COMMISSION REGULATION (EEC) No 2350/91  of 31 July 1991  amending Regulation (EEC) No 1589/87 on the sale by tender of butter to intervention agencies and repealing Regulation (EEC) No 1982/87 issuing the standing invitation to tender provided for  in Council Regulation (EEC) No 777/87
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic 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 (1), as last amended by Regulation (EEC) No 1630/91 (2), and in particular the first subparagraph of Article 7a (1)  and (2) thereof,
Whereas Council Regulation (EEC) No 777/87 of 16 March 1987 modifying the intervention arrangements for butter and skimmed-milk poweder (3), as last amended by Regulation (EEC) No 1634/91 (4), lays down the criteria on the basis of which buying-in by  tender of butter and skimmed-milk powder takes place and is suspended; whereas it is necessary therefore to amend Article 1 of Regulation (EEC) No 1589/87 (5), as last amended by Regulation (EEC) No 891/91 (6); whereas consequently Regulation (EEC) No  1982/87 (7), as amended by Regulation (EEC) No 335/91 (8), may be repealed;
Whereas Article 4 (1) of Regulation (EEC) No 1589/87 provides that tenderers must lodge a security of ECU 30 per tonne in order to guarantee, on the one hand, maintenance of tenders after the expiry of the final date for the submission of tenders and,  on the other, delivery of the butter to the depot; whereas the amount of that security has proved to be insufficient to ensure the fulfilment of the abovementioned primary requirements; whereas it should therefore be increased;
Whereas Article 7 (2) sets out a period of 14 days following the expiry of the final date for the submission of tenders within which the butter accepted for intervention is to be delivered; whereas in some cases this period is too short and should  therefore be extended;
Whereas Article 11 specifies that the conversion into national currency is to be made using the green rate corresponding to the words 'agricultural conversion rate'; whereas the words 'representative rate' should accordingly be replaced by 'agricultural  conversion rate';
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committees for Milk and Milk Products,
Regulation (EEC) No 1589/87 is hereby amended as follows:
1. The first paragraph of Article 1 is replaced by the following:
Provided the Commission has not observed that the condition laid down in Article 1 (3) of Regulation (EEC) No 1547/87 is fulfilled, the intervention agencies concerned shall buy in butter in accordance with the provisions of this Regulation. A notice of  invitation to tender is published in the Annex to this Regulation;
2. in Article 4, 'ECU 30' is replaced by 'ECU 40';
3. in Article 7 (2), '14 days' is replaced by '21 days';
4. in Article 11, the words 'representative rate' are replaced by 'agricultural conversion rate'.
The Annex to this Regulation is hereby added to Regulation (EEC) No 1589/87.
Regulation (EEC) No 1982/87 is hereby repealed.
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.