# COMMISSION REGULATION (EC) No 1319/2004

of 16 July 2004

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

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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] , and in particular Article 10 thereof,

Whereas:

**(1)** Pursuant to Article 7(4) of Regulation (EC) No 1255/1999 skimmed-milk powder bought in by the intervention agency is to be disposed of at a minimum price and under conditions to be determined so as to avoid disturbing the balance on the market and to ensure purchasers equal treatment and access to the skimmed-milk powder to be sold.

**(2)** Commission Regulation (EC) No 214/2001 [^2] laid down intervention measures for the disposal of skimmed-milk powder, including its sale at a fixed price.

**(3)** To ensure the proper management of intervention stocks, the skimmed-milk powder must be resold as soon as outlets become available. To this end, the system of sale of skimmed-milk powder from intervention stocks at a fixed price should be replaced by a system of sale by invitation to tender which allows the selling price to be fixed in accordance with market conditions.

**(4)** Experience has shown that the Member States must notify the Commission more rapidly if it is to be in a position to follow the evolution in the quantities of skimmed-milk powder offered for public intervention and, where appropriate, to suspend intervention buying-in once the quantities offered reach the level fixed by Article 7(2) of Regulation (EC) No 1255/1999.

**(5)** Regulation (EC) No 214/2001 should therefore be amended.

**(6)** The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

## **Article 1**

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

| 1. | ‘(c): the sale of skimmed-milk powder from public storage in a standing invitation to tender;’ | ‘(c) | the sale of skimmed-milk powder from public storage in a standing invitation to tender;’ |
| --- | --- | --- | --- |
| ‘(c) | the sale of skimmed-milk powder from public storage in a standing invitation to tender;’ |  |  |

| 3. | Article 36 is replaced by the following:<br>‘Article 36<br>1. Not later than 15.00 (Brussels time) each Monday, the Member States shall inform the Commission of the quantities of skimmed-milk powder which, during the preceding week, have been the subject of:<br>(a)<br>an offer to sell in accordance with Article 5,<br>(b)<br>a private storage contract in accordance with Article 28.<br>2. Once it is observed that the offers referred to in Article 5 have reached 80 000 tonnes, the information referred to in paragraph 1(a) of this Article shall be communicated each day before 15.00 (Brussels time) for the quantities of skimmed-milk powder offered the preceding day.’ | (a) | an offer to sell in accordance with Article 5, | (b) | a private storage contract in accordance with Article 28. |
| --- | --- | --- | --- | --- | --- |
| (a) | an offer to sell in accordance with Article 5, |  |  |  |  |
| (b) | a private storage contract in accordance with Article 28. |  |  |  |  |

## **Article 2**

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

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 July 2004. *For the Commission* Franz FISCHLER *Member of the Commission*

[^1] [OJ L 160, 26.6.1999, p. 48](http://publications.europa.eu/resource/oj/JOL_1999_160_R_TOC) . Regulation last amended by Commission Regulation (EC) No 186/2004 ( [OJ L 29, 3.2.2004, p. 6](http://publications.europa.eu/resource/oj/JOL_2004_029_R_TOC) ).

[^2] [OJ L 37, 7.2.2001, p. 100](http://publications.europa.eu/resource/oj/JOL_2001_037_R_TOC) . Regulation last amended by Regulation (EC) No 2131/2003 ( [OJ L 320, 5.12.2003, p. 3](http://publications.europa.eu/resource/oj/JOL_2003_320_R_TOC) ).

[^1]: . Regulation last amended by Commission Regulation (EC) No 186/2004 ().
[^2]: . Regulation last amended by Regulation (EC) No 2131/2003 ().