Commission Regulation (EC) No 131/2009 of 13 February 2009 amending Regulation (EC) No 105/2008 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter
Date: 2009-02-13
Institutions: European Commission
Subjects: award of contract, butter, market intervention

14.2.2009

EN

Official Journal of the European Union

L 44/5

COMMISSION REGULATION (EC) No 131/2009

of 13 February 2009

amending Regulation (EC) No 105/2008 laying down detailed rules for the application of Council
Regulation (EC) No 1255/1999 as regards intervention on the market in butter

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Article 1

Regulation (EC) No 105/2008 is amended as follows:

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Article 43 in conjunction with Article 4 thereof,

Whereas:

1. Article 6 is replaced by the following:

‘Article 6

Buying-in of butter at 90 % of the reference price pursuant
to Article 18(1)(b) of Regulation (EC) No 1234/2007 shall
be carried out in accordance with the provisions of this
Section.’

(1)

(2)

(3)

(4)

(5)

(6)

Article 10(1)(e) of Regulation (EC) No 1234/2007
provides for public intervention of butter.

2. In Article 7(5) the following subparagraph is added:

Commission Regulation (EC) No 105/2008 (2) has laid
down the detailed rules concerning the public inter­
vention of butter.

‘Offers submitted on a Saturday, Sunday or public holiday
shall be deemed to be received by the competent body on
the first working day following the day on which they were
submitted.’

Article 13(1)(c) in conjunction with Article 18(2)(d) of
Regulation (EC) No 1234/2007 limit public intervention
of butter at fixed price to a quantity offered of 30 000
tonnes for the period 1 March to 31 August.

3. Article 9 is amended as follows:

(a) Paragraph 1 is replaced by the following:

In order to comply with the limit of 30 000 tonnes it is
appropriate to provide for a reflection period during
which, before a decision is taken on the offers, special
measures can be taken applying in particular to pending
offers. Those measures may consist of closure of inter­
vention, application of an allocation percentage and
rejection of pending offers. They require swift action
and the Commission should be enabled to take all
necessary measures without delay.

‘1.
After checking the offer, and on the fifth working
day following the day of receipt of the offer to sell, the
competent body shall
issue a delivery order, provided
that the Commission does not adopt special measures
in accordance with Article 12(2).

The delivery order shall be dated and numbered and shall
show:

Regulation (EC) No 105/2008 should be amended
accordingly.

(a)

the quantity to be delivered;

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for the Common Organisation of Agricultural
Markets,

(b) the final date for delivery of the butter;

(c)

the cold store to which it must be delivered.

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 32, 6.2.2008, p. 3.

Delivery orders shall not be issued for quantities that had
not been notified in accordance with Article 12(1).’

L 44/6

EN

Official Journal of the European Union

14.2.2009

(b) Paragraph 5 is replaced by the following:

‘5.
For the purpose of this Article, the butter shall be
deemed to be delivered to the competent body on the
day when the full quantity of butter covered by the
delivery order enters the cold store designated by the
competent body, but no earlier than the day following
that on which the delivery order was issued.’

4. Article 12 is replaced by the following:

‘Article 12

Not later than 14.00 (Brussels time) each working day,
1.
the competent body shall
inform the Commission of the
quantities of butter which, during the preceding working
day, have been the subject of an offer to sell in accordance
with Article 7.

2.
In order to comply with the limits referred to in
Article 13(1)(c) of Regulation (EC) No 1234/2007 the
Commission shall
the
decide, without
Committee referred to in Article 195(1) of the same Regu­
lation:

assistance of

(a)

to close intervention buying-in at fixed price;

(b) where acceptance of the full quantity offered on a certain
day would lead to the maximum quantity being
exceeded, to set a single percentage by which the quan­
tities in the offers received on that day are reduced;

(c) where appropriate, to reject offers for which no delivery

order has been issued.

By way of derogation from Article 7(6), a seller which is
subject to a reduced acceptance of his offer as referred to in
point (b) of this paragraph may decide to withdraw his offer
within five working days from the publication of the regu­
lation fixing the reduction percentage.’

‘1. Where the Commission decides in accordance with the
procedure referred to in Article 195(2) of Regulation (EC) No
1234/2007 to start buying-in butter by means of a tendering
procedure pursuant to Articles 13(3) and 18(2)(d) of that
Regulation, Article 2 and Article 3(1)(2)(4)(5) and (6) and
Articles 4, 5, 9, 10 and 11 of this Regulation shall apply
unless otherwise provided in this Section.’

6. In Article 16(2), the first subparagraph is replaced by the

following:

‘In the light of the tenders received for each invitation to
the Commission shall
tender,
fix a maximum buying-in
in accordance with the procedure referred to in
price,
Article 195(2) of Regulation (EC) No 1234/2007.’

7. In Article 18 the following paragraph is added:

‘2a.
had not been notified in accordance with Article 16(1).’

Delivery orders shall not be issued for quantities that

8. In Article 20, paragraph 1 is replaced by the following:

The competent body shall choose the nearest available

‘1.
cold store to the place where the butter is stored.

However, the competent body may choose another store
the
situated within a distance of 350 km, provided that
choice of
in additional
that cold store does not result
storage costs.

The competent body may choose a cold store situated
beyond that distance if the resulting expenditure, including
storage and transport costs,
In that case the
competent body shall notify the Commission of its choice
forthwith.’

is lower.

Article 2

This Regulation shall enter into force on the third day following
that of its publication in the Official Journal of European Union.

5. In Article 13, paragraph 1 is replaced by the following:

It shall apply from 1 March 2009.

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

Done at Brussels, 13 February 2009.

For the Commission

Mariann FISCHER BOEL
Member of the Commission