No L 166/16 Official Journal of the European Communities 8.7.93 COMMISSION REGULATION (EEC) No 1813/93 of 7 July 1993 amending Regulation (EEC) No 570/88 on the sale of butter at reduced prices and the grant of aid for cream, 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 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 ('), as last amended by Regula- tion (EEC) No 2071/92 (3, and in particular Articles 6 (7). 12 (3) and 28 thereof, - Whereas, following the amendments made by Commis- sion Regulation (EEC) No 124/92(°) to Commission Regulation (EEC) No 570/88 (*), as last amended by Regu- lation (EEC) No 3774/92 (%), there has been found to be some ambiguity, with regard to the homogenous distribu- tion of organoleptic tracers on an examination of the wording of the second subparagraph of Article (6) (1) on the one hand and Annex Ila, on the other; whereas, for reasons of legal certainty, Article 6 (2) should be completed with retroactive effect; Whereas the concept of intermediate products has been interpreted differently in some Member States ; whereas, to remedy this and avoid any discrimination amongst Community operators, criteria should be laid down to allow the products in question to be identified in an objective and transparent manner; whereas, however, intermediate products should, for technical and commer- cial reasons, mean products which are obtained from concentrated butter meeting the requirements of Annex IV of Regulation (EEC) No 570/88 and which satisfy certain' conditions, in particular a minimum butterfat content ; Whereas it should also be specified that intermediate products as well as intermediate processing establish- ments must be subject to a trial approval procedure ; whereas, in order to prevent the abusive use of such a procedure, approval should be made conditional on proof that incorporation into an intermediate product is justi- fied ; Whereas Article 23 (5) of Regulation (EEC) No 570/88 lays down less stringent control measures for products to which tracers have been added in the case of small final users who undertake in writing to purchase maximum quantities over an annual period ; whereas less stringent () OJ No L 148, 28. 6. 1968, p. 13. () OJ No L 215, 30. 7. 1992, p. 64. () OJ No L 14, 21. 1. 1992, p. 28. () O] No L S5, 1. 3. 1988, p. 31. () OJ No L 383, 29. 12. 1992, p. 48. control is no longer to apply where a final user fails to observe those maximum quantities ; whereas it should be laid down that non-compliance with this undertaking must not in all cases and indefinitely lead to the defini- tive loss of the benefit of less stringent control; 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 Regulation (EEC) No 570/88 is amended as follows : 1. the following subparagraph is added to Article 6 (2): ‘However, with regard to cream, the provisions laid down in the first subparagraph shall not apply if the products referred to in Annex Ila (1) Point 1 (a) are added in such quantities that their flavour or colour can be perceived after the addition of tracers and up to incorporation into the final products referred to in point 2 of Article 4."; 2. Article 9 (1) (a) is replaced by the following : ‘(a) in accordance with Article 10, the processing esta- blishment and the intermediate products shall or shall not be approved on the basis of an applica- tion which specifies in particular the composition of the manufactured products and their butterfat content and which sets out that incorporation into those intermediate products is justified for the manufacture of the final products referred to in Article 4. The list of establishments of final proces- sing and, where appropriate, the list of re-sellers marketing the products shall be forwarded to the competent authority together with the application for approval. These lists shall be updated in accor- dance with provisions laid down by the Member State concerned ; 3. the following Article 9a is inserted : Article 9a The intermediate products referred to in Article 9 shall, without prejudice to Article 4, be products other than the products falling within CN codes 0401 and 0405.