# COMMISSION REGULATION (EC) No 238/2009

of 19 March 2009

fixing the maximum buying-in price for butter for the first individual invitation to tender within the tendering procedure opened by Regulation (EC) No 186/2009

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) [^1] , and in particular Article 43, in conjunction with Article 4 thereof,

Whereas:

**(1)** Commission Regulation (EC) No 186/2009 [^2] has opened buying-in of butter by a tendering procedure for the period expiring on 31 August 2009, in accordance with the conditions provided for in Commission Regulation (EC) No 105/2008 of 5 February 2008 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter [^3] .

**(2)** In the light of the tenders received in response to individual invitations to tender, a maximum buying-in price is to be fixed or a decision to make no award is to be taken, in accordance with Article 16(2) of Regulation (EC) No 105/2008.

**(3)** In the light of the tenders received for the first individual invitation to tender, a maximum buying-in price should be fixed.

**(4)** The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

## **Article 1**

For the first individual invitation to tender for the buying-in of butter within the tendering procedure opened by Regulation (EC) No 186/2009, in respect of which the time limit for the submission of tenders expired on 17 March 2009, the maximum buying-in price shall be EUR 220,00/100 kg.

## **Article 2**

This Regulation shall enter into force on 20 March 2009.

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 March 2009. *For the Commission* Jean-Luc DEMARTY *Director-General for Agriculture and Rural Development*

[^1] [OJ L 299, 16.11.2007, p. 1](http://publications.europa.eu/resource/oj/JOL_2007_299_R_TOC) .

[^2] [OJ L 64, 10.3.2009, p. 3](http://publications.europa.eu/resource/oj/JOL_2009_064_R_TOC) .

[^3] [OJ L 32, 6.2.2008, p. 3](http://publications.europa.eu/resource/oj/JOL_2008_032_R_TOC) .

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