HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 249/6
EN
Official Journal of the European Union
27.9.2011
COMMISSION IMPLEMENTING REGULATION (EU) No 957/2011
of 26 September 2011
amending Regulation (EU) No 1272/2009 as regards the buying-in and sale of butter and skimmed
milk powder
THE EUROPEAN COMMISSION,
(4) In
order
to
provide
time
for
the
further
examination
of
the uniform application of the rules regarding the costs
to be borne by the intervention agencies and operators
Having regard to the Treaty on the Functioning of the European
regarding the buying-in and the sale of butter and
Union,
skimmed milk powder for and from intervention,
the derogation introduced by Regulation (EU)
Having regard to Council Regulation (EC) No 1234/2007 of
No 569/2010 was extended until the end of the 2011
22 October 2007 establishing a common organisation of agri
accounting year by Commission Regulation (EU)
cultural markets and on specific provisions for certain agri
No 826/2010 of 20 September 2010 derogating from
cultural products (Single CMO Regulation) (
Regulation (EU) No 1272/2009 as regards buying-in and

1 ), and in particular
Article 43(d), (f) and (j) in conjunction with Article 4 thereof,
sales of butter and skimmed milk powder ( 5 ).
Whereas:
(5) An
on-the-ground
examination
of
the
physical
operations
involved when butter and skimmed milk powder are
removed from an intervention storage site was carried
(1) In
accordance
with
Article
4(1)(b)
of
Commission
Regu
lation (EC) No 884/2006 of 21 June 2006 laying down
out. It showed that the movement of the product from
detailed rules for the application of Council Regulation
the storage cell and the subsequent loading of vehicles
(EC) No 1290/2005 as regards the financing by the
has to be considered as a single operation. It also showed
European Agricultural Guarantee Fund (EAGF) of inter
that it is not appropriate to disaggregate the cost of
vention measures in the form of public storage
moving the product from the storage cell from the
operations and the accounting of public storage
cost of loading of the vehicle. The same situation
operations by the paying agencies of the Member
applies when the products are delivered to the inter
States (
vention store, unloaded from vehicles and moved to

2 ), the EAGF finances expenditure on the
physical operations referred to in Annex V to that Regu
the storage cell. Therefore, it is necessary to amend Regu
lation on the basis of standard amounts, provided the
lation (EU) No 1272/2009 to reflect this situation and to
corresponding expenditure has not been fixed under
ensure coherence with Regulation (EC) 884/2006.
the applicable sectoral agricultural legislation.
(6) In
order
to
provide
for
continuity
of
application,
this
(2) The
standard
amounts
set
and
notified
to
the
Member
Regulation should apply from the day following the
States for 2010 were calculated on the basis of the rules
expiry of Regulation (EU) No 826/2010.
applicable before 1 March 2010. On that date the rules
regarding the buying-in and the sales of products for and
from intervention, including new rules regarding the
(7) The
measures
provided
for
in
this
Regulation
are
in
costs to be borne by intervention agencies and operators,
accordance with the opinion of the Management
as established by Commission Regulation (EU) No
Committee for Common Organisation of Agricultural
1272/2009 of 11 December 2009 laying down
Markets,
common detailed rules for the implementation of
Council Regulation (EC) No 1234/2007 as regards
buying-in and selling of agricultural products under
HAS ADOPTED THIS REGULATION:
public intervention ( 3 ) became applicable for the dairy
sector.
Article 1
(3) In
order
to
take
account
of
this
situation
regarding
sales, Regulation (EU) 1272/2009 is amended as follows:
Commission Regulation (EU) No 569/2010 of 29 June
2010 derogating from Regulation (EU) No 1272/2009 as
regards sales by tender of butter and skimmed milk
1. In Article 28(3), the third subparagraph is replaced by the
powder provided for respectively by Regulation (EU)
following:
No 446/2010 and Regulation (EU) No 447/2010 ( 4 )
introduced a derogation from Regulation (EU)
No 1272/2009 on the relevant rules for the sales by
‘The cost incurred in unloading the butter or skimmed milk
tender of butter and skimmed milk powder for tenders
powder at the loading bay of the storage place shall be borne
submitted until 21 September 2010.
by the paying agency.’
( 1 ) OJ L 299, 16.11.2007, p. 1.
2. In Article 42(1), point (e) is replaced by the following:
( 2 ) OJ L 171, 23.6.2006, p. 35.
( 3 ) OL L 349, 29.12.2009, p. 1.
( 4 ) OJ L 163, 30.6.2010, p. 32.
( 5 ) OJ L 247, 21.9.2010, p. 44.

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EN
27.9.2011 Official
Journal
of
the
European
Union L
249/7
‘(e) it indicates the price in euro tendered per unit of
the storage place, make the butter and skimmed milk
measure, rounded to no more than two decimal
powder available on pallets at the storage place loading
places, exclusive of VAT:
bay, and loaded onto the means of transport where this is
a lorry or a railway wagon. The costs involved shall be borne
(i) in the case of cereals and rice, for the product
by the paying agency.’
loaded onto the means of transport;
4. In Article 52(3), the first sentence is replaced by the
(ii) in the case of butter or skimmed milk powder, for
following:
the product supplied on pallets at the loading bay
of the storage place or, if necessary, supplied on
pallets loaded onto the means of transport where
‘Any stowage and depalletising costs shall be borne by the
this concerns a lorry or railway wagon; or
buyer of the butter or skimmed milk powder.’
(iii) for the other products delivered to the loading-bay
Article 2
of the storage place;’
This Regulation shall enter into force on the seventh day
3. In Article 52, paragraph (1) is replaced by the following:
following that of its publication in the Official Journal of the
European Union
‘1. At the time of removal from the storage place, the
intervention agency shall, in the case of delivery outside of
It shall apply from 1 October 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 September 2011.
For the Commission
The President
José Manuel BARROSO

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