Commission Regulation (EC) No 1171/2007 of 5 October 2007 amending Regulation (EC) No 2771/1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream
Commission Regulation (EC) No 1171/2007of 5 October 2007amending Regulation (EC) No 2771/1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and creamTHE 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 productsOJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2). and in particular Article 10 thereof,Whereas:(1)Section 5 of Chapter II of Commission Regulation (EC) No 2771/1999OJ L 333, 24.12.1999, p. 11. Regulation as last amended by Regulation (EC) No 688/2007 (OJ L 159, 20.6.2007, p. 36). lays down the procedure for the sale of intervention butter by tendering. Article 24 provides that the primary requirements for the tendering security are fulfilled by taking over of the butter within the time limit laid down in Article 24f(2). Article 24f(3) refers to the removal of butter in connection with the forfeiture of the security.(2)The provisions concerning the release or forfeiture of the security have to be clarified in the light of the experience gained. In particular it needs to be made clear that the security should not be forfeited in cases where the tender amount has been paid. Furthermore, provision should be made for the retroactive application of such rule in order to, in cases of doubt, allow operators to benefit from revised rules.(3)Regulation (EC) No 2771/1999 should therefore be amended accordingly.(4)The measures provided for in this Regulation are in accordance with the opinion of the Milk and milk Products Management Committee,HAS ADOPTED THIS REGULATION: