L 55/44 Official Journal of the European Union 24.2.2004 COMMISSION REGULATION (EC) No 318/2004 of 23 February 2004 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 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 (), and in particular Article 10 thereof, Whereas: (1)  Articles 4(1) and 6(1) of Regulation (EC) No 1255/1999, as amended by Regulation (EC) No 1787/2003, provide for reductions of the intervention prices and the inter- vention system for butter. It is therefore necessary to lay down in Commission Regulation (EC) No 2771/1999 (%) detailed rules with regard to an intervention system for the buying-in of butter at fixed prices. (2)  Moreover, in accordance with Article 6(1) of Regulation (EC) No 1255/1999, the Commission may decide to suspend intervention buying-in once certain quantities offered for intervention have been reached. In order to put the Commission into the position to take such a decision, provisions should be adopted for the Commis- sion to follow the quantities of butter offered for public intervention. (3)  Once these quantities have been reached, the Commis- sion may also decide to carry on buying-in by way of a standing tendering procedure. Relevant detailed rules should be determined. (4)  Proper management of intervention stock requires the butter to be resold as soon as outlets become available. In the light of experience gained concerning the sale of butter from intervention stocks, in particular with regard to quantitative requirements and pricing, it is appro- priate to introduce a tendering procedure for the sale of butter from public intervention. (5)  The intervention agency shall sell the intervention butter according to the date when it was placed in storage. In order to meet demand, the tenderers should have the possibility to distinguish between sweet cream and sour cream butter in their offer and the selling price fixed may vary according to the location of the butter offered for sale. (6)  Regulation (EC) No 2771/1999 should therefore be amended accordingly. (") OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu- lation (EC) No 1787/2003 (OJ L 270, 21.10.2003, p. 121). () OJ L 333, 24.12.1999, p. 11. Regulation as last amended by Regu- Jation (EC) No 359/2003 (O] L 53, 28.2.2003, p. 17). (7)  The detailed rules provided for in this Regulation should be applicable as of 1 March 2004, date on which Article 6(1) of Regulation (EC) No 1255/1999, as amended by Regulation (EC) No 1787/2003, applies. (8)  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: Atrticle 1 Regulation (EC) No 2771/1999 is amended as follows: 1. Article 2 is replaced by the following: ‘Article 2 1. Once the Commission has observed, in accordance with Article 8(4), that the market price in one or more Member States is lower than 92 % of the intervention price, for two weeks in succession, it shall commence buying in butter offered for intervention in the Member State(s) concerned in the period from 1 March to 31 August, at 90 % of the intervention price, in accordance with the first subparagraph of Article 6(1) of Regulation (EC) No 1255/ 1999. 2. Once the Commission has observed, in accordance with Article 8(4), that the market price in the Member State(s) concerned is equal to or higher than 92 % of the intervention price, for two weeks in succession, it shall suspend buying in. 2. Article 4(3) is replaced by the following: ‘3. The butter shall have been made during the 23 days preceding the day on which the intervention agency received the offer to sell. 3. In Article 6(1), the first subparagraph is replaced by the following: ‘Where the butter is offered to intervention in a Member State other than that in which it was produced, buying-in shall be subject to the presentation of a certificate supplied, not later than 45 days after the day on which the offer was received, by the competent agency of the Member State of production.’