CELEX: 31973R0349
Language: en
Date: 1973-01-31 00:00:00
Title: Regulation (EEC) No 349/73 of the Commission of 31 January 1973 on the sale at reduced prices of intervention butter for direct consumption as concentrated butter

13 . 2. 73                               Official Journal of the European Communities                             No L 40/ 1
                                                                  I
                                              (Acts whose publication is obligatory)
                                  REGULATION (EEC) No 349/73 OF THE COMMISSION
                                                        of 31 January 1973
                       on the sale at reduced prices of intervention butter for direct consumption as
                                                        concentrated butter
 THE COMMISSION OF THE EUROPEAN                                      longed because of the high costs involved ; whereas
 COMMUNITIES,                                                         measures should therefore be adopted to facilitate
                                                                     disposal of the butter ;
 Having regard to the Treaty establishing the Euro­
 pean Economic Community ;
                                                                     Whereas nutritional habits in certain Member States
 Having regard to Council Regulation (EEC) No 804/                   make it possible to sell butter at reduced prices for
 68 (*) of 27 June 1968 on the common organization                   direct consumption as concentrated butter ; whereas
 of the market in milk and milk products, as last                    experience has shown however that a disadvantage
 amended by the Act (2) annexed to Treaty (3) on the                  of such an operation is that butter may not be put
 Accession of new Member States to the European                       to the intended use and result in disturbances on the
 Economic Community and the European Atomic                           market in butter ; whereas provision should there­
 Energy Community, signed at Brussels on 22 Janu­                     fore be made for this measure to be taken at the
 ary 1972, and in particular Article 6 (7) and Article               request of a Member State which considers itself in
 28 thereof ;                                                         a position to lead it to a successful conclusion ;
                                                                     whereas this measure should be limited to quantities
  Having regard to Council Regulation (EEC) No 985/                   which can normally be disposed of for direct con­
  68 (4) of 15 July 1968 laying down general rules for                sumption during the period in question ;
  intervention on the market in butter and cream, as
  last amended by Regulation ( EEC) No 2714/72 (5),
  and in particular Article 7 ( a) thereof ;
                                                                      Whereas if this operation is extended only to butter
  Having regard to Council Regulation (EEC) No 233/                   in public storage, the removal of butter from private
  73 of 31 January 1973 laying down general rules for                 storage might be compromised ; whereas for this
                                                                      reason, butter which has been the subject of a storage
  the system of compensatory amounts for milk and
  milk products (6) ;                                                 contract in accordance with Article 9 (2 ) of Regula­
                                                                      tion (EEC) No 985/68 should also be marketed as
                                                                      part of the operation in question ;
  Whereas a feature of the market in butter in the
  Community is the existence of stocks built up as a
  result of intervention on the market in butter made
  pursuant to Article 6 ( 1 ) and (2) of Regulation                    Whereas the amount of the reduction in the sale
- (EEC) No 804/68 ;                                                    price of butter or the amount of aid must be such as
                                                                       to permit an increase in the consumption of butter ;
  Whereas it will not be possible to dispose of these                  whereas provision should be made for the price
   stocks of butter on normal terms during the present                 reduction to be reflected down to the retail stage ;
   marketing year ; whereas storage should not be pro­
                                                                      Whereas it is necessary to ensure at all marketing
   (') OJ No  L 148, 28 . 6. 1968, p. 13 .                             stages the possibility of differentiating between but­
   <*) OJ No  L 73, 27. 3 . 1972, p. 14.                               ter sold under the conditions provided for in this
   (8) OJ No  L 73, 27. 3 . 1972, p. 5 .                               Regulation and other butter ; whereas to that end,
   (4) OJ No  L 169, 18 . 7. 1968, p. 1 .
   (5) OJ No  L 291 , 28 . 12 . 1972, p. 15 .                          provisions should be made concerning the compo­
   (6) OJ No  L 28, 1 . 2. 1973, p. 37.                                sition, the possibility of differentiating between the
 ---pagebreak---  No L 40/2                              Official Journal of the European Communities                               13 . 2 . 73
 concentrated butter and other butter and the pack­                 (b ) To grant aid for butter which during the
 ing of concentrated butter in small packets ; whereas                   1972/73 milk year was the subject of a storage
to ensure the smooth functioning of the operation,                       contract under Article 8 (2) of Regulation (EEC)
 a time limit should be set for packing ;                                No 985/68 ,
                                                                   for the purpose of the direct consumption in the
Whereas a control system should be set up to ensure                 Community as concentrated butter of a quantity to
 that the butter is not used for any purpose other                 be specified of the butter in question .
 than that for which it was intended ; whereas the
 provisions laid down to that effect by Commission                                           Article 2
 Regulation (EEC) No 1259/72 ( l) of 16 June 1972
 on the disposal of butter at reduced prices to certain             1 . Butter covered by Article 1 ( a) shall be sold ex­
 Community processing undertakings, as last                         cold storage depot at 76 units of account per 100
 amended by Regulation (EEC) No 2815/72 (2)                         kg.
should be resorted to .
                                                                    2.     It shall be sold in quantities of not less than 5
                                                                    metric tons .
Whereas the value of the concentrated butter should
 be taken into account as regards the compensatory
amounts fixed under Regulation ( EEC) No 974/71 ;                   3 . Delivery shall be taken not more than 12 days
                                                                   after the day on which the contract of sale was con­
                                                                    cluded.
Whereas Commission Regulation (EEC) No
 2561/72 (3) of 6 December 1972 on the marketing of                Before taking delivery the buyer shall ;
intervention butter at reduced prices for direct con­              — pay the purchase price of the butter ;
sumption as concentrated butter provided the
possibility of making such sales ; whereas, in view of             — lodge a processing security of 110 units of
the traditions of certain Member States, another                         account per 100 kg.
possibility should be added to the two methods laid                Except in cases of force majeure, if the buyer has
down for the composition of concentrated butter ;                  not taken delivery of the butter within the pre­
whereas moreover, as a result of the enlargement of                scribed time limit, the sale shall be cancelled in
the Community, Regulation (EEC) No 2561 /72                        respect of the remaining quantities .
should be republished ;
                                                                                             Article 3
Whereas the measures provided for in this Regulation
 are in accordance with the Opinion of the Manage­                 1 . Butter removed from storage referred to in Art­
ment Committee for Milk and Milk Products ;                        icle 1 ( b) shall benefit from an aid of 110 units of
                                                                   account per 100 kg.
                                                                   2. The signatory to the storage contract shall
                                                                   inform the intervention agency with which he con­
                                                                   cluded the contract, of the quantities of butter
HAS ADOPTED THIS REGULATION :                                      which he intends to remove from storage, specify­
                                                                   ing its characteristics in the manner determined by
                                                                   the intervention agency.
                          Article 1
                                                                   The intervention agency shall without delay issue an
                                                                   acknowledgement erf receipt.
Member States may, at their request, be authorized :
                                                                                             Article 4
( a) To sell at  reduced prices butter which has been              1.     The butter must be concentrated and put up,
     bought in    under Article 6 ( 1 ) of Regulation              in accordance with Article 5 , in the Member State
     (EEC) No    804/68 and taken into Storage at a
                                                                   where it was removed from storage, hereinafter
     date to be  specified ; the butter may be sold in             called the 'destocking Member State'.
     the natural state or after transformation into con­
     centrated butter mentioned , in Article 5 :
                                                                   2.     These operations must be carried out in an
                                                                  establishment approved for that purpose by the
                                                                   Member State .
(*) OJ No L 139, 17. 6. 1972, p. 18 :
(2) OJ No L 297, 30. 12. 1972, p. 3 .                             3.      Packing must take place within a maximum
(a) OJ No L 274 , 7. 12 . 1972, p. 12 .                            of four weeks from the day :
 ---pagebreak--- 13 . 2. 73                          Official Journal of the European Communities                            No L 40/3
— on which delivery was taken in accordance with                                        Article. 6
    Article 2 (3 ), as regards the butter covered by
    Article 1 (a) ;                                            1.     Any person who holds the butter or the concen­
                                                               trated butter must keep records showing for each
— on which the person in question receives the ac­             delivery the name and address of buyers of the but­
    knowledgement of receipt provided for in Article           ter or the concentrated butter and the quantities pur­
    3 (2) as regards butter covered by Article 1 (b ).         chased .
                                                                                 *
                                                               2. Where the butter is resold, the obligations con­
                                                               cerning processing, putting up and the final
                         Article 5                             intended use of the butter shall be mentioned in the
                                                               contract of sale .
1.      Concentrated butter must :                             Such contract must be made in writing and specify
                                                               that the buyer is aware of the penalties imposed by
— contain at least 95 % butyric fats ;                         the Member State in question, for breaches of the
                                                               aforesaid obligations.
— have been the subject of the incorporation pro­
    vided for in paragraph 2 ;                                 3 . As regards retail trade, only the quantities
                                                               bought need be recorded.
— be marketed in slabs of not more than 250 g,
    wrapped in paper bearing, on the upper surface
     and in letters at least five mm high, one or more                                  Article 7
    of the following statements :
    'Beurre concentré pour la cuisine',                         1.    The butter covered by Article 1 shall remain in
                                                               its original wrappings until it is processed into con­
    'Butterreinfett',                                          centrated butter.
     'Burro concentrato da cucina',
                                                               It shall be accompanied by a list of the packets, en­
                                                               abling the butter to be identified and specifying the
    'Braadboter' or 'Boterconcentraat voor keukenge­           date on which it was removed from storage.
     bruik',
     ' Concentrated butter for cooking',                       2 . The wrappings of butter removed from storage
                                                               shall bear one or more of the following statements
     'Koncentreret smør til husholdningsbrug'.                 in letters at least 2 centimeters high :
                                                               'Beurre destine a être transformé en beurre con­
                                                               centré ( règlement ( CEE) n° 349/73 )',
2. During the melting of the butter there shall be
incorporated per 100 kg of butter used : either                'Butter zur Verarbeitung zu Butterreinfett (Verord­
                                                               nung (EWG) Nr. 349 /73 )',
— 2 kg of C16 and/or C18 fatty acid monoglycerides
     90 % at least pure calculated in monoglycerides            'Burro destinato ad essere transformato in burro con­
     on the product ready to be incorporated, or               centrato ( regolamento ( CEE) n . 349/73 )',
                                                                'Boter bestemd voor verwerking tot braadboter
— 1 kg of pelargonic acid triglycerides (triglycerides          ( Verordening (EEG) nr. 349/73 )',
      of n — nonanoic acid) at least 95 % pure cal­
     culated in triglycerides on the product ready to          or
     be incorporated, or
                                                               ' Boter bestemd voor verwerking tot boterconcentraat
— if the concentrated butter contains at least 99 %            voor keukengebruik (Verordening (EEG ) nr 349/73 )',
     butyric fats, 15 gr of stigmasterol (C29H480 =             'Butter for processing into concentrated butter ( Reg­
      A-5-22-stigmastene-3-beta-ol ) at least 95 %> pure       ulation (EEC) No 349/73 )',
      calculated on the product ready to be incorpora­
      ted .                                                     'Smør bestemt til forarbejdning til koncentreret
                                                               smør (forordning ( E0F) nr. 349/73 )'.
The competent agency shall ensure that the quality             3 . The concentrated butter put up in slabs shall
 and characteristics, in particular the degree of               be delivered and remain until the retail stage in
purity, of the products to be incorporated into the             wrapping bearing one or more of the following state­
melted butter have been observed .                              ments :
 ---pagebreak---     No L 40/4                       Official Journal of the European Communities                               13 . 2 . 73
   'Beurre concentré pour la cuisine (règlement ( CEE)          'Boterconcentraat aan verlaagde prijs voor rech­
   no 349/73 )',                                               tstreeks verbruik (Verordening (EEC ) nr. 349/73 )',
   'Butterreinfett (Verordnung (EWG ) Nr. 349/73 )',           ' Concentrated butter at reduced price for direct con­
  'Burro concentrato (regolamento (CEE) n . 349/73 )',         sumption (Regulation (EEC) No 349/73 )',
  73 )',
                                                               ' Koncentereret smør tilnedsat pris til umiddelbart for­
  'Braadboter (Verordening) (EEG) nr. 349/73 )',               brug (forordning (EOF) nr 349/73 )',
  or
                                                                                       Article 10
  'Boterconcentraat voor keukengebruik (Verordening
  ( EEG ) nr. 349/73 )',                                       1 . The processing security provided for in the
                                                               second indent of Article 2 (3 ), shall be lodged, at the
  'Concentrated butter for cooking (Regulation ( EEC)          choice of the Member State, either in the form of a
 No 349/73 )',                                                cheque made out to the intervention agency, or in
 'Koncentereret smør til husholdningsbrug (Forord­             the form of a guarantee fulfilling the criteria laid
                                                              down by the Member State concerned.
 ning (EOF) nr. 349/73 )'.
                                                              2. Except in the case of force majeure, the secu­
                          Article 8                           rity shall be released only in respect of quantities
                                                              for which the buyer has supplied the intervention
 1 . From the moment it leaves storage and until it           agency with the certificate provided for in Article
 is processed into concentrated butter, the butter            8 (3 ) or, in the case envisaged in Article 9, this certifi­
 shall be subject to customs or equivalent administra­        cate and the control copy.
 tive control .
                                                              3.      The security shall be released forthwith.
 2.      During the processing and packing specified in
 Article 5 , the Member State concerned shall carry
 out an on the spot inspection throughout the whole                                    Article 11
 operation .
                                                              The aid referred to in Article 3 ( 1 ) shall be paid to
 3 . At the end of the inspection, the agency in              the signatory to the storage contract only on presen­
 question shall issue a certificate if it establishes         tation of the documents referred to in Article 10 (2).
 that :
— the conditions of processing and putting up, and                                     Article 12
— the conditions laid down in Article 6, where the
      concentrated butter is to be consumed in the           The Member States shall adopt all necessary pro­
      destocking Member State,                               visions for the amount of the price reduction or the
have been met.                                               amount of aid to be reflected at the retail stage. To
                                                             this end, they shall fix a maximum retail price for
                          Article 9                          concentrated butter, the amount of which shall be
                                                             shown on the wrappings of the slabs together with
Where the concentrated butter is exported to a               the statement referred to in Article 5 ( 1 ). However,
Member State other than the destocking Member                the Member States may in place of this obligation
State, spaces 101 , 103 and 104 of the control copy          adopt other administrative provisions having equiva­
provided for in Article 1 of Regulation (EEC) No             lent effect.
2315 /69 shall be filled in . Space 104 shall be com­
pleted by deleting what does not apply and by
                                                                                      Article 13
making in the second indent, one of the following
statements :
                                                             The Member States shall communicate to the Com­
'Beurre concentré a prix réduit pour la consomma­            mission on Tuesday of each week :
tion directe ( règlement ( CEE) n° 349/73 )',
                                                             — the quantities of the butter covered by Article
'Butterreinfett zu herabgesetzten Preisen fur den                  1 ( a) which have been the subject of sale con­
unmittelbaren Verbrauch ( Verordnung (EWG )' Nr.                  tracts :
349/73 )',
                                                             — the quantities of the butter covered by Article
'Burro concentrato a prezzo ridotto per il consumo                1 ( b) for which the Member State has issued ac­
diretto (regolamento (CEE) n . 349/73 )',                         knowledgements of receipt.
 ---pagebreak---  13 . 2 . 73                        Official Journal of the European Communities                            No L 40/5
                       Article 14                              the parties concerned, a contract of sale signed
                                                               before the date on which this Regulation enters into
 1 . The compensatory amounts applicable to con­               force shall be adjusted in line with the third inset of
 centrated butter shall be equal to those fixed pur­           Article 5 (2).
suant to Regulation (EEC) No 974/71 , weighted by
the coefficient 0-4.                                                                   Article 16
Where necessary, the Commission may alter this                 1 . This Regulation shall enter into force on the
coefficient.                                                   day of its publication in the Official Journal of the
                                                               European Communities.
2. The compensatory amounts provided for in
the Act annexed to the Accession Treaty shall not              This Regulation shall apply from 1 February 1973 .
be applied to butter sold under the head of this
Regulation .                                                   2.    If shall apply until 31 March 1973 .
                       Article IS                              From that date :
                                                               — no delivery of butter covered by Article 1 ( a)
1.     Regulation (EEC) No 2561/72 is repealed.                    may be accepted ;
2. It shall remain applicable to authorizations                — no acknowledgement of receipt for the butter
granted and to contracts signed before this Regula­            covered in Article 1 (b) may be issued by the inter­
tion enters into force. However, on application from           vention agencies.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 31 January 1973 .
                                                                         For the Commission
                                                                             The President
                                                                       Francois-Xavier ORTOLI