22. 4. 86 Official Journal of the European Communities No L 105/15 COMMISSION REGULATION (EEC) No 1152/86 of 18 April 1986 on promotional and publicity measures in respect of concentrated butter for direct consumption THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the Eurof)ean Economic Community, Having regard to Council Regulation (EEC) No 1079/77 of 17 May 1977 on a co-responsibility levy and on measures for expanding the markets in milk and milk products ('), as last amended by Regulation (EEC) No 1302/85 (3, and in particular Article 4 thereof, Whereas Commission Regulation (EEC) No 3143/85 (%), as amended by Regulation (EEC) No 3812/85 (%), intro- duced measures for the disposal of intervention butter at reduced prices in the form of concentrated butter for direct consumption ; whereas consumers in the Commu- nity are not well acquainted with this product and its possible uses ; whereas publicity measures should there- fore be carried out in the Member States in order to ensure rapid and lasting success for the disposal measure ; Whereas it is advisable, so that these measures can be carried out as rapidly as possible, to entrust their organiza- tion to the Member States; Whereas the operators who will be responsible for the measures must satisfy certain requirements ; whereas the activities of such operators must not be liable to clash with the aim pursued in promoting the disposal of concentrated butter for direct consumption ; whereas it is therefore essential that operators whose activities also cover the production, distribution or sales promotion of products which imitate milk and milk products should be barred from the implementation of the measures; Whereas, in order to make the disposal measure more effective, one proposal only should be selected in each Member State ; Whereas, as far as financing is concerned, the expenditure on these measures should be regarded as expenditure on measures covered by the first indent of Article 4 (2) of Regulation (EEC) No 1079/77; Whereas the total sum available must be allocated among the Member States on the basis of production and consumption of butter and of potential demand for concentrated butter for cooking; () OJ No L 131, 26. 5. 1977, p. 6. () OJ No L 137, 27. 5. 1985, p. 9. () OJ No L 298, 12. 11. 1985, p. 9. (9 OJ No L 368, 31. 12. 1985, p. 3. 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 1. Publicity and promotional measures in respect of concentrated butter for direct consumption put up for sale pursuant to Regulation (EEC) No 3143/85 shall be encou- raged under the conditions laid down in this Regulation. 2. The measures referred to in paragraph 1 shall be carried out before 1 April 1987 by bodies or undertakings possessing the necessary qualifications and experience and offering the necessary guarantees that the operations will be properly carried out. 3. Where the implementation of the measures proposed requires the intervention of subcontractors, the proposal must contain a duly justified request establishing that the subcontractors satisfy the requirements referred to in paragraph 2. 4. Proposals put forward by bodies or undertakings as referred to in paragraph 2, whose activities are exclusively or in part concerned with the production, distribution or sales promotion of products which imitate milk and milk products shall not be considered. Article 2 Publicity and promotional measures must : — make use of the publicity media best suited to ensure their maximum effectiveness, — take account of the particular conditions obtaining with regard to the marketing and consumption of milk products in general and of butter in particular in the various regions of the Community, — focus on the product and not be guided by the commercial interest of a particular firm. Article 3 1. The publicity and promotional measures shall be the subject of restricted invitations to tender or, in duly justi- fied cases, of directly negotiated contracts issued by the competent authority appointed by the Member State and hereinafter referred to as ‘the competent agency’.