Avis juridique important

Commission Regulation (EEC) No 2131/79 of 28 September 1979 amending for the fourth time Regulation (EEC) No 649/78 on the sale at reduced prices of intervention butter for direct consumption as concentrated butter Official Journal L 246 , 29/09/1979 P. 0062 - 0063 Greek special edition: Chapter 03 Volume 26 P. 0133 Spanish special edition: Chapter 03 Volume 16 P. 0262 Portuguese special edition Chapter 03 Volume 16 P. 0262

**** ( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 . ( 2 ) OJ NO L 204 , 28 . 7 . 1978 , P . 6 . ( 3 ) OJ NO L 86 , 1 . 4 . 1978 , P . 33 . ( 4 ) OJ NO L 19 , 26 . 1 . 1979 , P . 19 . ( 5 ) OJ NO L 90 , 15 . 4 . 1969 , P . 12 . ( 6 ) OJ NO L 79 , 31 . 3 . 1979 , P . 77 . COMMISSION REGULATION ( EEC ) NO 2131/79 OF 28 SEPTEMBER 1979 AMENDING FOR THE FOURTH TIME REGULATION ( EEC ) NO 649/78 ON THE SALE AT REDUCED PRICES OF INTERVENTION BUTTER FOR DIRECT CONSUMPTION AS CONCENTRATED BUTTER 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 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1761/78 ( 2 ), AND IN PARTICULAR ARTICLE 6 ( 7 ) THEREOF , WHEREAS THE SECOND INDENT OF ARTICLE 1 ( 2 ) OF COMMISSION REGULATION ( EEC ) NO 649/78 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 131/79 ( 4 ), PROVIDES FOR THE APPLICATION OF A COEFFICIENT OF 1.25 FOR THE CONVERSION INTO BUTTER EQUIVALENTS OF THE QUANTITIES OF CREAM EMPLOYED ; WHEREAS , FOR REASONS OF HARMONIZATION , IT IS APPROPRIATE TO ADOPT THE COEFFICIENT OF 1.20 LAID DOWN BY THE NEW PROVISIONS OF COMMISSION REGULATION ( EEC ) NO 685/69 ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 632/79 ( 6 ); WHEREAS , AS REGARDS THE SYSTEM OF INSPECTION PROVIDED FOR BY REGULATION ( EEC ) NO 649/78 TO ENSURE THAT THE BUTTER IS NOT DIVERTED FROM ITS INTENDED USE OR DESTINATION , CERTAIN PROVISIONS SHOULD BE AMENDED , WITH THE AIM OF ALIGNING THEM WITH THE RULES ADOPTED RECENTLY IN RESPECT OF OTHER SPECIAL MEASURES , WITH ACCOUNT TAKEN OF THE INSPECTION METHODS APPLIED BY THE MEMBER STATES AND OF EXPERIENCE GAINED IN THIS AREA ; WHEREAS IT IS NECESSARY IN PARTICULAR TO PROVIDE FOR AN INSPECTION OF THE COMMERCIAL DOCUMENTS AND OF THE STOCK RECORDS OF THE UNDERTAKINGS CONCERNED ; WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS , HAS ADOPTED THIS REGULATION : ARTICLE 1 REGULATION ( EEC ) NO 649/78 IS HEREBY AMENDED AS FOLLOWS : 1 . IN THE SECOND INDENT OF ARTICLE 1 ( 2 ), THE COEFFICIENT ' 1.25 ' SHALL BE REPLACED BY THE COEFFICIENT ' 1.20 ' . 2 . IN ARTICLE 4 , PARAGRAPH 2 SHALL BECOME PARAGRAPH 3 AND THE FOLLOWING PARAGRAPH 2 SHALL BE INSERTED : ' 2 . APPROVAL SHALL BE GRANTED TO UNDERTAKINGS POSSESSING THE APPROPRIATE TECHNICAL INSTALLATIONS AND ADMINISTRATIVE AND ACCOUNTING CAPACITY TO ENABLE THE PROVISIONS LAID DOWN IN THIS REGULATION TO BE CARRIED OUT . APPROVAL SHALL BE WITHDRAWN WHERE SUCH GUARANTEES NO LONGER EXIST ; IT MAY BE WITHDRAWN WHERE IT HAS BEEN ASCERTAINED THAT THE UNDERTAKING CONCERNED HAS NOT FULFILLED AN OBLIGATION DERIVING FROM THIS REGULATION ' . 3 . ARTICLE 7 SHALL BE REPLACED BY THE FOLLOWING ARTICLE : ' ARTICLE 7 DURING THE PROCESSING AND PACKING REFERRED TO IN ARTICLE 5 , THE MEMBER STATE CONCERNED SHALL CARRY OUT AT LEAST ONCE A DAY AN ON-THE-SPOT INSPECTION OF THE OPERATION . WHERE CREAM IS USED , THE INSPECTION MUST RELATE TO THE FAT CONTENT OF THE CREAM EMPLOYED ' . 4 . THE FOLLOWING PARAGRAPH 4 SHALL BE ADDED TO ARTICLE 8 : ' 4 . THE INSPECTION REFERRED TO IN ARTICLE 7 SHALL BE SUPPLEMENTED BY A THOROUGH , UNANNOUNCED INSPECTION OF THE COMMERCIAL DOCUMENTS AND OF THE STOCK RECORDS REFERRED TO IN PARAGRAPH 1 . ' ARTICLE 2 THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 28 SEPTEMBER 1979 . FOR THE COMMISSION FINN GUNDELACH VICE-PRESIDENT

****

( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 204 , 28 . 7 . 1978 , P . 6 .

( 3 ) OJ NO L 86 , 1 . 4 . 1978 , P . 33 .

( 4 ) OJ NO L 19 , 26 . 1 . 1979 , P . 19 .

( 5 ) OJ NO L 90 , 15 . 4 . 1969 , P . 12 .

( 6 ) OJ NO L 79 , 31 . 3 . 1979 , P . 77 .

COMMISSION REGULATION ( EEC ) NO 2131/79

OF 28 SEPTEMBER 1979

AMENDING FOR THE FOURTH TIME REGULATION ( EEC ) NO 649/78 ON THE SALE AT REDUCED PRICES OF INTERVENTION BUTTER FOR DIRECT CONSUMPTION AS CONCENTRATED BUTTER

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 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1761/78 ( 2 ), AND IN PARTICULAR ARTICLE 6 ( 7 ) THEREOF ,

WHEREAS THE SECOND INDENT OF ARTICLE 1 ( 2 ) OF COMMISSION REGULATION ( EEC ) NO 649/78 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 131/79 ( 4 ), PROVIDES FOR THE APPLICATION OF A COEFFICIENT OF 1.25 FOR THE CONVERSION INTO BUTTER EQUIVALENTS OF THE QUANTITIES OF CREAM EMPLOYED ; WHEREAS , FOR REASONS OF HARMONIZATION , IT IS APPROPRIATE TO ADOPT THE COEFFICIENT OF 1.20 LAID DOWN BY THE NEW PROVISIONS OF COMMISSION REGULATION ( EEC ) NO 685/69 ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 632/79 ( 6 );

WHEREAS , AS REGARDS THE SYSTEM OF INSPECTION PROVIDED FOR BY REGULATION ( EEC ) NO 649/78 TO ENSURE THAT THE BUTTER IS NOT DIVERTED FROM ITS INTENDED USE OR DESTINATION , CERTAIN PROVISIONS SHOULD BE AMENDED , WITH THE AIM OF ALIGNING THEM WITH THE RULES ADOPTED RECENTLY IN RESPECT OF OTHER SPECIAL MEASURES , WITH ACCOUNT TAKEN OF THE INSPECTION METHODS APPLIED BY THE MEMBER STATES AND OF EXPERIENCE GAINED IN THIS AREA ; WHEREAS IT IS NECESSARY IN PARTICULAR TO PROVIDE FOR AN INSPECTION OF THE COMMERCIAL DOCUMENTS AND OF THE STOCK RECORDS OF THE UNDERTAKINGS CONCERNED ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS ,

HAS ADOPTED THIS REGULATION :

REGULATION ( EEC ) NO 649/78 IS HEREBY AMENDED AS FOLLOWS :

1 . IN THE SECOND INDENT OF ARTICLE 1 ( 2 ), THE COEFFICIENT ' 1.25 ' SHALL BE REPLACED BY THE COEFFICIENT ' 1.20 ' .

2 . IN ARTICLE 4 , PARAGRAPH 2 SHALL BECOME PARAGRAPH 3 AND THE FOLLOWING PARAGRAPH 2 SHALL BE INSERTED :

' 2 . APPROVAL SHALL BE GRANTED TO UNDERTAKINGS POSSESSING THE APPROPRIATE TECHNICAL INSTALLATIONS AND ADMINISTRATIVE AND ACCOUNTING CAPACITY TO ENABLE THE PROVISIONS LAID DOWN IN THIS REGULATION TO BE CARRIED OUT .

APPROVAL SHALL BE WITHDRAWN WHERE SUCH GUARANTEES NO LONGER EXIST ; IT MAY BE WITHDRAWN WHERE IT HAS BEEN ASCERTAINED THAT THE UNDERTAKING CONCERNED HAS NOT FULFILLED AN OBLIGATION DERIVING FROM THIS REGULATION ' .

3 . ARTICLE 7 SHALL BE REPLACED BY THE FOLLOWING ARTICLE :

' ARTICLE 7

DURING THE PROCESSING AND PACKING REFERRED TO IN ARTICLE 5 , THE MEMBER STATE CONCERNED SHALL CARRY OUT AT LEAST ONCE A DAY AN ON-THE-SPOT INSPECTION OF THE OPERATION .

WHERE CREAM IS USED , THE INSPECTION MUST RELATE TO THE FAT CONTENT OF THE CREAM EMPLOYED ' .

4 . THE FOLLOWING PARAGRAPH 4 SHALL BE ADDED TO ARTICLE 8 :

' 4 . THE INSPECTION REFERRED TO IN ARTICLE 7 SHALL BE SUPPLEMENTED BY A THOROUGH , UNANNOUNCED INSPECTION OF THE COMMERCIAL DOCUMENTS AND OF THE STOCK RECORDS REFERRED TO IN PARAGRAPH 1 . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 28 SEPTEMBER 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT