Commission Regulation (EC) No 1171/2007 of 5 October 2007 amending Regulation (EC) No 2771/1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream
Date: 2007-10-05
Institutions: European Commission
Subjects: award of contract, butter, cream, market intervention

6.10.2007

EN

Official Journal of the European Union

L 261/11

COMMISSION REGULATION (EC) No 1171/2007

of 5 October 2007

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

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) and in particular Article 10 thereof,

Article 1

Regulation (EC) No 2771/1999 is amended as follows:

1. Article 24 is replaced by the following:

‘Article 24

Whereas:

(1)

(2)

(3)

(4)

Section 5 of Chapter II of Commission Regulation (EC)
No 2771/1999 (2) lays down the procedure for the sale
of intervention butter by tendering. Article 24 provides
that the primary requirements for the tendering security
are fulfilled by taking over of the butter within the time
limit laid down in Article 24f(2). Article 24f(3) refers to
the removal of butter in connection with the forfeiture of
the security.

The provisions concerning the release or forfeiture of the
security have to be clarified in the light of the experience
gained. In particular it needs to be made clear that the
security should not be forfeited in cases where the tender
amount has been paid. Furthermore, provision should be
made for the retroactive application of such rule in order
to,
in cases of doubt, allow operators to benefit from
revised rules.

Regulation (EC) No 2771/1999 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Milk and milk
Products Management Committee,

For the purposes of the tendering security provided for in
the primary requirements within the
Article 23(3)(b),
meaning of Article 20 of Regulation (EEC) No 2220/85
shall be that tenders are maintained after the time limit
referred to in Article 22(2) of this Regulation and that the
price is paid within the deadline laid down in Article 24f(2)
of this Regulation.’

2. In Article 24e the following paragraph is added:

Except

in cases of

force majeure,

‘3.
the successful
tenderer has not complied with the requirement provided
for in paragraph 2 of this Article the tendering security
referred to in Article 23(3)(b) shall be forfeited and the
sale of the quantities involved shall be cancelled.’

if

3. In Article 24f(3), the second subparagraph is deleted.

Article 2

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

It shall apply, upon request by the operators concerned, to
securities which have not yet been definitively forfeited.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 October 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu-

lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2) OJ L 333, 24.12.1999, p. 11. Regulation as last amended by Regu-

lation (EC) No 688/2007 (OJ L 159, 20.6.2007, p. 36).