9. 4. 91 Official Journal of the European Communities No L 88/11 COMMISSION REGULATION (EEC) No 863/91 of 8 April 1991 on the special sale of intervention butter for export to the Soviet Union and amending Regulation (EEC) No 569/88 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 3641/90 (3, and in particular Article 6 (7) thereof, Having regard to Council Regulation (EEC) No 1678/85 of 11 June 1985 fixing the conversion rates to be applied in agriculture (%), as last amended by Regulation (EEC) No 791/91 (%), and in particular Article 4 thereof, Whereas Article 6 of Council Regulation (EEC) No 985/68 of 15 July 1968 laying down general rules for intervention on the market in butter and cream (%), as last amended by Regulation (EEC) No 3644/90 (%), provides that, when butter is put on sale for export, special condi- tions may be laid down to take account of the special requirements for such sales and to guarantee that the product is not diverted from its destination ; Whereas on 12 December 1990 the Committee of the Protocol regarding milk fat, acting within the framework of the General Agreement on Tariffs and Trade (GATT), granted a derogation from Article 3 of the Protocol re- garding milk fat in order to allow sales of butter to the Soviet Union at prices lower than the minimum GATT price ; Whereas the quantities of butter at present in public storage and the likely increase in these quantities in the future are such that they should be usd to the greatest possible extent for such sales ; whereas, therefore, it seems desirable to make certain quantites of butter in public storage available to operators, using the tendering pro- cedure in order to fix the minimum selling price ; Whereas, in order to ensure that the butter is not diverted from its destination, a system of supervision should operate from the time the butter is removed from storage until it has reached its destination in the third country concerned ; whereas, for reasons of clarity, it should be specified that the provisions on supervision laid down by () OJ No L 148, 28. 6. 1968, p. 13. () OJ No L 362, 27. 12. 1990, p. 5. ) O No L 164, 24. 6. 1985, p. 11. () OJ No L 81, 28. 3. 1991, p. 110. () OJ No L 169, 18. 7. 1968, p. 1. () OF No L 362, 27. 12. 1990, p. 10. Commission Regulation (EEC) No 569/88 ("), as last amended by Regulation (EEC) No 843/91 (), and by Commission Regulation (EEC) No 2220/85(°), as last amended by Regulation (EEC) No 3745/89 ('), are appli- cable ; whereas, moreover, in view of the specific nature of this operation, additional conditions should be intro- duced ; Whereas the Management Committe for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION : Article 1 Under the conditions laid down in this Regulation, a maximum quantity of 124 000 tonnes of butter with a fat content greater than or equal to 82 % and purchased in accordance with Article 6 (1) of Regulation (EEC) No 804/68 shall be sold. The allocation by Member State of the quantities of butter sold shall be that set out in the Annex. Article 2 1. The butter shall be sold ex-cold storage plant by invitation to tender. 2. The Annex shall serve as notice of invitation to tender. The information concerning quantities and places where the butter is stored may be obtained by prospective tenderers at the addresses indicated in the Annex. In addition, intervention agencies may display notices and publish additional information. 3.  Tenderers shall submit their tenders to one of the intervention agencies referred to in the Annex not later than 12 noon on 16 April 1991. After expiry of the above- mentioned time limit and before 20 April 1991, tenderers shall send copies of their offers, by telex or fax, to the Commission of the European Communities, Division VI-D-1, 120 rue de la Loi, B-1049 Brussels (telex 22037B AGREC ; telefax 23533 10). Before that same date, the intervention agencies shall notify the Commission of tenders received. () OJ No L 55, 1. 3. 1988, p. 1. () OJ No L 85, 5. 4. 1991, p. 26. () OJ No L 205, 3. 8. 1985, p.' 5. (%) OJ No L 364, 14. 12. 1989, p. 54.