CELEX: 31972R2815
Language: en
Date: 1972-12-22 00:00:00
Title: Regulation (EEC) No 2815/72 of the Commission of 22 December 1972 amending Regulation (EEC) No 1259/72 on the disposal of butter at a reduced price to certain Community processing undertakings

Official Journal of the European Communities                                   5
30.12.72                         Official Journal of the European Communities                     No L 297/3
                    REGULATION (EEC) No 2815/72 OF THE COMMISSION
                                              of 22 December 1972
            amending Regulation (EEC) No 1259/72 on the disposal of butter at a reduced
                             price to certain Community processing undertakings
THE COMMISSION          OF THE EUROPEAN          COM­      supervision; whereas the formula must there­
MUNITIES,                                                  fore be made more precise, and use must be
                                                           given a period of adjustment;
Having regard to the Treaty establishing the               Whereas , moreover, the second indent of
European Economic Community;
                                                           Article 6 (2) (c) provides, as one of the final
                                                           destinations of the butter sold, for its processing
Having regard tc Council Regulation (EEC)                  into edible ices falling within subheadings
No 804/681 of 27 June 1968 on the common                   ex 18.06 B , ex 21.07 C of the Common Customs
organisation of the market in milk and milk                Tariff, of a milkfat content of less than 15% ;
products, as last amended by Regulation (EEC)              whereas it has been found that in certain
No 1411/71,2 anc in particular Articles 6 (7)              Community industries this content may be
and 28 thereof;
                                                           higher; whereas this should be borne in mind
                                                           when the products are defined;
Having regard tc Council Regulation (EEC)
No 985/683 of 15 July 1968 laying down                     Whereas Article 6 (2) should be amended in line
general rules for intervention on the market in
butter and cream, as last amended by Regula­               with the list of products in Article 6 (1 ) (c);
tion (EEC) No 1075/71 ,4 and in particular                 whereas, moreover, the Italian text needs
Article 7 (a) therecf;                                     rectifying as regards the reference to sub­
                                                           heading ex 18.06, which must be replaced by
Whereas several amendments must be made to                 ex 18.06 D, in Article 6 (2) (c), and as regards
Commission Regulation (EEC) No 1259/725 of                 the endorsement on the control copy, provided
16 June 1972 on the disposal of butter at a                for in Article 17;
reduced price to certain Community processing
undertakings, as last amended by Regulation                Whereas, pursuant to Article 16 (2), concen­
(EEC) No 2161/726; whereas , since several                 trated butter containing an indicator must be
amendments have already been made, the                     packed in special packings if transported before
operative part of the Regulation should for the            being processed into one of the prescribed
sake of clarity be redrafted;                              products; whereas certain processers may trans­
                                                           port such butter in tanks or containers;
Whereas Article 6 ( 1 ) (b) of that Regulation             whereas provisions must be adopted in respect
provides for the use of a compound containing              of this form of transport;
at least 60% of beta sitosterol for denaturing;
whereas the formula at present prescribed in               Whereas, in order not to limit the scope of the
respect of the compound has caused the                     operation, Member States should be free to
provisions to be interpreted in a number of                make provision for less onerous proof of the
different ways and has led to the use of certain           use of butter sold, which proof is dealt with
products which do not permit of adequate                   in Article 18 (2), in cases where users buy
                                                           small quantities of butter containing an indi­
                                                           cator;
1  OJ No L 148, 28.6.1968, p. 13 .
2  OJ No L 148, 3.7.1971 , p. 4.                           Whereas the measures provided for in this
3  OJ No L 169, 18.7.1968, p. 1 .                          Regulation are in accordance with the Opinion
4  OJ No L 116 , 28.5.1971 , p. 1 .
5  OJ No L 139, 17.6.1972, p . 18.                         of the Management Committee for Milk and
6  OJ No L 231, 11.10.1972, p. 12.                         Milk Products;
 ---pagebreak--- 6                                 Official Journal of the European Communities
HAS ADOPTED THIS REGULATION :                                Article 5
                                                             1.     The intervention agency shall keep up
                      Article 1
                                                             to date and make available on request to
                                                             the persons concerned the list of refrigerated
The Articles of Regulation (EEC) No 1259/72                  warehouses holding butter put up for tender,
are replaced by the following:                               together with the corresponding quantities ,
                                                             referred to in Article 3 (1 ) (b). In addition
    'Article 1                                               the intervention agency shall publish regu­
    Butter purchased in accordance with                      larly an up-to-date version of the list in some
    Article 6 ( 1) of Regulation (EEC) No 804/68             appropriate form which it shall indicate in
    and entered into stock before 1 May 1972                 the notice of tender referred to in Article 3 .
    shall be sold under the conditions described
    hereinafter .
                                                             2.      The intervention agency shall adopt
                                                             the necessary provisions to enable the
                                                             persons concerned to examine at their own
    Article 2
                                                             expense, before tendering, samples of the
    The butter shall be sold by means of the                 butter put up for sale.
    standing tendering procedure held by each
    of the intervention agencies for the quantities          Article 6
    of butter concerned which it is holding.
                                                              1.     The tenderer may not take part in
    Article 3                                                the invitation to tender unless he gives an
    1.     The intervention agency shall issue a             undertaking in writing:
    notice of tender indicating in particular:                (a) to have all the butter awarded processed
    (a) the location of the refrigerated ware­                    into concentrated butter with a minimum
        house or warehouses in which the butter                   fat content of 99*8% , in an establishment
        is held ;                                                 approved by the Member State in whose
                                                                  territory the processing is carried out;
    (b) the quantities of butter put up for sale
        in each of the warehouses ;                           (b) in the course of this processing and in
                                                                  the same establishment to have incor­
    (c) the time limit and address for submission
        of offers .                                               porated per metric ton of concentrated
                                                                  butter, to the exclusion of all other
    2.     The notice of tender shall be published                products and in such a way as to ensure
    in the Official Journal of the European­                      homogenous diffusion of the consti­
    Communities at least eight days before expiry                 tuents :
    of the first time limit for the submission
    of offers . In addition, the intervention agency              (aa) either:
    may issue further notices.                                          — 250 g of the product 4 hydroxy-3
                                                                           methoxybenzaldehyde coming
    Article 4                                                              either    from  vanilla or    from
                                                                           synthetic vanillin, and
    1.     During the period of validity of the
    standing invitation to tender, the interven­                      — 600 g of a compound containing
                                                                           at    least   80%    of  sitosterol
    tion agency shall issue individual invitations
    to tender . Each individual invitation to                              ( C29H50O = A-5-stigmastene-3­
    tender shall concern the butter referred to                            £-ol), the remaining part not to
    in Article 1 which is still available .                                contain measurable quantities of
                                                                           stigmasterol ;
    2.     As regards the first individual invita­
    tion to tender, the time limit for submission                 (bb) or:
    of tenders shall expire at 12 noon on                               — 20 g of ethyl ester of beta-apo­
    11 July 1972.                                                          8'-carotenic acid, in the form of
                                                                           a compound soluble in butyric
    As regards following individual invitations                            fat,
    to tender, the time limit for submission of
                                                                           and
    offers shall expire at 12 noon each second
    and fourth Tuesday of the month. If the                             — 600 g of a compound containing
    Tuesday is a holiday the time limit shall be                           at    least   80%    of  sitosterol
     extended to the next following working day                             (C29H50O = A-5-stigmastene-3­
     at 12 noon .                                                          /?-ol), the remaining part not to
 ---pagebreak---                             Official Journal of the European Communities                                7
               contain measurable quantities of                four months from the day of removal
               stigmasterol;                                  from storage referred to in Article 13 (2);
    (cc) or:                                             (d) to keep stock accounts showing, for each
          — 250 g of refined granulated or                     delivery, the names and addresses of
               powdered sugar,                                 purchasers of the product obtained as
               and
                                                               a result of the operations described under
                                                               (a) and (b)      and the corresponding
          — 600 g of a compound containing                     quantities;
               2.t least 80% of betasitosterol,
               (C29H50O = A-5-stigmastene-3­              (e) to lay down that for any subsequent resale
               £-ol), the remaining part not to                of this product, the same requirements
               contain measurable quantities of                as those referred to under (c) and (d)
               stigmasterol.                                   shall form part of the contract of sale.
               In the latter case, the final             2.       However, any undertaking which gives
               product must have a minimum                a written undertaking to process within
               fat content of 79-8% .                    four months from the day of removal from
                                                          storage referred to in Article 13 (2) all the
    The competent intervention agency shall               butter awarded into products falling within
    make suie that the quality and character­             any of the three indents in paragraph 1 (c)
    istics , in particular the degree of purity,          and to use at least five metric tons of that
    of the products to be incorporated in the             butter for that purpose in one month, may
    butter hc.ve been observed.
                                                          take part in the invitation to tender without
    Each Member State may decide that only                giving the undertakings provided for in
    one or two of the following products                  paragraph 1 (a), (b) and (c).
    shall be used in its territory:                       In such case the Member State on whose
    — the product resulting from the incor­               territory the processing takes place shall
         poration specified under (aa),                   carry out supervision on the premises
                                                          throughout the whole period of the oper­
    — the product resulting from the incor­               ation in a manner to be determined by it.
         poration specified under (bb),                   The costs of such supervision shall be borne
    — the product resulting from the incor­               by the undertaking concerned.
         poration specified under (cc).
                                                          Article 7
    The Member States shall, as soon as they
    avail themselves of the option provided                1.     The persons concerned shall take part
    for in the preceding subparagraph,                    in the individual invitation to tender either
    inform the Commission of the process                  by making a tender in writing, against a
    they havs chosen.                                     receipt, with the intervention agency, or by
                                                          registered letter addressed to the interven­
(c) to have the products referred to under                tion agency. The intervention agency may
     (b) processed only into :                             authorise the use of telex.
    — products falling within heading No                  2.      The tender shall indicate:
         19.08     of   the  Common      Customs
         Tariff, or                                        (a) the name and address of the tenderer;
    — edible ices falling within subheadings               (b) the quantity to which the tender relates;
         Nos ex 18.06 B and ex 21.07 C of the
         Common Customs Tariff, of a milk­                 (c) the price offered per metric tons, without
         fat content of less than 20% , or                      taking account of the price reduction
                                                                referred to in the second subparagraph
    — powcer for the preparation of edible                      of Article 11 (2), exclusive of internal
         ices 1 ailing within subheadings Nos                   taxes; ex refrigerated warehouse in which
         ex 18.06 D       or ex 21.07 F of the
                                                                the butter is held, expressed in the
         Common Customs Tariff, of a milk­                      currency of the Member State in which
         fat content of less than 32% and                       the invitation to tender is held;
         suitable for consumption without any
         treatment other than the addition of              (d) the refrigerated warehouse in which the
         water and refrigeration.                               butter is held.
     Processing into the products listed above             A tender relating to several warehouses shall
     shall tak ^ place in the Community within             be considered as comprising the same
 ---pagebreak--- 8                            Official Journal of the European Communities
  number of tenders as refrigerated warehouses            procedure, the amount of security required
   to which it relates .                                   under Article 12 shall be fixed in the light
   3.      A tender shall not be valid unless it           of the difference between the market price
                                                           of butter and the minimum price.
   concerns a quantity of at least five metric
  tons .
                                                          Article 10
  However, if the quantity available in a
  warehouse is less than five metric tons, the             1.    The tender shall be rejected if the
  quantity available shall constitute the mini­           proposed price is lower than the minimum
  mum quantity for tender.                                price valid for the individual invitation to
                                                          tender concerned .
  4.       A tender shall not be valid unless :
                                                          2.     Subject to the provisions of para­
   (a) it is accompanied by the written under­            graph 1 , the successful tenderer shall be the
        takings referred to in Article 6 (1) and,         one offering the highest price.
        where appropriate, in Article 6 (2);
                                                          If the quantity available in the warehouse
   ( b) the tenderer shall include a declaration          concerned is not exhausted by this award,
        stating that he waives all claims relating        the tender for the remaining quantity shall
        to the quality and characteristics of any         be awarded to the other tenderers according
        butter sold;                                      to the price offered, starting with the
   (c) proof is furnished that before expiry of           highest.
        the time limit for submission of tenders          3.     In cases where consideration of an
        the tenderer has lodged tendering security        offer would lead to the quantity of butter
        in respect of the individual invitation to        available at the warehouse concerned being
        tender concerned .                                exceeded, the tender shall be awarded to the
                                                          tenderer concerned only in respect of that
  5.      A tender may state that it shall not be
                                                          quantity.
  considered as having been submitted unless
  the award of tender relates to the entire               4.     In cases where consideration of several
  quantity covered by the tender.                         tenders of the same price would result in the
                                                          quantity available being exceeded, the tender
  A tender may state that it shall not be                 shall be awarded by drawing lots.
  considered as having been submitted unless
  the award of tender relates to a specific               5.     Rights and obligations arising out of
  quantity covered by the tender.                         the invitation to tender shall not be trans­
                                                          ferable .
  6.      A tender may not be withdrawn.
                                                          Article 11
  Article 8
                                                          1.     Each tenderer shall immediately be
  1.      The tendering security shall be for the         informed by the intervention agency of
  amount of 10 u.a. per metric ton.                       the result of his participation in an individual
                                                          invitation to tender.
  2.      It shall be given, as the Member
  State shall decide, either in the form of a             2.     Before removing the butter from store,
  cheque drawn in favour of the intervention              the successful tenderer shall pay the interven­
  agency, or in the form of a guarantee                   tion agency the amount corresponding to
  meeting the criteria fixed by the Member                his tender for each quantity which he intends
  State concerned .                                       to withdraw.
                                                          However, in the case of successful tenderers
  Article 9
                                                          who have undertaken to comply with
  1 . Taking into account the tenders received            the provisions of Article 6 ( 1) (a), (b) and
  for each individual invitation to tender and            (c), the price shall be reduced by 10 u.a. per
  in accordance with the procedure laid down              100 kg.
  in Article 30 of Regulation (EEC) No 804/68,
  a minimum selling price shall be fixed or it            Article 12
  shall be decided not to proceed with the                1.     Before removal from store of each
  invitation to tender .
                                                          quantity the successful tenderer shall give
  2.      At the same time as the minimum                 the processing security referred to in
  selling price is fixed and using the same               Article 9 (2).
 ---pagebreak---                           Official Journal of the European Communities                                9
 2.     The processing security shall be given          Article 16
 in accordance with Article 8 (2).
                                                        1.     At the time of the processing and
                                                        incorporation referred to in Article 6 ( 1) (a)
 Article 13                                             and (b), the Member State on whose terri­
                                                        tory the operations are carried out shall
 1.     When the payment referred to in                 carry out supervision on the premises
 Article 11 ( 2) has been made and the                  throughout these operations .
 processing security referred to in Article 12
 has been given, the intervention agency                2.     If the operations referred to in Ar­
 shall issue a removal order indicating:                ticle 6 ( 1) (a) and (b), on the one hand, and
                                                        the processing • referred to in (c) of that
 (a) the quan:ity for which the conditions              paragraph, on the other hand, are not
     referred to at the beginning of this               carried out in the same place, the con­
     paragraph have been satisfied;                     centrated butter shall be put up in packages
 (b) the refrigerated warehouse in which it is          of a minimum size of 10 kg.
     warehoused ;                                       The packages shall bear one or more of the
 (c) the final date for removing the butter             following notices in letters at least 2 cm
     from store.                                        high:
                                                       — "Beurre concentré destiné à la transfor­
2.      Within 30 days of the receipt of the
information referred to in Article 11 ( 1 )                 mation en un des produits visés à
the successful tenderer shall remove from                   l'article 6 paragraph 1 sous (c) du
store the butter awarded to him . The                       règlement ( CEE) n0 1259/72";
 butter may be removed from store in                   — "Butterfett zur Verarbeitung zu einem
several lots .                                              der in Artikel 6 Absatz 1 Buchstabe (c)
                                                            der Verordnung (EWG) Nr 1259/72
Save in cases of force majeure , if the success­            genannten Erzeugnisse";
ful tenderer has not removed the butter from
store within the time laid down the sale               — " Burro concentrato destinato alla tras­
shall be cancelled in respect of the remain­                formazione in uno dei prodotti di cui
ing quantities .                                            all'articolo 6, paragrafo 1 , lettera (c),
                                                            del regolamento (CEE) n. 1259/72";
                                                       — "Boterconcentraat         bestemd  voor   ver­
Article 14
                                                            werking tot een van de bin artikel 6,
                                                            lid 1 , sub (c), van Verordening (EEG)
The butter shall be delivered by the inter­                 nr. 1259/72 bedoelde produkten";
vention agency in packing bearing one or
more of the following notices in letters at            — (Concentrated butter for processing
least 2 cm high:                                            into one of the products listed in Ar­
                                                            ticle 6 ( 1 ) (c) of Regulation (EEC)
— 'Beurre destiné à la transformation                       No 1259/72).
     (règlement (CEE) No 1259/72)",
— 'Zur Verarbeitung bestimmte Butter                   Article 17
     (Verordnung (EWG) Nr 1259/72)",                   1.      Where the operations specified in
— "Burro destinato alla transformazione                Article 6 ( 1 ) (a) and (b) or the processing
     (regolamento (CEE) n 1259/72)",                   specified in Article 6 ( 1) (c) take place in a
— Boter vcor verwerking (Verordening                   Member State other than the selling Member
     (EEG ) nr 1259/72)",                              State, the following rules shall be applied:
— ( Butter       for  processing    (Regulation        Sections 101 , 103 , 104 and 106 of the control
     (EEC) No 1259/72)").                              copy provided for in Article 1 of Regulation
                                                       (EEC) No 2315/69 shall be completed.
                                                       Section 106 shall specify the date on which
Article 15
                                                       the party concerned took the butter over.
From the time of its removal from store and            Section 104 shall be completed by deleting
                                                       what does not apply and by adding one of
until it is processed into a product falling           the following endorsements under the second
within any cf the three indents in Ar­                 indent:
ticle 6 (1) (c), the butter shall be subject to
customs control or to an administrative                (a) in the case of butter to which the
control providing equivalent guarantees .                   operations referred to in Article 6 (1) (a)
 ---pagebreak--- 10                        Official Journal of the European Communities
   and (b) are to be applied in some other                  or each of the new copies is issued;
   Member State than the selling Member                     section 104 shall contain one of the
   State :                                                  endorsements listed in (b) below; sec­
                                                            tion 106 shall state :
   " Beurre destiné :
   1. à    être   concentré   et  à  subir une              — the weight of the butter used to
       incorporation ,                                           produce the quantity of concentrated
                                                                 butter specified in section 103 ;
   2 . puis à être transformé en un des
        produits visés à l'article 6 paragra­               — the number of the control copy from
       phe 1 sous (c) du règlement (CEE)                         the exit office, and the name of the
        n° 1259/72":                                             office;
   "Butter bestimmt :                                       — the date on which the party con­
                                                                 cerned took the butter over .
   1 . zur Verarbeitung zu Butterfett und
        zur Beimischung,                                    The customs office which supervised the
                                                            processing referred to at 2 shall endorse
   2 . alsdann zur Verarbeitung zu einem                    the control copy from the office which
        der in Artikel 6 Absatz 1 Buch­
                                                            supervised the processing referred to at 1
        stabe (c) der Verordnung (EWG)                      and send it via the latter office to the
        Nr. 1259/72 genannten Erzeugnisse";                 office of exit from the selling Member
   "Burro destinato :                                       State .
   1 . ad essere concentrato ed essere og­              (b) in the case of butter treated in accordance
        getto di una incorporazione,                        with Article 6 (1) (a) and (b) in the
   2 . ad essere poi trasformato in uno dei                 selling Member State which is to be
        prodotti di cui all'articolo 6, para­               treated in accordance with Article 6 (1) (c)
        grafo 1 , lettera (c) del regolamento               in another Member State:
        ( CEE) n. 1259/72";                                  "Beurre concentré destiné à être transfor­
   "Boter bestemd :                                          mé en l'un des produits visés à l'article 6,
   1 . voor verwerking tot boterconcen­                      paragraphe 1 sous (c) du règlement
        traat en ter bijmenging,                             (CEE) n° 1259/72",
   2 . vervolgens voor verwerking tot een                    "Butterfett zur Verarbeitung zu einem
        van de in artikel 6, lid 1 , sub (c),                der in Artikel 6 Absatz 1 Buchstabe (c)
        van Verordening (EEG) nr. 1259/72                    der Verordnung (EWG) Nr. 1259/72
        genoemde produkten";                                 genannten Erzeugnisse",
                                                             " Burro concentrato destinato alla* trasfor­
    (Butter intended:                                        mazione in uno dei prodotti di cui
   1 . for concentration and incorporation,                  all'articolo 6 paragrafo 1 lettera (c) del
   2 . for processing thereafter into one of                 regolamento (CEE) n. 1259/72",
        the products listed in Article 6 (1) (c)             " Boterconcentraat     bestemd    voor    ver­
        of Regulation (EEC) No 1259/72).                     werking tot een van de in artikel 6,
   The processing referred to at 2 may be                    lid 1 , sub (c), van Verordening (EEG)
   supervised by one or more customs                         nr. 1259/72 genoemde produkten",
    offices other than that which supervised                 (Concentrated butter for processing into
   the processing referred to at 1 .                         one of the products listed in Article 6 (1 ) (c)
   In this case the customs , office which                   of Regulation (EEC) No 1259/72).
    controls the processing referred to at              2.      In the case of butter to be processed
    1 shall send the control copy to the                under the conditions laid down in Article 6 (2)
    office of exit specifying that it has               in a Member State other than the selling
    controlled only the processing referred             Member State, the following rules shall be
    to at 1 and shall issue one or, at the              applied:
    request of the parties concerned, several
    copies of the control copy provided for             Sections 101 , 103 and 104 of the control
    in    Article   1  of   Regulation    (EEC)         copy provided for in Article 1 of Regulation
    No 2315/69 of which sections 101 , 103 ,             (EEC) No 2315/69 shall be completed.
    104 and 106 have been completed.                    Section 106 shall specify the date on which
    Section 103 shall state the net weight              the party concerned took the butter over.
    resulting from the processing referred               Section 109 shall be completed by deleting
    to at 1 , for which the new control copy             what does not apply and by adding one of
 ---pagebreak---                              Official Journal of the European Communities                                  11
the following endorsements under the second                               ber States in question in cases
indent :                                                                  of breach of the obligations
                                                                          undertaken .
" Beurre destiné à        la transformation       au
titre de l 'article 6 paragraphe 2 du règle­                          The Member States shall determine
ment (CEE) nc 1259/72",                                               the maximum quantity in respect
                                                                      of which this declaration may be
"Butter zur Verarbeitung gemäß Artikel 6                              made.
Absatz 2 der Verordnung (EWG) Nr. 1259/
72",                                                              (c) When the processing has been
                                                                      carried out in a Member State
" Burro     destinato   alla   trasformazione       a                 other than the selling Member
norma dell'articolo 6, paragrafo 2, del                               State, such proof may be supplied
regolamento (CEE) n. 1259/72",                                        only by production of the control
"Boter bestemd voor verwerking overeen­                               copy referred to in Article 17.
komstig artikel 6, lid 2, van Verordening                  3.     The security shall be released im­
(EEG) nr. 1259/72",                                        mediately.
(Butter for processing under Article 6 (2)
of Regulation (EEC) No 1259/72).                           Article 19
                                                           In cases of force majeure the intervention
Article IS                                                 agency shall decide what measures it
1.     Save in cases of force majeure, the                 considers necessary in view of the cir­
                                                           cumstance which has arisen .
tendering secu-ity shall be released only for
the quantity:
                                                           Article 20
(a) for which the tenderer :
     — has not withdrawn the tender before                 The compensatory amounts applicable to
                                                           butter, concentrated butter and concentrated
         the decision awarding the tender,                 butter     with   added    sugar   (subheading
         and
                                                           No 21.07 of the Common Customs Tariff)
     — has, within the time laid down, paid                for the part consisting of butter, shall be
         the amount corresponding to the                   equal to the compensatory amounts fixed
         tender referred to in Article 11 (2)              pursuant to Regulation (EEC) No 974/71 ,
         and lodged the processing deposit                 multiplied by a coefficient of 0*3 .
         referred to in Article 12, or
                                                           If necessary the Commission may alter this
( b) for which the tender has not been                     coefficient .'
     proceeded with.
                                                                             Article 2
2.     (a) Save _n cases of force majeure the
            processing security referred to in
            Article 12 shall be released only for      1.     This Regulation shall enter into force on
            quantities in respect of which             the day following its publication in the Official
            the successful tenderer has supplied       Journal of the European Communities.
            the competent authority with proof         However the validity of control copies issued
            that the conditions referred to in
                                                       under Article 17 of Regulation (EEC) No 1259/72
            Article 6 have been met .
                                                       before this Regulation enters into force shall
       ( b) However, the Member States may             not be affected by point 2 of the fourth sub­
            presciibe that such proof shall be         paragraph of Article 17 (1) (a).
            considered to have been furnished
            if the seller submits a declaration        2.     The provisions of each second indent in
            by the final user, in which the user:      Article 6 ( 1) (b) (aa), (bb) and (cc) shall apply
                                                       from 10 January 1973 .
            — confirms his undertaking, con­
                tained in the contract of sale,        3.     As regards the provisions of Article 6 ( 1) (c),
                to process the products speci­         second indent, the increase to 20% in the
                fied in Article 6 ( 1 ) (b) into       fat content by weight shall           apply from
                products listed in Article 6 (1 ) (c)  13 December 1972 .
                within the set time limit, and         However, on application from those concerned,
            — declares     that   he   knows     the   the undertakings given in accordance with
                penalties imposed by the Mem­          Article 6 of Regulation (EEC) No 1259/72 in
 ---pagebreak--- 12                        Official Journal of the European Communities
connection with invitations to tender before        provisions listed above. In such cases the pro­
13 December 1972 shall be adjusted to the           visions of this Regulation shall apply.
          This Regulation shall be binding in its entirety and directly applicable in all
          Member States .
          Done at Brussels , 22 December 1972.
                                                                 For the Commission
                                                                     The President
                                                                   S. L. MANSHOLT