****

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

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

( 3 ) OJ NO L 161 , 29 . 6 . 1979 , P . 8 .

( 4 ) OJ NO L 203 , 11 . 8 . 1979 , P . 47 .

COMMISSION REGULATION ( EEC ) NO 2074/79

OF 25 SEPTEMBER 1979

AMENDING REGULATION ( EEC ) NO 1785/79 ON THE TEMPORARY MARKETING DURING THE 1979/80 MILK YEAR OF REDUCED-PRICE BUTTER 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 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 12 ( 3 ) THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1269/79 OF 25 JUNE 1979 ON THE MARKETING OF REDUCED-PRICE BUTTER FOR DIRECT CONSUMPTION ( 3 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,

WHEREAS , IN AN EFFORT TO SIMPLIFY THE CONDITIONS OF SALE BY THE INTERVENTION AGENCY BY AVOIDING AN EXCESSIVE SPLITTING-UP OF THE LOTS , ARTICLE 2 ( 1 ) OF COMMISSION REGULATION ( EEC ) NO 1785/79 ( 4 ) PROVIDES THAT THE BUTTER CONCERNED SHALL BE SOLD IN LOTS OF NOT LESS THAN FIVE TONNES ; WHEREAS , HOWEVER , AN INTERVENTION AGENCY MAY BE OBLIGED TO AWARD A QUANTITY SMALLER THAN THIS MINIMUM AMOUNT IN ORDER TO COMPLY WITH THE PROVISIONS OF ARTICLE 4 , WHEREBY MEMBER STATES ARE TO ENSURE AS BALANCED A DISTRIBUTION AS POSSIBLE AMONG THE PARTIES CONCERNED ; WHEREAS , FOR THE SAKE OF CLARITY , IT IS APPROPRIATE TO MAKE CLEAR THAT IN SUCH A CASE THE QUANTITY THUS AWARDED REPLACES THE FIVE TONNES AND CONSTITUTES THE MINIMUM SALE QUANTITY ;

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

IN ARTICLE 2 ( 1 ) OF REGULATION ( EEC ) NO 1785/79 , THE SECOND SUBPARAGRAPH IS AMENDED TO READ AS FOLLOWS :

' THE BUTTER SHALL BE SOLD ONLY IN QUANTITIES OF AT LEAST FIVE TONNES . HOWEVER , IN CASES WHERE PURSUANT TO ARTICLE 4 IT IS NECESSARY TO MAKE AN AWARD OF LESS THAN FIVE TONNES , THE MEMBER STATE CONCERNED MAY ADOPT THE QUANTITY AWARDED AS THE MINIMUM QUANTITY FOR SALE . '

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 , 25 SEPTEMBER 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT