20. 12. 97 Official Journal of the European Communities L 350/3 COMMISSION REGULATION (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, 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 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 (EC) No 1587/96 (%), and in particular Articles 6 (6), 12 (3) and 28 thereof, Whereas the butter market in the Community is encum- bered by heavy surpluses; whereas Article 6 (3) of Regula- tion (EEC) No 804/68 provides for disposal of the butter bought in by the intervention agency, whereas Council Regulation (EEC) No 1723/81 (*), as amended by Regula- tion (EEC) No 863/84 (%, lays down general rules on measures intended to maintain the level of use of market butter by certain classes of consumer and undertakings; Whereas Commission Regulation (EEC) No 570/88 (%), as last amended by Regulation (EC) No 531/96 (%), provides for the sale of butter from intervention stocks at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs; whereas ex- perience has shown that the arrangements need to be adjusted and simplified in order to improve the operation of the scheme; Whereas, in order to ensure consistency with the defini- tion of butter eligible for aid, it should be specified that cream must meet the conditions laid down in Article 6 (5) of Regulation (EEC) No 804/68 in order to qualify for aid; Whereas Regulation (EEC) No 570/88 provides that market butter must be packaged even if, after manufac- ture, it is intended for incorporation in products other than final products in the same establishment; whereas this requirement is not necessary for control purposes and may be abolished in such cases; whereas the requirement concerning the packaging of certain final products in the form of uncooked dough or powder preparations may also be abolished where the products are transported direct to O] L 148, 28. 6. 1968, p. 13. OJ L 206, 16. 8. 1996, p. 21. OJ L 172, 30. 6. 1981, p. 14. O] L 90, 1. 4. 1984, p. 23. OJ L S5, 1. 3. 1988, p. 31. L 78, 28. 3. 1996, p. 13. retailers for subsequent processing; Whereas, in order to facilitate verification of compliance with the six-month time limit for incorporation of products under this scheme into final products, the number of the tendering procedure should be indicated on the packaging; Whereas past experience with cream to which tracers have been added as a product eligible for aid shows that cream to which no tracers have been added can also be accepted as eligible if it is incorporated directly and exclusively into the final products covered by formula B; whereas the limit on the maximum fat content of cream may be abolished; whereas, in order to ensure that all operators are treated equally, the conditions regarding the perception of organoleptic tracers in cream should also apply to butter and concentrated butter, and the minimum dosage of such tracers in cream should be specified; Whereas changes to the combined nomenclature and to the composition and nature of certain final products require adjustments to the descriptions of such products and the conditions to which they are subject; Whereas the establishments at which the different manu- facturing, processing and incorporation operations covered by this scheme are carried out must be approved; whereas, in order to obtain approval, establishments must meet a number of conditions and give various under- takings; whereas establishments which no longer meet the conditions should lose their approval; whereas, if an es- tablishment fails to comply with its undertakings, its approval should be withdrawn for a period which reflects the seriousness of the irregularity; Whereas Regulation (EEC) No 570/88 provides that products falling within CN codes 0401 to 0406 may not, except for a few products specifically indicated, be treated as intermediate products within the meaning of that Regulation; whereas experience has shown that there is no need to maintain these exceptions, except for recombined butter; whereas the definition of ‘recombined butter’ should take account of the different processes by which this product is manufactured, particularly to allow for the addition of cream to concentrated butter;