No L 187/102 1. 7. 8 Official Journal of the European Communities. COMMISSION REGULATION (EEC) No 1953/89 of 30 June 1989 amending Regulation (EEC) No 3143/85 on the sale at reduced prices of intervention butter intended for direct consumption in the form of concentrated butter THE COMMISSION OF THE EUROPEAN COMMUNITIES, .Having regard to the Treaty establishing the European Economic Community, Having regard to Regulation (EEC) No 804/68 of the Council of 27 June 1988 on the common organization. of the market in milk and milk products (*), as last amended by Regulation (EEC) No 763/89 (3, and in particular Atticle 6 (7) thereof, Whereas Commission Regulation (EEC) No 3143/85 (), as last amended by Regulation. (EEC) No 1560/89 (¥), introduced a scheme for the sale at reduced prices. of concentrated butter; whereas this measure has contributed to a reduction in stocks of intervention butter ; Whereas the current position on the butter market and the size of the intervention stocks results in a very large number of applications for quantities put up for sale; whereas with a view to guaranteeing the best possible management of intervention stocks, equality of access to the products and equality of treatment of the purchasers, the facility should be created whereby a limited quantity of intervention butter may be sold by a procedure covering two successive stages, the first stage involving sale by tender and the second stage -involving sale at prices fixed on a flat-rate basis in- advance, . and, considering the constant reduction in stocks, the notice of - expiry referred to in Article 1 (2) of Regulation (EEC) No 3143/85 should 'be given; Whereas in view of the prices at which the butter is sold the sum of the destination security should be reduced ; 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' 3143/85 is hereby amended as follows : () OJ No L 148, 28. 6. 1968, p. 13. () O] No L 84, 29. 3. 1989, p. 1. () OJ No L 298, 12. 11. 1985, p. 9. () OJ No L 153, 6. 6. 1989, p. 16. 1. ‘3. The notice of expiry referred to in paragraph 2 is given with effect from 1 July 1989 2. In the first indent of Article 2 (4), ‘ECU 285 is replaced by ‘ECU 250’. 3. The following Article 2a is inserted : ‘Article 2a 1. The butter referred to in the first subparagraph of Article 1-may also be sold in two: successive stages, at the first stage by tender and at the second at prices fixed on a flat-rate basis in advance. 2. At the first stage the butter shall be put up for sale by tender. The Annexes to the Regulations relating to the sale of the butter shall replace the notice of invitation to tender. Information on quantities and on locations where butter is stored may be obtained from the addresses given in the Annex to the aforesaid Regulation relating to the sale of the butter. In addition, intervention agencies may post notices of invitation at their head offices and announce them by other means. Tenders offering a price which is less than the minimum price referred to in paragraph 3 shall not be admitted. 3. The intervention agencies shall allocate the quantities put up for sale to those tenderers whose tenderers offer a price higher than or equal to the minimum price fixed in the Annex to the Regulation relating to the sale of the butter. For the purposes of the first subparagraph, the intervention agencies shall first accept the tender or tenders made at the price which is highest above the aforesaid minimum price. Subsequent quantities shall be assigned to the tenderers referred to -inthe-first subparagraph according to.the prices which they have offered, starting from that which is highest above the minimum price in question. Where, as a result of several tenders.being received at the same price, the quantity available is inadequate, the intervention - agency - shall allocate it - propor- - tionately. Each tenderer shall be notified by the intervention agency concerned whether his tender has been accepted or not, within four working days at the latest following the time limit set for the submission of tenders in response to the invitation in question.