CELEX: 31973R1910
Language: en
Date: 1973-07-13 00:00:00
Title: Regulation (EEC) No 1910/73 of the Commission of 13 July 1973 amending Regulation (EEC) No 1259/72 on the disposal of butter at a reduced price to certain Community processing undertakings

No L 196/ 10                               Official Journal of the European Communities                                 17. 7. 73
                               REGULATION (EEC) No 1910/73 OF THE COMMISSION
                                                           of 13 July 1973
                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                                        Common Customs Tariff, being directed from its final
 COMMUNITIES,                                                         destination, it has proved necessary to define such
                                                                      processing more precisely ;
 Having regard to the Treaty establishing the European
 Economic Community ;                                                 Whereas the measures provided in this Regulation are
                                                                      in accordance with the Opinion of the Management
                                                                      Committee for Milk and Milk Products ;
 Having regard to Council Regulation (EEC) No
 804/68 (^ of 27 June 1968 on the common organiza­
 tion of the market in milk and milk products, as last
 amended by the Act (2) concerning the Conditions of                  HAS ADOPTED THIS REGULATION :
Accession and the Adjustments to the Treaties, and in
 particular Article 6 (7) thereof ;
                                                                                                Article 1
 Having regard to Council Regulation (EEC) No
 985/68 (3) of 15 July 1968 laying down general rules                 Regulation (EEC) No 1259/72 is amended as follows :
 for intervention on the market in butter and cream, as
 last amended by Regulation (EEC) No 2714/72 (4), and                 1 . The provisions of Article 3 (1 ) (b) are replaced by
 in particular Article 7 (a) thereof ;                                    the following :
                                                                          '(b) the quantities of butter for sale in each depot,
Whereas the minimum selling prices and the security                              specifying, where appropriate, any quantities of
 fixed pursuant to Article 9 of Commission Regulation                            butter held in stock with a fat content, by
(EEC) No 1 259/72 (5) of 16 June 1972 on the disposal                           weight, of less than 82 % '
 of butter at a reduced price to certain Community
 processing undertakings, as last amended by Regula­                  2. Article 6 (a) is inserted as follows :
 tion (EEC) No 1237/73 (6) applied up to the present,
 only to butter having a butterfat content by weight of                   'Article 6 (a)
 not less than 82 % which alone was offered for
                                                                          Further processing of the products referred to in
 tender ;                                                                 Article 6 ( 1 ) (c) shall be allowed where such
                                                                          products fall within the heading referred to in that
Whereas, in certain Member States, there will, in the                     Article without, at an intermediate stage of such
 future, be stocks of butter, bought in under the second                  processing, resulting in a product which falls
subparagraph of Article 1 (5) of Regulation (EEC) No                      within any other heading.'
985/68, with a butterfat content, by weight, of 80 %
or more but less than 82 % ;                                          3 . In Article 7 (2)
                                                                          — the provisions of (b) and (c) shall be replaced by
Whereas, in order to avoid distortion of competition                           the following :
provision should be made for minimum selling prices
to be fixed for this butter lower than those fixed for                         '(b) the quantity to which the tender relates,
butter with a fat content, by weight, of not less than                              specifying the fat content of the butter
82 % , and, detailed rules should therefore be laid                                 when the intervention agency concerned
down for the submission of tenders, the award of                                    has offered for sale butter of a fat content
contracts and the lodging of the processing security ;                              less than 82 % ;
                                                                                (c) the price offered per metric ton of the
Whereas, in order to avoid butter processed into                                    butter having the fat content required, disre­
products falling within heading No 19.08 of the                                     garding the price reduction provided for in
                                                                                    the second subparagraph of Article 1 1 (2),
(1 ) OJ No  L  148 , 28 . 6 . 1968 , p. 13 .                                        exclusive of internal taxes, ex-cold storage
(2)  OJ No  L  73, 27 . 3 . 1972, p . 14.                                           depot in which the butter is held,
(3)  OJ No  L  169, 18 . 7. 1968 , p. 1 .
(4)  OJ No  L  291 , 28. 12. 1972, p. 15.                                           expressed in the currency of the Member
(5)  OJ No  L  139, 17. 6 . 1972, p. 18 .                                           State in which the invitation to tender is
(6)  OJ No  L  128 , 15. 5. 1973 , p . 1 .                                          opened
 ---pagebreak--- 17. 7. 73                           Official Journal of the European Communities                       No L 196/ 11
   — the following subparagraph is added :                       processes referred to in Article 6 ( 1 ) or (2) take
          'A tender may be made only for butter having           place in the Member State where the butter is
          the same fat content (either equal to or more          removed from store, the amount of the processing
          than 82 % , or less than 82 %).'                       security may be reduced, at the request of the
                                                                 successfull tenderer, by an amount equal to the
4. Article 9 ( 1 ) is replaced by the following :                accession compensatory amount to the butter
                                                                 concerned in trade between the new Member State
   ' 1 . In the light of the tender received in
   response to each individual invitation to tender              in question and Community as originally consti­
                                                                 tuted ;
   and in accordance with the procedure laid down in
   Article 30 of Regulation (EEC) No 804/68, a                   The intervention agency concerned may accept
   minimum selling price shall be fixed, which may               such a request only if it takes the necessary
   vary according to fat content of the butter, or a             measures to ensure that the butter or the butteroil
   decision shall be taken not to proceed with the               which is the subject of the request is used in its
   invitation to tender.'
                                                                 entirety in accordance with Article 6 (1 ) (c) and in
5. The following subparagraph is added to Article 12             its territory.'
   ( 1 ):                                                        This Regulation shall enter into force on the day
   'With regard to butter sold by the intervention               following its publication in the Official Journal of
   agencies of the new Member States, where the                   the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member '
                States.
                Done at Brussels, 13 July 1973 .
                                                                         For the Commission
                                                                            The President
                                                                       François-Xavier ORTOLI