1. 3. 88 Official Journal of the European Communities No L 55/31 COMMISSION REGULATION (EEC) No 570/88 of 16 February 1988 on the sale of butter at reduced prices and the granting of aid for 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 17 June 1968 on the common organization of the market in ‘milk and milk products (), as last amended by Regulation (EEC) No 3904/87 (2), and in particular Articles 6 (7), 12 (3) 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 222/88 (*), and in particular Article 7a thereof, Having regard to Council Regulation (EEC) No 1677/8S5 of 11 June 1985 on monetary compensatory amounts in agriculture (), as last amended by Regulation (EEC) No 1889/87 (¢), and in particular Article 12 thereof, Whereas Commission Regulation (EEC) No 262/79 (7), as last amended by Regulation (EEC) No 222/88 provides for the sale at reduced prices of butter from stock intended for the manufacture of pastry products, ice-cream and other foodstuffs; whereas Commission Regulation (EEC) No 1932/81 (8), as last amended by Regulation (EEC) No 222/88, provides, with the same aims in view, for the grant of an aid to market butter and concentrated butter; whereas both Regulations have often been amended and, to widen scope for access to them, they require a number of adjustments; whereas if the legislation is to be clear and effective, these Regulations must be repealed and replaced by a single instrument; Whereas the butter market in the Community is encumbered by heavy stocks bought in pursuant to Article 6 (1) of Regulation (EEC) No 804/68; whereas all the butter (1) OJ No L 148, 28. 6. 1968, p. 13. (2) OJ No L 370, 30. 12. 1987, p. 1. (*) O] No L 169, 18. 7. 1968, p. 1. (*) OJ NoL 28,1.2.1988, p. 1. (5) O] No L 164, 24. 6. 1985, p. 6. () O] No L 182, 3. 7. 1987, p. 1. (7) OJ No L 41, 16. 2. 1979, p. 1. (*) OJ No L 191, 14. 7. 1981, p. 6. corresponding to these stocks cannot be disposed of in the normal way; whereas Council Regulation (EEC) No 1723/81 (®°), as amended by Regulation (EEC) No 863/84 (19), lays down general rules on measures intended to maintain the level of use of market butter by certain classes of consumer and undertakings; whereas, in both cases, the sale of butter from stock at reduced prices or the introduction of aids reducing market butter prices to a level comparable with that charged for butter from stock, in favour of certain Community processing firms with a view to the manufacture of pastry products, ice-cream or other foodstuffs, should help to promote the disposal and use of butter; Whereas, in order to ensure equal access to the butter for all purchasers and the fixing of the aid at a level strictly necessary, and to supervise effectively the quantities concerned, the standing invitation for tender procedure should be used; Whereas the butter, whether sold at reduced prices or qualifying for the aid, may be used for different purposes under an initial choice of formula available to the operators; whereas the fat content may be equal to or less than 82 %, and whereas it may be used according to a number of processing methods relating to any concentration and addition of tracers; whereas, accordingly, the possibility of fixing different minimum prices or maximum aid amounts should be allowed, according to the options chosen; Whereas the purchase of the butter or grant of the aid should be made subject to compliance with certain requirements designed to ensure that the butter is not diverted from its intended use; whereas, apart from the verification provisions laid down under Commission Regulation (EEC) No 1687/76 of 30 June 1976 laying down common detailed rules for verifying the use and/or destination of products from intervention (11), as last amended by Regulation (EEC) No 165/88 (12), other provisions should be laid down to take account of the specific character of the disposal programme; whereas it is, in particular, in line with the purpose of the Regulation to require the successful tenderer to carry out the concentration and tracing operations, and to authorize the (®) OJ No L 172, 30. 6. 1981, p. 14. (1% OJ No L 90, 1. 4. 1984, p. 23. (1) OJ No L 190, 14.7. 1976, p. 1. (12) OJ No L 18, 22.1. 1988, p. 40.