An aid shall be granted for concentrated butter produced in an establishment approved in accordance with Article 9 and made from either cream or butter manufactured in the Community, such concentrated butter meeting the specifications in the Annex hereto, provided that in the case of butter, the latter has not been the subject of buying in by intervention agencies . The concentrated butter shall be intended for direct consumption in the Community.It must meet the requirements of Council Directive 92/46/EEC(7), notably as regards preparation in an approved establishment and compliance with the health marking requirements specified at A in Chapter IV of Annex C of that Directive.
Commission Regulation (EEC) No 429/90 of 20 February 1990 on the granting by invitation to tender of an aid for concentrated butter intended for direct consumption in the Community
Commission Regulation (EEC) No 429/90 of 20 February 1990 on the granting by invitation to tender of an aid for concentrated butter intended for direct consumption in the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June on the common organization of the market in milk and milk products(1), as last amended by Regulation (EEC) No 3879/89(2), and in particular Article 7a (3) thereof,
Having regard to Council Regulation (EEC) No 1677/85 of 11 June 1985 on monetary compensatory amounts in agriculture(3), as last amended by Regulation (EEC) No 1889/87(4),
Whereas Commission Regulation (EEC) No 3143/85(5), as last amended by Regulation (EEC) No 2690/89(6), establishes a scheme for the sale at reduced prices of intervention butter intended for direct consumption in the form of concentrated butter; whereas that measure has helped to increase the disposal of intervention butter and to boost the consumption of concentrated butter;
Whereas having regard, on the one hand, to the promotional and commercial action undertaken, which has enabled part of the market in oils and fats to be conquered since the entry into force of the said Regulation and, on the other hand, to the current situation on the market in butter, the scheme provided for by Regulation (EEC) No 3143/85 should be continued and supplemented by providing for the possibility of granting aid for concentrated butter obtained from butter or cream originating from the market and intended for direct consumption in the Community;
Whereas, pursutant (SIC! pursuant) to Article 7a (2) (b) of Regulation (EEC) No 804/68, special measures may be taken with a view to increasing the possibility of disposing of butter which has not been the subject of purchase by intervention agencies nor of private storage aid and the possibility of disposing of cream; whereas provisions should therefore be laid down to ensure that the butter has not been the subject of the measures provided for in Title II of Regulation (EEC) No 804/68;
Whereas disposal measures may provide for the granting of an aid; whereas to ensure that such aid is established at the level which is strictly necessary and to supervise effectively the quantities concerned, a standing invitation to tender procedure should be used, which will also ensure equal access for interested operators;
Whereas measures should be taken to ensure differentiation at all stages of marketing between concentrated butter disposed of under the terms of this Regulation and other types of butter; whereas, to that end, provisions should be adopted concerning the composition and description of concentrated butter; whereas, in order to ensure compliance with the aims of this Regulation, a time limit for the processing of the butter and the cream into concentrated butter and for packing should be fixed;
Whereas a sufficiently high butterfat content should be laid down;
Whereas a system of checks should be applied to ensure that the concentrated butter is not used for purposes other than those stipulated; whereas in view of the specific character of the operation, particularly in connection with the manufacture of the concentrated butter, provision should be made for the keeping of stock records by the parties concerned; whereas, however, such checks should end at the stage immediately preceding taking-over by the retail sector;
Whereas, as regards the monetary compensatory amounts fixed pursuant to Regulation (EEC) No 1677/85, account should be taken of the value of the butter or the concentrated butter; whereas, to that end, provision should be made for the application of a coefficient to the monetary compensatory amounts applicable to concentrated butter pursuant to the Commission Regulation fixing the monetary compensatory amounts;
Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1.
2.
For the purposes of this Regulation, ‘direct consumption’ shall mean purchases by consumers for the purposes of final utilization, including those made by hotels, restaurants, hospitals, homes, boarding schools, prisons and all similar establishments for the preparation of food for direct consumption.
3.
The aid shall be granted by the Member State on whose territory the cream or butter has been processed into concentrated butter in accordance with the formulae set out in the Annex hereto.
4.
The aid shall be fixed in ecus in accordance with the standing invitation to tender procedure, which shall be administered by each of the intervention agencies.
Article 2
1.
Notice of a standing invitation to tender shall be published in the Official Journal of the European Communities at least eight days before the first closing date for submission of tenders.
2.
The intervention agency shall issue a notice of invitation to tender, indicating in particular the closing date and place for the submission of tenders.
Article 3
1.
During the period of validity of the standing invitation to tender, the intervention agency shall issue individual invitations to tender.
2.
The time limit for submission of tenders in response to the individual invitations to tender shall be 12 noon (Brussels time) on the second and fourth Tuesday of the month except for the second Tuesday of August and the fourth Tuesday of December. If Tuesday is a public holiday the time limit shall be 12 noon (Brussels time) on the previous working day.
3.
As regards the first individual invitation to tender, the period for the submission of tenders shall expire at 12 noon on 13 March 1990.
Article 4
1.
A tender shall not be valid unless it is accompanied by a written undertaking to manufacture the quantity of concentrated butter stipulated in the tender. If the concentrated butter is manufactured from butter, the tenderer must also give a written undertaking that he will use butter which has not been the subject of buying in by intervention agencies.
2.
Tenders shall be submitted either by registered post or delivered by hand to the intervention agency against acknowledgement of receipt, or by any written means of telecommunication.
3.
Tenders shall be submitted to the intervention agency on whose territory the concentrated butter is to be manufactured.
4.
Tenders shall state:
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the name and address of the tenderer;
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the amount of aid proposed, expressed in ecus per 100 kilograms of concentrated butter;
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the quantity of concentrated butter for which the aid is applied for;
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the name and address of the establishment where the entire quantity of concentrated butter is to be manufactured, tracers added and packing carried out, in accordance with Articles 9 and 10 and, where appropriate, of the establishment where the entire quantity of concentrated butter is to be packed for marketing, in accordance with Article 10 (5). However, with the agreement of the competent agency, the entire quantity of concentrated butter may be packed for marketing in an establishment other than that indicated in the tender, in accordance with Article 10 (5).
5.
A tender shall not be valid unless:
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it is accompanied by the written undertakings referred to in paragraph 1;
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it relates to a quantity of at least four tonnes of concentrated butter;
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proof is furnished that, before expiry of the period set for the submission of tenders, the tenderer has lodged the tendering security referred to in Article 5 (1).
6.
No tender may be withdrawn after the closing date referred to in Article 3 (2) for the submission of tenders relating to the individual invitation to tender concerned.