Regulation 2009/149 - Amendment of Regulation (EC) No 214/2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk powder

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1.

Current status

This regulation was in effect from February 24, 2009 until March  1, 2010.

2.

Key information

official title

Commission Regulation (EC) No 149/2009 of 20 February 2009 amending Regulation (EC) No 214/2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk powder
 
Legal instrument Regulation
Number legal act Regulation 2009/149
CELEX number i 32009R0149

3.

Key dates

Document 20-02-2009
Publication in Official Journal 21-02-2009; OJ L 50 p. 12-18
Effect 24-02-2009; Entry into force Date pub. + 3 See Art 2
End of validity 01-03-2010; See 32001R0214

4.

Legislative text

21.2.2009   

EN

Official Journal of the European Union

L 50/12

 

COMMISSION REGULATION (EC) No 149/2009

of 20 February 2009

amending Regulation (EC) No 214/2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk powder

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

 

(1)

Article 10(1)(f) of Regulation (EC) No 1234/2007 provides for public intervention of skimmed milk powder.

 

(2)

Commission Regulation (EC) No 214/2001 (2) has laid down the detailed rules concerning the public intervention of skimmed milk powder.

 

(3)

In view of new arrangements and in the light of the experience gained, it is appropriate to amend and, where necessary, simplify the detailed rules governing intervention on the market in skimmed milk powder.

 

(4)

Article 10(1)(f) of Regulation (EC) No 1234/2007 sets a new standard of 34 %, by weight of the fat free dry matter, for protein in skimmed milk powder, therefore the definition of the eligible product should be amended.

 

(5)

Article 13(1)(d) in conjunction with Article 18(2)(e) of Regulation (EC) No 1234/2007 limit public intervention of skimmed milk powder at fixed price to a quantity offered of 109 000 tonnes for the period 1 March to 31 August.

 

(6)

In order to comply with the limit of 109 000 tonnes it is appropriate to provide for a reflexion 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 intervention, 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. In view of the public holidays in April 2009, derogation should be made as regards the dates for submitting the offers in order to ensure compliance with the limit of 109 000 tonnes to be purchased at fixed price.

 

(7)

The level of the security shall ensure that the offers presented are not withdrawn, therefore a security of EUR 5 per 100 kg shall apply to all the tenders in the framework of this Regulation.

 

(8)

Private storage of skimmed milk powder has been abolished by Council Regulation (EC) No 1152/2007 (3), the references to this scheme should be deleted.

 

(9)

Small residual quantities, left in storehouses, should be avoided and quantities up to 5 000 kg should be offered to awarded tenderers.

 

(10)

Regulation (EC) No 214/2001 should be amended accordingly.

 

(11)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 214/2001 is amended as follows:

 

1.

Article 1 is replaced by the following:

‘Article 1

This Regulation lays down the detailed rules for intervention on the market in skimmed milk powder as provided for in Article 10(1)(f) of Council Regulation (EC) No 1234/2007 (4), as regards:

 

(a)

buying-in at fixed price as referred in Article 13(1)(d) in conjunction with Article 18(1)(c) of Regulation (EC) No 1234/2007;

 

(b)

buying-in under a standing invitation to tender as referred in Article 13(3) of Regulation (EC)...


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This text has been adopted from EUR-Lex.

 

5.

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