CELEX: 31979R0086
Language: en
Date: 1979-01-18
Title: Commission Regulation (EEC) No 86/79 of 18 January 1979 amending Regulation (EEC) No 232/75 on the sale of butter at reduced prices for use in the manufacture of pastry products and ice-cream

No L 13 / 18                           Official Journal of the European Communities                                 19 . 1 . 79
                                      COMMISSION REGULATION (EEC) No 86/79
                                                      of 18 January 1979
               amending Regulation (EEC) No 232/75 on the sale of butter at reduced prices for
                              use in the manufacture of pastry products and ice-cream
THE COMMISSION OF THE EUROPEAN                                         'Article 2
COMMUNITIES,
                                                                      The butter shall be sold :
 Having regard to the Treaty establishing the European                (a) by means of a standing invitation to tender
 Economic Community,                                                         opened by each intervention agency in respect
                                                                             of the quantities of butter in question held by
 Having regard to Council Regulation (EEC) No                                it ;
 804/68 of 27 June 1968 on the common organization
of the market in milk and milk products ('), as last                  (b) at a fixed price, ex cold store, in accordance
amended by Regulation (EEC) No 1761 /78 (2), and in                         with Article 13a (2) (b).'
 particular Articles 6 (7) and 28 thereof,
                                                                                              Article 3
Whereas Commission Regulation (EEC) No 232/75 of
30 January 1975 (3), as last amended by Regulation                The following paragraph 3 is added to Article 5 :
(EEC) No 52/79 (4), provided for the sale by tender of
butter intended for use in the manufacture of pastry                  '3 . In the case of sale at a fixed price, referred to
 products and ice-cream ; whereas it is appropriate to                in Article 2 (b), the possibility of the sampling
adopt a corresponding measure for the sale of the                     provided for in paragraph 2 shall also be open to
butter concerned at a fixed price in order that the                   the interested party before the conclusion of the
 processing industry may temporarily obtain supplies,                 contract to purchase referred to in Article 13a ( 1 ).'
in certain special circumstances which exist particu­
 larly in the United Kingdom, and in a situation of
 rising stocks of butter, outside the tendering proce­                                        Article 4
dure ;
                                                                  The following paragraph 4 is added to Article 6 :
Whereas, to this end, it is appropriate to supplement                 '4.        In the case of sale at a fixed price :
 the provisions of Regulation (EEC) No 232/75 by
 laying down the rules for direct sale at a fixed price ;             (a) the butter shall be sold only to those persons
whereas this price should be established in such a way                       who give the written undertakings referred to
as to ensure priority to sale by tender ;                                    in paragraph 1 ;
                                                                      (b) the provisions of paragraphs 2 and 3 shall
Whereas the measures provided for in this Regulation                         apply ;
 ? re in accordance with the opinion of the Manage­
 ment Committee for Milk and Milk Products,                           (c) the date of taking over referred to in paragraph
                                                                             1 (d) and in the first subparagraph of paragraph
                                                                             2 which shall be taken into consideration shall
                                                                             be the date referred to in Article 13b (4).'
 HAS ADOPTED THIS REGULATION :
                                                                                              Article 5
                            Article 1                             The following Articles 13a and 13b are inserted :
 Regulation (EEC) No 232/75 is amended in accor­
 dance with this Regulation .                                           Article 13a
                                                                       In the case of sale at a fixed price, referred to in
                            Article 2                                 Article 2 (b) :
                                                                        1 . Requests to purchase may be submitted to, and
 Article 2 is replaced by the following Article :                           contracts to purchase may concluded with, the
                                                                            intervention agency only during the week
(•)  OJ No  L 148 , 28 . 6. 1968 , p. 13 .
(2)  OJ No  L 204, 28 . 7. 1978 , p. 6.                                     beginning the Monday following the closing
(3)  OJ No  L 24, 31 . 1 . 1975, p. 45.                                     date for the submission of the tenders referred
(«)  OJ No  L 8 , 12. 1 . 1979, p. 10 .                                     to in Article 4 (2) (selling period).
 ---pagebreak--- 19 . 1 . 79                           Official Journal of the European Communities                           No L 13/ 19
     2. The butter shall be sold :                                  3 . On payment of the purchase price and when
                                                                    the processing security has been lodged, the inter­
         (a) in quantities of at least five tonnes ;                vention agency shall issue a removal warrant indi­
                                                                    cating :
         (b) ex cold store at a price: equal to the                 — the quantity in respect of which these condi­
             minimum selling price fixed, in accordance                  tions have been satisfied,
             with Article 9 ( 1 ) for the particular invita­
             tion to tender immediately preceding the               — the store in question,
             selling period, increased by three units of            — the latest date for taking delivery,
             account per 100 kilograms. However, the                — the date of expiry of the selling period during
             reduction in price of 14 units of account                  which the butter has been purchased.
             per 100 kilograms provided for in the
             second subparagraph of Article 1 1 (2) shall
             apply to the purchaser who has undertaken              4. The purchaser shall take delivery of the
             to observe the conditions laid down in the             butter within 30 days from the date of the conclu­
             said provisions.                                       sion of the contract of sale . Delivery may be taken
                                                                    in instalments .
    3. Requests to purchase which reach the interven­               5. Save in cases of force majeure, if the
         tion agency on the same day shall be deemed                purchaser has not taken delivery of the butter
         to have been submitted at the same time . If,              within the prescribed period, the contract of sale
         after taking such requests into account, it is             shall be cancelled in respect of the quantities not
         found that they exceed the quantity available in           taken and the payment on account shall be for­
         a store, then, failing an amicable arrangement             feited in respect of those quantities.'
         with the interested parties, the intervention
         agency shall allocate the available quantity by
         the drawing of lots.                                                           Article 6
    4. The contracts to purchase shall incorporate :            The following Article 20a is inserted :
         — the undertakings laid down in Article 6 (4),
                                                                    'Article 20a
         — an indication of the anticipated use to
             which the butter will be put, in accordance            The Member States shall        communicate    to     the
             with Article 7 (2) (c),                                Commission, no later than the 15th day of every
                                                                    month, the quantities of butter which under this
         — the declaration of the purchaser, laid down              Regulation and during the preceding month :
             in Article 7 (4) (b), to forgo any claim .
                                                                    — have been the subject of a contract of sale,
                                                                    — have been allocated under the tendering proce­
    Article 13b                                                         dure,
          \                                                         — have been removed from store, divided up
                                                                        according to the methods of sale laid down in
     1 . The intervention agency shall sell the butter                  this Regulation .'
    only if, no later than the date of conclusion of the
    contract of sale, a payment on account is made of
    five units of account per 100 kilograms in respect
                                                                                        Article 7
    of the total quantity covered by the contract.
                                                                This Regulation shall enter into force on the day of its
    2. The receipt of each quantity which the                   publication in the Official Journal of the European
    purchaser intends to withdraw, shall be condi­              Communities.
    tional on :
                                                                It shall be applicable until 4 March 1979 .
    (a) payment of the balance of the purchase price ;
    (b) the lodging of a processing security the                The first period of sale referred to in Article 13a ( 1 ) of
          amount of which shall be equal to that laid           Regulation (EEC) No 232/75 shall commence, by way
          down pursuant to Article 9 (2) for the parti­         of derogation from the said provisions, on Friday, 19
          cular tendering        procedure     immediately      January 1979 and shall terminate on Wednesday, 24
          preceding the selling period .                        January 1979 .
 ---pagebreak--- No L 13 /20                     Official Journal of the European Communities                       19 . 1 . 79
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, ,18 January 1979 .
                                                                   For the Commission
                                                                    Finn GUNDELACH
                                                                       Vice-President