Commission Regulation (EC) No 3049/93 of 4 November 1993 amending Regulation (EEC) No 570/88 on the sale of butter at reduced prices and the granting of aid for butter and concentrated butter for use in the manufacture of pastry products, ice cream and other foodstuffs

COMMISSION REGULATION (EC) No 3049/93 of 4 November 1993 amending Regulation (EEC) No 570/88 on the sale of butter at reduced prices and the granting of aid for butter and concentrated butter for use in the manufacture of pastry products, ice  cream and other foodstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 2071/92 (2), and in particular Articles 6 (7), 12 (3) and 28 thereof,
Whereas, following the amendments made by Commission Regulation (EEC) No 1813/93 (3) to Regulation (EEC) No 570/88 (4), as last amended by Regulation (EEC) No 2443/93 (5), divergences have been found in certain Member States in the interpretation of the  term 'intermediate products'; whereas in order to remedy this situation and to avoid any discrimination between Community operators, criteria should be laid down to permit objectively and transparency in the identification of those products; whereas,  furthermore, for technical and commercial reasons, products other than products falling within codes 0401 to 0406 of the Combined Nomenclature, with the exception of CN codes 0402 21 19 and 0402 21 99, should be considered to be 'intermediate products'  and Annex IX to Regulation (EEC) No 570/88 should be amended to include as intermediate products products falling within CN code 1704 90 30;
Whereas, notwithstanding the general rules, Article 21 (4) of Regulation (EEC) No 570/88, for imperative and duly justified commercial reasons, provides for the possibility of a change in the intended use between formula A/C/D and formula B; whereas  that derogation must be strictly interpreted and applied where the minimum selling prices or where appropriate, the maximum levels of aid are different for formula A/C/D and formula B; whereas such a strict application is unnecessary where the minimum  selling prices or, where appropriate, the maximum levels of aid are identical for the two formulae; whereas, therefore, a change in the intended use may be authorized at the request of the operator;
Whereas, pursuant to Article 9 of Regulation (EEC) No 570/88, intermediate products and processing establishments must receive prior approval from 1 August 1993; whereas, for administrative reasons and for reasons of judicial security, approval given  before 1 August should be considered valid until the approval procedure is completed and at the latest until 30 November 1993;
Whereas the Management Committee for Milk and Milk Products has not issued an opinion in the time limit laid down by its Chairman,