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COMMISSION REGULATION ( EEC ) NO 3265/80

OF 16 DECEMBER 1980

CONCERNING EXPORT TO POLAND , BY SPECIAL SALE , OF BUTTER HELD BY THE GERMAN INTERVENTION AGENCY , AND AMENDING REGULATIONS ( EEC ) NO 2044/75 AND ( EEC ) NO 1687/76

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 ARTICLES 6 ( 7 ) AND 28 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 985/68 OF 15 JULY 1968 LAYING DOWN GENERAL RULES FOR INTERVENTION ON THE MARKET IN BUTTER AND CREAM ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1272/79 ( 4 ) , AND IN PARTICULAR ARTICLE 7A THEREOF ,

WHEREAS THE EUROPEAN COUNCIL , AT ITS MEETING IN LUXEMBOURG ON 1 AND 2 DECEMBER 1980 , AGREED TO ENABLE POLAND TO PURCHASE CERTAIN QUANTITIES OF BUTTER IN THE COMMUNITY ;

WHEREAS THE COMMUNITY HAS LARGE QUANTITIES OF BUTTER IN PUBLIC STORAGE , HELD IN PARTICULAR BY THE GERMAN INTERVENTION AGENCY ; WHEREAS COMMUNITY EXPORTERS SHOULD BE PERMITTED TO OBTAIN SUPPLIES FROM THE GERMAN INTERVENTION AGENCY FOR EXPORT TO POLAND OF A QUANTITY OF 10 000 TONNES ;

WHEREAS TO SIMPLIFY ADMINISTRATION , EXPORT REFUNDS SHOULD NOT BE GRANTED ON BUTTER EXPORTED UNDER THIS REGULATION , BUT AN APPROPRIATE REDUCTION MADE IN THE SELLING PRICE , WHEREAS THE PRICE IS TO BE FIXED SO THAT THE MONETARY COMPENSATORY AMOUNTS REFERRED TO IN COUNCIL REGULATION ( EEC ) NO 974/71 ( 5 ) ARE NOT APPLIED ;

WHEREAS , TO ENSURE THAT THE BUTTER REACHES ITS DESTINATION , SUPERVISION MUST BE EXERCISED FROM THE TIME THE BUTTER LEAVES THE STORE UNTIL IT REACHES ITS DESTINATION IN THE NON-MEMBER COUNTRY CONCERNED ; WHEREAS , IN ADDITION TO THE SUPERVISORY PROVISIONS LAID DOWN IN COMMISSION REGULATION ( EEC ) NO 1687/76 ( 6 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 2675/80 ( 7 ) , IT IS NECESSARY TO LAY DOWN ADDITIONAL CONDITIONS IN VIEW OF THE SPECIFIC NATURE OF THE OPERATION ;

WHEREAS EXPORT LICENCES USED FOR EXPORTS PURSUANT TO THIS REGULATION MUST BEAR APPROPRIATE ENDORSEMENTS ON ACCOUNT OF THE SPECIAL NATURE OF THE OPERATION ; WHEREAS ARTICLE 2 ( 4 ) OF COMMISSION REGULATION ( EEC ) NO 2044/75 ( 8 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 3137/80 ( 9 ) , SHOULD BE ADAPTED ACCORDINGLY ;

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

1 . THE GERMAN INTERVENTION AGENCY SHALL PROCEED FOR THE PURPOSES OF SUPPLY BY THE COMMUNITY , BEFORE 1 JULY 1981 , OF 30 000 TONNES OF BUTTER TO POLAND , UNDER THE CONDITIONS LAID DOWN IN THIS REGULATION , TO SELL BUTTER BOUGHT IN IN ACCORDANCE WITH ARTICLE 6 ( 1 ) OF REGULATION ( EEC ) NO 804/68 AND TAKEN INTO STORAGE ON OR AFTER 1 JANUARY 1980 .

2 . BUTTER SOLD PURSUANT TO THIS REGULATION SHALL BE EXPORTED TO POLAND WITHOUT FURTHER PROCESSING AND IN ITS ORIGINAL PACKAGING REFERRED TO IN ARTICLE 4 , WITHIN THE TIME LIMIT REFERRED TO IN ARTICLE 3 ( 3 ) .

3 . THE TOTAL QUANTITY OF BUTTER WHICH MAY BE SOLD UNDER THIS REGULATION SHALL BE LIMITED TO 10 000 TONNES .

ARTICLE 2

1 . THE BUTTER SHALL BE SOLD , EX COLDSTORE , AT A PRICE OF 115 ECU PER 100 KILOGRAMS .

2 . IT SHALL BE SOLD ONLY :

( A ) IN QUANTITIES OF NOT LESS THAN 100 TONNES ;

( B ) TO THOSE CONCERNED IN THE COMMUNITY WHO PROVE , TO THE SATISFACTION OF THE INTERVENTION AGENCY , THAT THE COMPETENT POLISH AUTHORITIES HAVE ENTRUSTED THEM WITH THE SUPPLY OF THE QUANTITY IN QUESTION , BY PRODUCING A CONTRACT CONCLUDED WITH THE SAID AUTHORITIES , OR AN ORDER PLACED WITH THEM BY THE SAID AUTHORITIES .

ARTICLE 3

1 . THE PURCHASER SHALL PAY TO THE INTERVENTION AGENCY , BEFORE TAKING DELIVERY OF THE BUTTER AND WITHIN THE PERIOD REFERRED TO IN PARAGRAPH 2 , IN RESPECT OF EACH QUANTITY WHICH HE INTENDS TO WITHDRAW , THE SELLING PRICE REFERRED TO IN ARTICLE 2 ( 1 ) AND SHALL LODGE FOR THAT QUANTITY , IN ACCORDANCE WITH ARTICLE 13 ( 1 ) OF REGULATION ( EEC ) NO 1687/76 , AN EXPORT SECURITY OF 205 ECU PER 100 KILOGRAMS .

2 . THE PURCHASER SHALL TAKE DELIVERY OF THE BUTTER SOLD TO HIM , BEFORE 1 FEBRUARY 1981 . DELIVERY MAY BE IN INSTALMENTS . EXCEPT IN CASES OF FORCE MAJEURE , IF THE PURCHASER HAS NOT MADE THE PAYMENT REFERRED TO IN PARAGRAPH 1 WITHIN THE TIME LIMIT SPECIFIED , THE SALE OF THE REMAINING QUANTITIES SHALL BE CANCELLED .

IF THE PAYMENT REFERRED TO IN PARAGRAPH 1 HAS BEEN MADE WITHOUT DELIVERY OF THE BUTTER HAVING BEEN TAKEN WITHIN THE PERIOD REFERRED TO ABOVE , THE PURCHASER SHALL BEAR THE COST OF STORING THE BUTTER WITH EFFECT FROM 1 FEBRUARY 1981 .

3 . BUTTER , DELIVERY OF WHICH HAS BEEN TAKEN BY THE PURCHASER , MUST BE EXPORTED BEFORE 1 MARCH 1981 .

ARTICLE 4

BUTTER SHALL BE DELIVERED BY THE INTERVENTION AGENCY IN PACKAGES BEARING THE FOLLOWING ENDORSEMENTS IN LETTERS AT LEAST 1 CM HIGH :

" EG-BUTTER ZUR AUSFUHR NACH POLEN ( VERORDNUNG ( EWG ) NR . 3265/80 ) " ,

" MASLO Z EWG NA WYWOZ DO POLSKI ( ROZPORZADZENIE ( EWG ) NR . 3265/80 ) " .

ARTICLE 5

1 . EXCEPT IN CASES OF FORCE MAJEURE , THE EXPORT SECURITY REFERRED TO IN ARTICLE 3 ( 1 ) SHALL BE FORFEIT IN PROPORTION TO THE QUANTITIES FOR WHICH THE PROOF REFERRED TO IN ARTICLE 13 ( 4 ) OF REGULATION ( EEC ) NO 1687/76 HAS NOT BEEN PRODUCED WITHIN 12 MONTHS , CALCULATED FROM THE DATE OF CONCLUSION OF THE SALES CONTRACT .

2 . IN CASES OF FORCE MAJEURE NOT COMING WITHIN ARTICLE 11 ( 1 ) OF REGULATION ( EEC ) NO 1687/76 , THE INTERVENTION AGENCY SHALL TAKE THE MEASURES NECESSARY IN VIEW OF THE CIRCUMSTANCES INVOKED .

ARTICLE 6

THE GERMAN INTERVENTION AGENCY SHALL NOTIFY THE COMMISSION :

( A ) AT THE LATEST ON THE TUESDAY OF EACH WEEK , OF THE QUANTITIES OF BUTTER WHICH DURING THE PREVIOUS WEEK :

- HAVE BEEN THE SUBJECT OF A SALES CONTRACT ,

- HAVE BEEN WITHDRAWN FROM STORAGE IN ACCORDANCE WITH THIS REGULATION ;

( B ) EACH MONTH , OF THE CASES IN WHICH THEY HAVE APPLIED ARTICLE 5 ( 2 ) , SPECIFYING THE CIRCUMSTANCES INVOKED , THE QUANTITY INVOLVED AND THE MEASURES TAKEN .

ARTICLE 7

NO EXPORT REFUND SHALL BE GRANTED NOR MONETARY COMPENSATORY AMOUNT APPLIED ON BUTTER SOLD AND EXPORTED UNDER THIS REGULATION .

HOWEVER , SUCH BUTTER SHALL BE CONSIDERED AS SATISFYING THE PROVISIONS OF ARTICLE 2 ( 1 ) ( B ) OF REGULATION ( EEC ) NO 754/76 FROM THE TIME WHEN THE CUSTOMS EXPORT FORMALITIES HAVE BEEN COMPLETED . IF THE PROVISIONS OF ARTICLE 2 ( 2 ) OF THE SAID REGULATION APPLY , AN AMOUNT EQUAL TO THE SECURITY REFERRED TO IN ARTICLE 3 ( 1 ) OF THIS REGULATION MUST BE PAID . THE AMOUNT SHALL BE CONSIDERED AS A SECURITY WHICH HAS BEEN FORFEITED WITHIN THE MEANING OF ARTICLE 2 OF REGULATION ( EEC ) NO 352/78 .

ARTICLE 8

THE PROVISIONS UNDER ARTICLE 2 ( 4 ) ( B ) OF REGULATION ( EEC ) NO 2044/75 ARE HEREBY REPLACED AS FOLLOWS :

" B ) IN THE CASE OF EXPORT PURSUANT TO REGULATION ( EEC ) NO 3265/80 , ONE OF THE FOLLOWING EXPRESSIONS IN SPACE 12 :

- " DESTINATION POLAND ( REGULATION ( EEC ) NO 3265/80 ) " ,

- " DESTINATION POLOGNE ( REGLEMENT ( CEE ) N * 3265/80 ) " ,

- " BESTEMMELSELSESLAND POLEN ( FORORDNING ( EOEF ) NR . 3265/80 ) " ,

- " BESTIMMUNGSLAND POLEN ( VERORDNUNG ( EWG ) NR . 3265/80 ) " ,

- " DESTINAZIONE POLONIA ( REGOLAMENTO ( CEE ) N . 3265/80 ) " ,

- " BESTEMMING POLEN ( VERORDENING ( EEG ) NR . 3265/80 " . "

ARTICLE 9

REGULATION ( EEC ) NO 1687/76 IS HEREBY AMENDED AS FOLLOWS :

IN PART I OF THE ANNEX , " PRODUCTS TO BE EXPORTED IN THE SAME STATE AS THAT IN WHICH THEY WERE WHEN REMOVED FROM INTERVENTION STOCK " , THE FOLLOWING POINT AND FOOTNOTE RELATING THERETO ARE ADDED :

" 23 . COMMISSION REGULATION ( EEC ) NO 3265/80 OF 16 DECEMBER 1980 ON THE EXPORT TO POLAND BY SPECIAL SALE OF BUTTER HELD BY THE GERMAN INTERVENTION AGENCY ( 23 ) .

( 23 ) OJ NO L 342 , 17 . 12 . 1980 , P . 28 . "

ARTICLE 10

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF 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 , 16 DECEMBER 1980 .

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 169 , 18 . 7 . 1968 , P . 1 .

( 4 ) OJ NO L 161 , 29 . 6 . 1977 , P . 13 .

( 5 ) OJ NO L 106 , 12 . 5 . 1971 , P . 1 .

( 6 ) OJ NO L 190 , 14 . 7 . 1976 , P . 1 .

( 7 ) OJ NO L 274 , 18 . 10 . 1980 , P . 14 .

( 8 ) OJ NO L 213 , 11 . 8 . 1975 , P . 15 .

( 9 ) OJ NO L 329 , 5 . 12 . 1980 , P . 20 .