms.
                     General provisions                          Those storing the butter shall make applications for
                                                                 aid to the Italian intervention agency between the
                                                                 date of entry into force of this Regulation and 31
                                                                  December 1978 .
                           Article 1
 1.     Under the conditions laid down in this Regula­           Where formula B is used, the butter shall be granted
 tion, and subject to the maximum quantities specified           an aid of 75 units of account per 100 kilograms.
 in Article 2, Member States shall, at their option,             Those storing the butter shall make applications for
 apply one or other of the following measures :                   aid to the Italian intervention agency during a period
                                                                  to be fixed by Italy and falling between 16 September
                                                                  and 30 November 1978 .
 Formula A
 In accordance with Articles 2, 3 and 4, they shall sell,        Applications for aid shall state the origin of the butter,
 at a reduced price, butter which has been the subject            the quantity and the date and place to be used for
 of the measures provided for in Article 6 ( 1 ) of Regula­       packing into small packets. In addition, the provisions
 tion (EEC) No 804/68 and has been put into the inter­            of Article 2 (2), the second subparagraph of Article 6
 vention agency's coldstore before 15 July 1978 .                 (2), and those of Articles 7, 8 , 10, 11 and 12 shall
                                                                  apply.
 Formula B
 In accordance with Articles 2, 5, 6 and 7 they :                 The provisions of Regulation (EEC) No 1687/76 shall
                                                                  apply from the day on which the butter is put into
 (a) shall sell, at a reduced price, butter which has been        small packets.
      the subject of the measures provided for in Article
      6 ( 1 ) of Regulation (EEC) No 804/68 and has been
      put into the intervention agency's coldstore before                                 Article 2
      15 July 1978 ;
 (') OJ No L 190, 14. 7. 1976, p. 1 .                              1 . The quantities referred to in Article 1 shall be as
 (2) OJ No L 192, 15 . 7 . 1978 , p. 49 .                         follows (in tonnes) :
 ---pagebreak---  5. 8 . 78                            Official Journal of the European Communities                                      No L 216/45
                                                                                  Formula B
                         Member State           Formula A
                                                                Total            Public storage        Private storage
                                                               quantity       (minimum quantity)     (maximum quantity)
                Belgium                           8 900         4 150                1 450                  2 700
                Denmark                           3 700         1 800                1 000                    800
                Germany                          35 700        16 600              12 000                   4 600
                France                           40 000        18 600                4 500                14 100
                Italy                            14 200         6 700                 —                      —
                Ireland                           3 500         1 600                 —
                                                                                                            1 600
                Luxembourg                          300            150                  100                     50
                Netherlands                       7 200         3 400                2 000                  1 400
 2. Member States shall take appropriate measures to            2. The butter shall be marketed in packets
ensure, as far as possible, that there is an equitable          weighing not more than 500 grams, bearing on the
distribution of the quantities of butter specified in           upper surface, in letters at least 5 mm high :
paragraph 1 , in particular taking into account the
quantity of butter normally disposed of for direct              (a) one or more of the following :
consumption by those concerned.                                        — ' Intervention butter',
                                                                      — ' Interventionssmør ,
                                                                      — 'Molkereibutter aus Interventionsbeständen ,
                           TITLE II
                                                                      —' 'Beurre d'intervention',
             Detailed rules for formula A                             — ' Burro di intervento ,
                                                                      — 'Koelhuisboter or 'Interventieboter ;
                          Article 3
                                                                (b) such maximum price as has been set pursuant to
                                                                      Article 12 (2).
 1.    Under formula A the butter shall be sold :
(a) before 1 January 1979 ;                                     However, Member States may fix the maximum
                                                                weight at 250 grams.
(b) ex coldstore at a price equal to the buying-in price
    applied by the intervention agency concerned on             3 . Within one month from the day on which it was
    the day when the contract of sale is concluded,             taken over in accordance with Article 3 (3), the butter
    minus 35 units of account per 100 kilograms.                shall be put up in packets in the Member State where
                               /                                it is to be sold for direct consumption . Such putting
2.     It shall be sold in lots of not less than five           up shall take place at an establishment approved for
tonnes .                                                        the purpose by the Member State concerned and
                                                                under the conditions laid down by that Member State.
3.     It shall be taken over not later than 12 days after
the contract of sale is concluded .
                                                                                                TITLE III
Before taking it over, the purchaser shall :
— pay the purchase price of the butter, and                                  Detailed rules for formula B
— give a packing security of 40 units of account per
     100 kilograms.
                                                                                                Article 5
Except in cases of force majeure, the sale shall be
cancelled in respect of any quantities not taken over           1 . Under formula B butter from public storage shall
by the purchaser within the specified time limit.               be sold ex coldstore at a price equal to the buying-in
                                                                price applied by the intervention agency concerned
                                                                on the day when the contract of sale is concluded,
                          Article 4                             minus 75 units of account per 100 kilograms.
1 . The butter shall be used exclusively for direct             It shall be sold in lots of not less than five tonnes.
consumption as such on the territory of the Member
State where it is held, or, in the case of butter from          2.      The contracts of sale shall be concluded within a
private stocks, on the territory of the Member State of         period fixed by the Member State concerned and
the intervention agency referred to in Article 6 (2).           falling between 16 September and 30 November 1978 .
 ---pagebreak--- No L 216/46                        Official Journal of the European Communities                               5 . 8 . 78
3.    It shall be taken over not later than 12 days after    3 . The butter shall be put up in packets within one
the contract of sale is concluded .                          month from, depending on the case, either the day
                                                             when the butter was taken over in accordance with
Before taking it over, the purchaser shall :                 Article 5 (3) or the day of the acknowledgement of
                                                             receipt referred to in the second subparagraph of
— pay the purchase price of the butter, and                  Article 6 (2).
— give a packing security of 80 units of account per
     100 kilograms.                                          Such putting up shall take place in the Member State
                                                             where the butter is to be sold for direct consumption,
Except in cases of force majeure, the sale shall be          at an establishment approved for the purpose by the
cancelled in respect of any quantities not taken over        Member State concerned and under the conditions
by the purchaser within the specified time limit.             laid down by that Member State .
                        Article 6
                                                                                      TITLE IV
1 . Butter from private storage sold under formula B
shall qualify for aid at the rate of 75 units of account                            Supervision
per 100 kilograms.
                                                                                      Article 8
2. The signatory of the storage contract shall,
within period fixed by the Member State concerned in
                                                             As regards butter from private storage :
accordance with Article 5 (2), make an application for
the removal from store to the intervention agency            — the provisions of Regulation (EEC) No 1687/76
with which he concluded the contract, indicating in                shall apply from the day on which it is removed
accordance with the conditions laid down by the inter­             from storage,
vention agency the quantities of butter he proposes to
                                                              — the aid referred to in Article 6 ( 1 ) shall be paid
remove from storage and its characteristics and giving
                                                                   only on presentation of the proof referred to in
the date for removal from storage.                                 Article 12 of Regulation (EEC) No 1687/76 and in
                                                                   respect of the quantities covered by that docu­
The agency shall forthwith issue an acknowledgement                ment .
of receipt permitting or refusing, in whole or in part,
in accordance with Article 2 (2), removal from storage
pursuant to this Regulation .                                                         Article 9
                        Article 7
                                                               1 . The butter shall remain in its original packing
                                                              until it is put up in small packets.
 1 . The butter shall be used      exclusively for direct     It shall be accompanied by a list of the parcels or
consumption on the territory      of the Member State         packages enabling it to be identified and specifying
where it is held, or, in the case  of butter from private     the date of its removal from storage.
stocks, on the territory of the    Member State of the
 intervention agency referred to   in Article 6 (2).           2. Packages containing either butter in bulk or in
                                                              small packets shall bear, in letters at least 2 cm high,
 2. The butter shall be marketed in packets                   one or more of the following inscriptions :
weighing not more than 500 grams, bearing on the
 upper surface in letters at least 5 mm high :                — 'Butter at reduced price (Regulation (EEC) No
                                                                   1901 /78)',
(a) one or more of the following :
                                                              — Smør til nedsat pris (forordning (EØF) nr.
     — 'Special EEC sale',                                         1901 /78)',
     — 'Saerligt EØF-salg ,                                   — 'Verbilligte Butter (Verordnung (EWG) Nr.
     — ' EWG-Sonderverkauf ,                                        1901 /78)',
     — 'Vente spéciale CEE ,                                  — Beurre a prix réduit (règlement (CEE) n°
                                                                    1901 /78)',
     — 'Vendita speciale CEE ,
                                                               — Burro a prezzo ridotto (regolamento (CEE) n .
     — 'Speciale verkoop EEG ;                                      1901 /78)',
(b) such maximum price as has been set pursuant to            — Boter tegen verlaagde prijs (Verordening (EEG) nr.
     Article 12 (2).                                                1901 /78)'.
 However, Member States may fix the maximum
 weight at 250 grams.                                          and in addition the words ' formula A or ' formula B'.
 ---pagebreak--- 5. 8 . 78                            Official Journal of the European Communities                       No L 216/47
                         Article 10                            2.    To this end, Member States shall fix a maximum
                                                               retail price for butter.
 1.    If the butter is resold, the requirements imposed
as regards the end use of the butter and the final date
                                                               However, Member States may in place of this obliga­
for packing shall be incorporated in the contract of           tion subsitute other administrative provisions having
sale.
                                                               equivalent effect.
Such contract shall be made in writing and shall
specify that the purchaser is aware of the penalities
                                                                                        Article 13
imposed by the Member State concerned in respect of
breaches of the aforesaid obligations.
                                                               Member States shall inform the Coommission :
2. Holders of butter shall keep stock records setting
out in respect of each delivery the name and address           1 . not later than 1 September 1978 of the formula
of the purchaser and the quantities purchased.                     which they have chosen pursuant to Article 1 ( 1 )
However, at the retail stage a record of quantities                and, if formula B is chosen, of the period referred
purchased shall suffice. The retail trade shall sell the           to in Articles 5 (2) and 6 (2) ;
butter only for direct consumption .
                                                               2. on the Tuesday of each week :
                         Article 11                                — of the quantities of butter from public storage
                                                                       which have been the subject of contracts of sale
The requirements of Regulation (EEC) No 1687/76                        with the intervention agency pursuant to this
regarding the use and/or destination of the butter                     Regulation,
shall be considered to have been satisfied when the
butter has been put up into small packets and taken                — of the quantities of butter from private storage
over by the retail trade in the Member State where it                  in respect of which the Member State has
is held or, in the case of butter from private stocks, in              issued the document referred to in the second
the Member State of the intervention agency referred                   subparagraph of Article 6 (2).
to in Article 6 (2).
                                                                                        Article 14
                         Article 12
1 . The Member States shall take all necessary steps           This Regulation shall enter into force on the third day
to ensure that the incidence of the price reduction or         following its publication in the Official Journal of
aid isV felt at the retail stage.                              the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 4 August 1978 .
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President