# COMMISSION REGULATION (EC) No 1726/2004

of 1 October 2004

fixing the minimum selling price for butter for the 5th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2771/1999

## 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(c) thereof,

Whereas:

**(1)** Pursuant to Article 21 of Commission Regulation (EC) No 2771/1999 of 16 December 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 [^2] , intervention agencies have put up for sale by standing invitation to tender certain quantities of butter held by them.

**(2)** In the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award, in accordance with Article 24a of Regulation (EC) No 2771/1999.

**(3)** In the light of the tenders received, a minimum selling price should be fixed.

**(4)** The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

## **Article 1**

For the 5th individual invitation to tender pursuant to Regulation (EC) No 2771/1999, in respect of which the time limit for the submission of tenders expired on 28 September 2004, the minimum selling price for butter is fixed at 270 EUR/100 kg.

## **Article 2**

This Regulation shall enter into force on 2 October 2004.

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 1 October 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 as 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 333, 24.12.1999, p. 11](http://publications.europa.eu/resource/oj/JOL_1999_333_R_TOC) . Regulation as last amended by Regulation (EC) No 1448/2004 ( [OJ L 267, 14.8.2004, p. 30](http://publications.europa.eu/resource/oj/JOL_2004_267_R_TOC) ).

[^1]: . Regulation as last amended by Commission Regulation (EC) No 186/2004 ().
[^2]: . Regulation as last amended by Regulation (EC) No 1448/2004 ().