CELEX: 31972R2561
Language: en
Date: 1972-12-06 00:00:00
Title: Commission Regulation (EEC) No 2561/72 of 6 December 1972 on the sale at a reduced price of intervention butter for direct consumption as concentrated butter

Official Journal of the European Communities                                     61
 No L 274/12                                 Official Journal of the European Communities                              7. 12. 72
                                           COMMISSION REGULATION (EEC) No 2561/72
                                                          of 6 December 1972
                      on the sale at a reduced price of intervention butter for direct consumption as
                                                           concentrated butter
THE COMMISSION OF THE EUROPEAN                                          State which considers itself in a position to lead it to
COMMUNITIES,                                                            a successful conclusion ; whereas this measure should
                                                                        be limited to quantities which could normally be
Having regard to the Treaty establishing the                            disposed of for direct consumption during the period
European Economic Community,                                            in question ;
Having regard to Council Regulation (EEC) No 804/                       Whereas, if this operation were confined to butter in
68 of 27 June 1968 on the common organization of
                                                                        public storage, it would make it difficult to run down
                                                                        stocks in private storage ; whereas, therefore, butter
the market in milk and milk products (*), as last
amended by Regulation (EEC) No 1411/71 (2), and                         which has been the subject of a storage contract
in particular Articles 6 (7) and 28 thereof,                            under Article 9 (2) of Regulation (EEC) No 985/68
                                                                        should be placed on .the market once more as part of
                                                                        this operation ;
Having regard to Council Regulation (EEC) No 985/
68 of 15 July 1968 laying down general rules for                        Whereas the amount of the reduction in the sale
intervention on the market in butter and cream (3),                     price of butter or the amount of aid must be such
as last amended by Regulation (EEC) No 1075/71 (4),                     as to permit an increase in butter consumption ;
and in particular Article 7a thereof,                                   whereas provision should be made for the price
                                                                        reduction to be reflected down to the retail stage ;
Whereas the situation on the Community butter
 market is marked by stocks built up following                          Whereas butter sold under this Regulation should
 intervention under Article 6 ( 1 ) and (2) of Regulation               be clearly distinguished from other butter at all
 (EEC) No 804/68 ;                                                      marketing stages ; whereas to that end, rules should
                                                                        be laid down concerning composition, the possibility
Whereas it will not be possible to dispose of these                     of distinguishing the concentrated butter from other
stocks on normal terms during the present marketing                     butters and the packing of the concentrated butter
year ; whereas prolonged storage should be avoided                      in small packets ; whereas, to ensure the smooth
in view of the high cost involved ; whereas steps                       functioning of the operation a time limit should be
should therefore be taken to facilitate disposal of                     set for packing;
this butter;
                                                                        Whereas a system of supervision should be set up
                                                                        to ensure that the butter is not diverted from its
Whereas eating habits in certain Member States make
it possible to sell butter at- a reduced price for direct               destination; whereas the provisions to that effect
consumption as concentrated butter; whereas                             contained in Commission Regulation (EEC)
experience has shown however that a disadvantage                        No 1259/72 of 16 June 1972 on the disposal of
of such an operation is that butter may be diverted                     butter at reduced prices to certain Community
from its destination and lead to market disturbances ;                  processing undertakings (5) should be taken over ;
whereas provision should therefore be made for this
                                                                        Whereas the value of the concentrated butter should
measure to be taken at the request of any Member
                                                                        be taken into account in connection with the
                                                                        compensatory amounts fixed pursuant to Regulation
(»)  OJ No L  148, 28. 6. 1968, p . 13 .                                 (EEC) No 974/71 ;
(2)  OJ No L  148, 3 . 7. 1971 , p. 4.
 (3) OJ No  L 169, 18. 7. 1968, p . 1 .
(4)  OJ No L  116, 28 . 5 . 1971 , p . 1 .                               (5) OJ No L 139, 17. 6. 1972, p . 18 .
 ---pagebreak--- 62                                   Official Journal of the European Communities
Whereas the measures provided for in this Regulation            The intervention agency shall without delay issue an
are in accordance with the opinion of the                       acknowledgement of receipt.
Management Committee for Milk and Milk Products,
                                                                                         Article 4
HAS ADOPTED THIS REGULATION :
                                                                1 . The butter must be concentrated and put up,
                                                                in accordance with Article 5 , in the Member State
                          Article 1                             in which it was removed from storage, hereinafter
                                                                 called 'the Member State of removal from storage'.
Member States may, at their request, be authorized :
                                                                2. These operations must be carried out in an
(a) to sell at a reduced price butter bought in under           establishment approved for that purpose by the
     Article 6 ( 1 ) of Regulation (EEC) No 804/68 and          Member State .
     put into storage before a date to be determined ;
(b) to grant aid for butter which during the 1972/73            3 . Packing must take place within a maximum
     marketing year was the subject of a storage                period of four weeks following the day :
     contract under Article 8 (2) of Regulation (EEC)           — on which the butter was taken over in accordance
     No 985/68 ,                                                     with Article 2 (3 ), in the case of butter covered
                                                                     by Article 1 (a);
to ensure the disposal for direct consumption in the
Community, in the form of concentrated butter, of               — on which the person concerned received the
a quantity of this butter still to be specified.                     acknowledgement of receipt required under
                                                                     Article 3 (2), in the case of butter covered by
                                                                     Article 1 (b).
                          Article 2
                                                                                         Article S
1 . Butter covered by Article 1 (a) shall be sold
ex-cold-storage-depot at 76 units of account per                 1 . Concentrated butter must :
100 kilogrammes.
                                                                — contain at least 95% butyric fats :
2 . It shall be sold in Jots of not less than five metric
tons .                                                          — have been the subject of the incorporation
                                                                     provided for in paragraph 2 ;
3 . It shall be taken over not later than 12 days
                                                                — be marketed in slabs of not more than 250
after the day on which the the contract of sale is
concluded .                                                          grammes, wrapped in paper bearing on the upper
                                                                     surface one or more of the following in letters
                                                                      at least 5 mm high :
Before taking it over, the purchaser shall :
— pay the purchase price of the butter ;                         'Beurre concentre pour la cuisine',
— give a processing security of 110 units of account             'Butterreinfett',
     per 100 kg.                                                'Burro concentrato da cucina',
Except in cases of force majeure, if the buyer has               'Braadboter' or 'Boterconcentraat voor keukenge­
                                                                 bruik'.
not taken delivery of the butter within the specified
time limit, the sale shall be cancelled in respect of             ( Concentrated butter for cooking).
 the remaining quantities.
                                                                 2. During rendering the following shall be incor­
                                                                 porated per 100 kg of butter :
                          Article 3
                                                                 either :
 1 . Butter covered by Article 1 (b) shall benefit from          — 2 kg of Ci6 and/or Cis fatty acid monoglycerides
 an aid of 110 units of account per 100 kg.                           at least 90% pure calculated in monoglycerides
                                                                      on the product ready for incorporation,
2. The person who concluded the storage contract                 or
 shall inform the intervention agency with which he
 concluded the contract of the quantities of butter              — 1 kg of pelargonic acid triglycerides (triglycerides
 he proposes to remove from storage and shall specify                 of n—nonanoic acid) at least 95% pure calculated
 its characteristics in the manner determined by the                  in triglycerides on the product ready for incor­
 intervention agency.                                                 poration.
 ---pagebreak---                                       Official Journal of the European Communities                                   63
 The competent agency shall ensure that the quality              'Beurre concentré pour la cuisine (règlement (CEE)
 and characteristics, in particular the degree of purity,        n0 2561/72',
 of the products to be incorporated into the rendered
 butter have been observed.                                      'Butterreinfett (Verordnung (EWG) Nr. 2561/72)',
                                                                 'Burro concentrato (regolamento ( CEE) n . 2561/72',
                         Article 6                               'Braadboter (Verordening (EEG) nr. 2561/72)' or
 1 . Holders of the butter or concentrated butter shall
                                                                 'Boterconcentraat voor keukengebruik (Verordening
                                                                 (EEG) nr. 2561/72)'.
 keep stock records setting out in respect of each
 delivery the name and address of purchasers of the              ( Concentrated butter for cooking (Regulation (EEC)
 butter or the concentrated butter and the quantity              No 2561/72)).
purchased.
2. If the butter is resold, the requirements imposed                                      Article 8
 as regards processing, putting up and use shall
 be incorporated in the contract of sale.                        1 . From the time of its removal from storage and
                                                                until it is processed into concentrated butter, the
Such contract shall be made in writing and shall                butter shall be subject to customs or equivalent
specify that the purchaser is aware of the penalties             administrative control .
imposed by the relevant Member State in respect
 of breaches of the aforesaid obligations.
                                                                2 . During the processing and packing specified in
                                                                Article 5 , the Member State concerned shall carry
3 . At the retail stage a record of quantities purchased        out an on-the-spot inspection throughout the whole
shall suffice.
                                                                 operation .
                         Article 7                              3 . When the inspection has been carried out, the
                                                                agency in question shall issue a certificate if it
                                                                establishes that :
1 . The butter covered by Article 1 shall remain in
its original packing until it is processed into                 — the conditions of processing and putting up, and
concentrated butter.
                                                                — where the concentrated butter is to be consumed
                                                                     in the Member State, of removal from storage,
It shall be accompanied by a list of the packages
enabling the butter to be identified and specifying             the conditions laid down in Article 6, have been met.
the date of removal from storage.
2. Packages containing butter removed from storage                                        Article 9
shall bear one or more of the following in letters
at 'least 2 cm high :
                                                                Where the concentrated butter is dispatched to a
'Beurre destiné à être transformé              en  beurre       Member State other than the Member State of
concentré ( règlement ( CEE) n° 2561/72',                       removal from storage, sections 101 , 103 and 104 of
                                                                the control copy provided for in Article 1 of
'Butter zur Verarbeitung zu Butterreinfett (Verord­             Regulation (EEC) No 2315/69 shall be completed.
nung (EWG) Nr. 2561/72',                                        Section 104 shall be completed by deleting what
'Burro destinato ad essere trasformato          in   burro      does not apply and by adding one of the following
 concentrato (regolamento ( CEE) n . 2561/72)',                 phrases under the second indent :
'Boter bestemd voor verwerking tot braadboter                   'Beurre concentré à prix réduit pour la consomma­
(Verordening (EEG) nr. 2561/72)' or                             tion directe (règlement ( CEE) n° 2561/72)',
'Boter bestemd voor verwerking tot boterconcentraat             'Butterreinfett zu verbilligtem Preis für den unmittel­
voor        keukengebruik       (Verordening        (EEG)       baren Verbrauch (Verordnung (EWG) Nr. 2561/72)',
nr. 2561/72)'.                                                    Burro concentrato a prezzo ridotto per il consumo
(Butter for processing into concentrated butter                 diretto (regolamento (CEE) n. 2561/72)',
(Regulation (EEC) No 2561/72)).                                 'Boterconcentraat tegen verlaagde prijs voor recht­
                                                                streeks verbruik (Verordening (EEG) nr. 2561/72)'.
3 . The concentrated butter put up in slabs shall
be delivered and remain until the retail stage in               (Reduced-price concentrated butter for direct
packings bearing one or more of the following:                   consumption (Regulation (EEC) No 2561/72)).
 ---pagebreak---  64                                   Official Journal of the European Communities
                          Article 10                                                      Article 13
1 . The processing security provided for in the second         Member States shall inform the Commission on
indent of Article 2 (3 ) shall, at the discretion of the        Tuesday of each week of :
Member State, be given in the form of a cheque
made out to the intervention agency, or in the form            — the quantities of butter covered by Article 1 '(a)
of a guarantee meeting criteria laid down by the                    which have been the subject of contracts of sale;
Member State concerned.
                                                               — the quantities of butter covered by Article 1 (b)
2. Except in cases of force majeure, the security                   in respect of which the Member State has issued
shall be released only for quantities in respect of                 acknowledgements of receipt.
with the certificate provided for in Article 8 (3 ) or,
which the purchaser furnishes the competent agency
in the case covered by Article 9, this certificate                                        Article 14
together with the control copy.
                                                                The      compensatory         amounts     applicable    to
3 . The security shall be released immediately.                 concentrated butter shall be equal to those fixed
                                                                pursuant to Regulation (EEC) No 974/71, multiplied
                                                                by 0-4.
                          Article 11
                                                                Where necessary, the Commission may alter this
The aid referred to in Article 3 ( 1 ) shall be paid            coefficient.
to the person who concluded the storage contract
only on production of the documents referred to
in Article 10 (2).                                                                        Article 15
                          Article 12                            1 . This Regulation shall enter into force on the day
                                                                following its publication in the Official Journal of
                                                                the European Communities.
The Member States shall take ail necessary steps to
ensure that the incidence of the price reduction or
aid is felt at the retail stage.                                2. It shall apply until 31 March 1973 .
                                                                From that date :
To this end, Member States shall fix a maximum
retail price for concentrated butter which shall be             — no further butter shall         be  taken   over   under
indicated on the packing of the slabs together with                 Article 1 ( a);
the phase referred to in Article 5 ( 1 ). However,
Member States may in place of this obligation adopt             — no further acknowledgements of receipt shall be
other administrative provisions having equivalent                   issued by intervention agencies for the butter
effect.                                                             covered by Article 1 (b).
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 6 December 1972.
                                                                                    For the Commission
                                                                                       The President
                                                                                     S. L. MANSHOLT