Commission Regulation (EC) No 1614/2001 of 7 August 2001 amending Regulation (EC) No 2771/1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention measures on the market in butter and cream
Date: 2001-08-07
Institutions: European Commission
Subjects: award of contract, butter, cream, intervention price, market intervention, market prices

L 214/20

EN

Official Journal of the European Communities

8.8.2001

COMMISSION REGULATION (EC) No 1614/2001

of 7 August 2001

amending Regulation (EC) No 2771/1999 laying down detailed rules for the application of Council
Regulation (EC) No 1255/1999 as regards intervention measures on the market in butter and cream

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), as last amended by Regulation (EC) No
1670/2000 (2), and in particular Article 10 thereof,

Whereas:

(1)

(2)

Article 2 of Commission Regulation (EC) No 2771/
1999 (3), as last amended by Regulation (EC) No 213/
2001 (4),
lays down that buying-in under a tendering
procedure is to be opened or suspended, as appropriate,
by the Commission in a Member State, in accordance
with the management procedure laid down in Article 42
of Regulation (EC) No 1255/1999, once it has been
observed that the market prices in that Member State are
below or above 92 % of the intervention price for two
weeks in succession. Under Article 8 of that Regulation,
on each Thursday the Commission must record the level
of market prices in each Member State, based on the
prices communicated by them.

As these rules require buying-in under a tendering
procedure to be opened or suspended immediately after
the second consecutive recording of a market price that
is below or alternatively equal to or above 92 % of the
intervention price, the decision to do so is not a matter
of discretion and so must be taken by the Commission
as quickly as possible, without having recourse to the
management procedure laid down in Article 42 of Regu-
lation (EC) No 1255/1999.

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

Article 2 of Regulation (EC) No 2771/1999 is replaced by the
following:

‘Article 2

1.
Once it has observed, in accordance with Article 8(4)
of this Regulation, that the market price in a Member State
is lower than 92 % of the intervention price, for two weeks
in succession, the Commission shall commence buying-in
under
in the Member State
concerned, in accordance with Article 6(1) of Regulation
(EC) No 1255/1999.

tendering procedure

a

Once it has observed, in accordance with Article 8(4)
2.
of this Regulation, that the market price in a Member State
is equal to or higher than 92 % of the intervention price,
for two weeks in succession, the Commission shall suspend
buying-in under a tendering procedure in the Member State
concerned, in accordance with Article 6(1) of Regulation
(EC) No 1255/1999.’

Article 2

This Regulation shall enter into force on the seventh 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, 7 August 2001.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 193, 29.7.2000, p. 10.
(3) OJ L 333, 24.12.1999, p. 11.
(4) OJ L 37, 7.2.2001, p. 1.