CELEX: 31972R2474
Language: en
Date: 1972-11-13 00:00:00
Title: Regulation (EEC) No 2474/72 of the Commission of 27 November 1972 on the sale at a reduced price of intervention butter for direct consumption in the Community

Official Journal of the European Communities                                         117
28.1 1.72                              Official Journal of the European Communities                                No L 267/ 13
                                  REGULATION (EEC) No 2474/^72 OF THE COMMISSION
                                                      of 27 November 1972
                on the sale at a reduced price of intervention butter for direct consumption in the Community
THE COMMISSION OF THE EUROPEAN COMMUNI­                             Whereas butter sold under this Regulation should be
TIES,                                                               clearly distinguished from other butter at all marketing
                                                                     stages; whereas, to this end, provision should be made
Having regard to the Treaty establishing the European                requiring the butter to be put up in small packets ; where­
Economic Community ;                                                as a time limit for packing should be fixed to ensure that
                                                                     the operation proceeds smoothly ;
Having regard to Council Regulation (EEC) No 804/68 1
of 27 June 1968 on the common organization of the                   Whereas a system of supervision should be set up to en­
market in milk and milk products , as last amended by                sure that the butter is not diverted from its destination ;
Regulation (EEC) No 1411/71 2, and particular Articles              whereas the keeping of stock records at all marketing
6(7) and 28 thereof;                                                 stages, the giying of a security and, in the case of butter
                                                                     from private storage, the condition that aid shall be paid
 Having regard to Council Regulation (EEC) No 985/68 3               only if certain requirements are met would contribute to
 of 15 July 1968 laying down general rules for interven­             this end; whereas, in the case of butter sold for consump­
tion on the market in butter and cream , as last amended             tion in a Member State other than that in which it was
by Regulation (EEC) No 1075/ 7 1 4, and in particular                stored, use should be made of the control copy provided
Article 7a thereof;
                                                                     for in Commission Regulation (EEC) No 2315/69 5 of
                                                                     19 November 1969 on the use of Community transit
Whereas the situation on the Community butter market                 documents for the purpose of applying Community
is marked by large stocks built up following intervention            measures for verifying the use and/or destination of
under Article 6(1 ) and (2) of Regulation (EEC) No 804/              goods ;
 68 ;
                                                                     Whereas certain details should be communicated to the
Whereas it will not be possible to dispose of these stocks           Commission at regular intervals to enable it to follow the
of butter on normal terms during the present marketing               progress of the operation;
year ; whereas prolonged storage should be avoided in
view of the high cost involved; whereas steps should                 Whereas the measures provided for in this Regulation
therefore be taken to facilitate disposal of this butter;            are in accordance with the Opinion of the Management
                                                                     Committee for Milk and Milk Products ,
Whereas the butter could be disposed of by selling it at a
reduced price for direct consumption; whereas , if this              HAS ADOPTED THIS REGULATION :
operation were confined to butter in public storage, it
would make it difficult to run down stocks in private                                           Article 1
storage; whereas, therefore butter which has been the                Under the conditions laid down in this Regulation :
subject of storage contracts under Article 9(2) of Regula­
tion ( EEC) No 985/68 should be placed on the market                (a) intervention agencies shall sell to any interested
once more as part of this operation;                                      party butter bought in under Article 6(1) of Regula­
                                                                          tion (EEC) No 804/68 and put into storage during
Whereas the amount of the reduction in the selling price                  the month of June 1972 ;
of the butter or the amount of the aid should be such as             (b) butter which during the 1972/ 73 marketing year was
to ensure that additional quantities are disposed of;                     the subject of a storage contract under Article 8(2) of
                                                                          Regulation (EEC) No 985/68 may be removed from
                                                                          storage.
 1 OJ NoL 148,28.6 . 1968, p. 13 .
 2 OJ NoL 148, 3.7.1971 , p. 4 .
 3 OJ NoL 169, 18.7.1968, p. 1 .
 4 OJ NoL 116, 28.5.1971 , p. 1 .                                    5 OJ NoL 295 , 24.1 1.1969 , p. 14.
 ---pagebreak--- 118                                       Official Journal of the European Communities
                            A rticle 2                                                          Article }
 1 . Butter covered by Article 1(a) shall be sold                     1 . The butter shall remain in its original packing until it
 ex-cold-storage-depot at 163 u.a./ lOO kg.                          is put up in small packets.
2 . It shall be sold in lots of not less than five metric tons .      It shall be accompanied by a list of the packages enabl­
                                                                      ing the butter to be identified and specifying the date of
                                                                      removal from storage.
3 . It shall be taken over not later than 12 days after the
contract of sale is concluded.                                       2 . Packages containing loose butter or butter in small
                                                                     packets shall bear one or more of the following in letters
Before taking it over, the purchaser shall :                         at least 2 cm high :
- pay the purchase price of the butter; and                          - ' Butter zu herabgesetzten Preisen (Verordnung (EWG)
- give a packing security of 23 u.a./ lOO kg.                              Nr. 2474/72)'
                                                                     - 'Beurre a prix réduit (règlement (CEE) no 2474/72)'
Except in cases offorce majeure, if the purchaser has not            - ' Burro a prezzo ridotto (regolamento (CEE) n . , 2474/
taken over the butter within the time limit specified, the
                                                                           72)'
sale shall be cancelled in respect of the remaining quanti­
ties .                                             x                 - ' Boter tegen verlaagde prijs (Verordening (EEG) nr.
                                                                          2474/72)'
                            Articles
                                                                          (Reduced price butter (Regulation (EEC) No 2474/
 1 . Butter covered by Article 1(b) shall qualify for an aid               72)).
of 23 u.a./ lOO kg.
                                                                                                Articled
2. The person who concluded the storage contract shall                1 . If the butter- is resold, the requirements imposed as
inform the intervention agency with which he concluded               regards packing and use shall be incorporated in the con­
the contract of the quantities of butter he proposes to              tract of sale. Such contract shall be made in writing and
remove from storage and shall specifiy its characteristics           shall specify that the purchaser is aware of the penalties
in the manner determined by the intervention agency.                 imposed by the relevant Member State in respect of
                                                                     breaches of the aforesaid obligations .
The agency shall without delay issue an acknowledge­
ment of receipt.                                                     2. Holders of butter shall keep stock records setting out
                                                                     in respect of each delivery the name and address of the
                                                                     purchaser and the quantity purchased.
                            Article 4
1 . The butter shall be used exclusively for direct con­             3. However, at the retail stage a record of quantities
sumption, unprocessed, in the Community .                            purchased shall suffice.
2 . The butter shall be marketed in packets weighing not                                        Article 7
more than 500 g, bearing on the upper surface one or                 Where the butter is marketed in the Member State in
more of the following in letters at least 5 mm high :                which it was stored, hereinafter referred to as the
                                                                     'Member State of storage', the intervention agency shall
- ' Molkereibutter aus Beständen der Interventionsstelle'            upon receipt of proof that the butter has been packed in
- ' Beurre d intervention                                            accordance with Article 4 and that the obligations im­
                                                                     posed by Article 6 have been discharged, issue a certifi­
- ' Burro di ammasso comunitario
                                                                     cate to that effect .
- 'Koelhuisboter' or 'Interventieboter'
                                                                                                Articles
    (Intervention butter).
                                                                     Where the butter is dispatched to a Member State other
However, Member States may fix the maximum weight                    than that in which the butter was stored, the following
at 250 g.                                                            rules shall apply :
                                                                     1 . The butter shall be packed either in the Member
3 . The butter shall be packed at an establishment ap­                     State of storage or in the Member State in which the
proved for the purpose by the relevant Member State                        butter is marketed.
within four weeks following the day on which :
                                                                     2. Sections 101 , 103 and 104 of the control copy
- the butter was taken over, in the case of butter covered
                                                                           provided for in Article 1 of Regulation (EEC) No
     by Article 1 (a);                                                     2315/69 shall be completed. Section 104 shall be
- the person concerned received the acknowledgement                        completed by deleting what does not apply and by
     of receipt required under Article 3 (2), in the case of               adding one of the following phrases under the second
     butter covered by Article 1 (b).                                      indent :
 ---pagebreak---                                         Official Journal of the European Communities                                          119
    (a) for butter packed in the Member State of storage :           provided for in Article 7 cr the control copy specified in
                                                                     Article 8 as the case may be.
         - Butter zu herabgesetzten Preisen für den di­
            rekten Verbrauch (Verordnung (EWG) Nr.                   3 . The security shall be released immediately .
             2474/ 72)T
                                                                                               Article 10
         - 'Beurre à prix réduit pour la consommation
                                                                     The aid provided for .in Article 3(1) shall be paid to the
            directe (règlement (CEE) no. 2474/72)'
                                                                     person who concluded the storage contract only on pro­
         - Burro a prezzo ridotto per il consumo diretto             duction of the certificate provided for in Article 7 or of
            (regolamento (CEE) nr. 2474/72)'                         the control copy referred to in Article 8 and in respect of
         - Boter regen verlaagde prijs voor onmiddellijk             the quantities specified in such certificate or copy.
            verbruik (Verordening (EEG) nr. 2474/72)'
                                                                                               Article 11
            (Reduced-price butter for direct consumption
            (Regulation (EEC) No 2474/72),                           The Member States shall take all necessary steps to en­
                                                                     sure that the incidence of the price reduction or aid is felt
    (b) for butter not packed in the Member State of                 at the retail stage. To this end, Member States shall fix a
         storage :
                                                                     maximum retail price which shall be indicated on the
         - Butter zur besonderen Abpackung für den                   packing of the butter along with the inscription provided
            direkten Verbrauch (Verordnung (EWG) Nr.                 for in Article 4. However, Member States may in place
            2474/72)'                                                of this obligation adopt other administrative provisions
         - ' Beurre destine a un conditionnement particu­            having equivalent effect.
            lier pour la consommation directe (règlement
                                                                                               Article 12
            (CEE) no. 2474/72)'
                                                                     Member States shall inform the Commission on Tuesday
        - Burro destinato a un condizionamento parti­
                                                                     of each week.:
            colare per il consumo diretto (regolamento
            (CEE) n. 2474/72)'                                       - of the quantities of butter covered by Article 1 (a)
         - Boter bestemd voor een bijzondere verpak­                     which have been the subject of contracts of sale;
            king voor onmiddellijk verbruik (Verordening             - of the quantities of butter covered by Article 1 (b) in
            (EEG) nr. 2474/72'                                           respect of which the Member State has issued ac­
            (Butter to be specially packed for direct con­               knowledgements of receipt.
            sumption (Regulation (EEC) No 2474/ 72)).                                          Article 13
                                                                     1 . This Regulation shall enter into force on the day fol­
                          Articled                                   lowing its publication in the Official Journal of the Euro­
                                                                     pean Communities.
1 . The packing security provided for in the second in­
dent of Article 2 ( 3) shall, at the discretion of the Mem­          2. It shall remain applicable until 3 1 March 1973.
ber State, be given either in the form of a cheque made
out to the intervention agency or in the form of a guar­             After that date :
antee meeting criteria laid down by the Member State
                                                                     - no further butter shall be taken over under Article 1
concerned.
                                                                         (a);
2. Except in case of force majeure, the security shall be            - no further acknowledgements of receipt shall be is­
released only for quantities in respect of which the pur­                sued by intervention agencies for butter covered by
chaser furnishes to the competent agency the certificate                 Article 1 (b).
                This Regulation shall be binding in its entirety and directly applicable in all Member States.
                Done at Brussels , 27 November 1972 .
                                                                                             For the Commission
                                                                                                 The President
                                                                                               S. L. MANSHOLT