# COMMISSION REGULATION (EC) No 1269/2004

of 9 July 2004

suspending the buying-in of butter in certain Member States

## 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] ,

Having regard to 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] , and in particular Article 2 thereof,

Whereas:

**(1)** Article 2 of Regulation (EC) No 2771/1999 lays down that buying-in by invitation to tender is to be opened or suspended by the Commission in a Member State, as appropriate, once it is observed that, for two weeks in succession, the market price in that Member State is below or equal to or above 92 % of the intervention price.

**(2)** Commission Regulation (EC) No 1230/2004 [^3] establishes the most recent list of Member States in which intervention is suspended. This list must be adjusted as a result of the market prices communicated by Sweden pursuant to Article 8 of Regulation (EC) No 2771/1999. In the interests of clarity, the list in question should be replaced and Regulation (EC) No 1230/2004 should be repealed,

HAS ADOPTED THIS REGULATION:

## **Article 1**

Buying-in of butter by invitation to tender as provided for in Article 6(1) of Regulation (EC) No 1255/1999 is hereby suspended in Belgium, Denmark, Greece, France, Luxembourg, the Netherlands, Austria, Finland and Sweden.

## **Article 2**

Regulation (EC) No 1230/2004 is hereby repealed.

## **Article 3**

This Regulation shall enter into force on 10 July 2004.

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 9 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 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 359/2003 ( [OJ L 53, 28.2.2003, p. 17](http://publications.europa.eu/resource/oj/JOL_2003_053_R_TOC) ).

[^3] [OJ L 234, 3.7.2004, p. 3](http://publications.europa.eu/resource/oj/JOL_2004_234_R_TOC) .

[^1]: . Regulation as last amended by Commission Regulation (EC) No 186/2004 ().
[^2]: . Regulation as last amended by Regulation (EC) No 359/2003 ().
[^3]: .