31973R2129

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( 1 ) OJ NO L 105 , 2 . 5 . 1969 , P . 1 .

( 2 ) OJ NO L 232 , 21 . 10 . 1970 , P . 3 .

( 3 ) OJ NO L 280 , 21 . 12 . 1971 , P . 8 .

REGULATION ( EEC ) NO 2129/73 OF THE COMMISSION OF 31 JULY 1973 AMENDING REGULATION ( EEC ) NO 2705/71 FIXING IN RESPECT OF OILS AND FATS THE MAXIMUM TOLERANCES REFERRED TO IN ARTICLE 5 OF REGULATION ( EEC ) NO 786/69

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 786/69 ( 1 ) OF 22 APRIL 1969 ON THE FINANCING OF INTERVENTION EXPENDITURE IN RESPECT OF THE INTERNAL MARKET IN OILS AND FATS , AS LAST AMENDED BY REGULATION ( EEC ) NO 2092/70 ( 2 ) , AND IN PARTICULAR ARTICLE 5 ( 2 ) ( C ) THEREOF ;

WHEREAS , PURSUANT TO ARTICLE 4 OF REGULATION ( EEC ) NO 786/69 , INTERVENTION AGENCIES DRAW UP , IN RESPECT OF EACH CALENDAR YEAR AND EACH PRODUCT FOR WHICH AN INTERVENTION PRICE IS FIXED , AN ACCOUNT WHICH IS CREDITED WITH THE ITEMS MENTIONED IN ARTICLE 5 ( 2 ) OF THAT REGULATION ; WHEREAS THESE ITEMS INCLUDE THE VALUE OF QUANTITY LOSSES EXCEEDING THE MAXIMUM TOLERANCE WHICH IS TO BE FIXED ;

WHEREAS REGULATION ( EEC ) NO 2705/71 FIXING IN RESPECT OF OILS AND FATS THE MAXIMUM TOLERANCES REFERRED TO IN ARTICLE 5 OF REGULATION ( EEC ) NO 786/69 ( 3 ) FIXED THIS MAXIMUM TOLERANCE ;

WHEREAS , HOWEVER , TAKING INTO ACCOUNT THE EXISTING PRACTICES IN CERTAIN MEMBER STATES AS REGARDS STOCKING IT HAS BECOME APPARENT THAT THE SYSTEM OF MAXIMUM TOLERANCES FACES SOME DIFFICULTIES ; WHEREAS IN ORDER TO REMEDY THESE DIFFICULTIES THE POSSIBILITY FOR THE MEMBER STATES TO REQUEST THAT THE MAXIMUM TOLERANCE BE FIXED AT ZERO SHOULD BE PROVIDED FOR ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR OILS AND FATS ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 2A , AS FOLLOWS , SHALL BE ADDED TO REGULATION ( EEC ) NO 2705/71 :

" ARTICLE 2A :

BY WAY OF DEROGATION FROM ARTICLES 1 AND 2 , THE MAXIMUM TOLERANCE REFERRED TO IN ARTICLE 5 ( 2 ) ( C ) OF REGULATION ( EEC ) NO 786/69 SHALL BE FIXED AT ZERO ON APPLICATION BY THE MEMBER STATE CONCERNED WHICH APPLICATION MUST BE PRESENTED WITHIN A PERIOD OF 15 DAYS AFTER THE PURCHASE . "

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 31 JULY 1973 .

FOR THE COMMISSION

THE PRESIDENT

FRANCOIS-XAVIER ORTOLI