L 37/100 Official Journal of the European Communities 7.2.2001 COMMISSION REGULATION (EC) No 214/2001 of 12 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed-milk powder 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 ('), as amended by Regulation (EC) No 1040/2000 (3, and in particular Article 10 thereof, Whereas: 1) coollrereerrce === Regulation (EC) No 1255/1999 replaced Council Regula- tion (EEC) No 804/68 (*) and also, inter alia, Council Regulation (EEC) No 777/87 (*) dealing with the buying-in arrangements for butter and skimmed-milk powder. In view of those new arrangements and in the light of the experience gained, the detailed rules governing intervention on the market in skimmed-milk powder should be amended. In the interests of clarity, therefore, the recasting of the specific regulations which previously governed the various aspects of intervention, namely Commission Regulations (EEC) No 2213/76 of 10 September 1976 on the sale of skimmed-milk powder from public storage (°), as last amended by Regulation (EC) No 2080/96 (%), (EEC) No 1362/87 of 18 May 1987 laying down detailed rules for the applica- tion of Regulation (EEC) No 777/87 with respect to the buying-in and the granting of aid for the private storage of skimmed-milk powder (’), as last amended by Regula- tion (EC) No 569/96 (%), (EEC) No 1158/91 of 3 May 1991 on the buying-in by tender of skimmed-milk powder to intervention agencies (%), as last amended by Regulation (EC) No 124/1999 (1), and (EC) No 322/96 of 22 February 1996 laying down detailed rules of application for the public storage of skimmed-milk powder ('), as last amended by Regulation (EC) No 419/ 98 ('), should be undertaken and their provisions should be brought together in a single regulation. The intervention agencies may only buy in skimmed- milk powder which meets the requirements laid down in Atrticle 7(1) of Regulation (EC) No 1255/1999 as well as the conditions of quality and presentation, which need to be defined. The methods of analysis and detailed rules 160, 26.6.1999, p. 48. 118, 19.5.2000, p. 1. 148, 28.6.1968, p. 13. 78, 20.3.1987, p. 10. 249, 11.9.1976, p. 6. 279, 31.10.1996, p. 15. 129, 19.5.1987, p. 9. 80, 30.3.1996, p. 48. 112, 4.5.1991, p. 65. L 16, 21.1.1999, p. 19. L 45, 23.2.1996, p. 5. L 52, 21.2.1998, p. 20. [snlienllenll enll el ol il i 0 governing quality control should also be specified and, if the situation so requires, provision should be made for checks of the radioactivity in skimmed-milk powder, the maximum levels of which need to be established, where appropriate, by Community legislation. To ensure that the intervention arrangements function smoothly, it is necessary to specify the conditions for the approval of manufacturing undertakings and verification of compliance therewith. To ensure that the arrange- ments are effective, provision should be made for action to be taken if these conditions are not complied with. Since skimmed-milk powder may be bought in by an intervention agency belonging to a Member State other than that on whose territory it was produced, the inter- vention agency which does the buying-in should be able to verify that the conditions relating to quality and presentation are complied with in such cases. Failure to comply with such requirements should not burden the Community budget; non-compliant skimmed-milk powder should therefore be taken back by the operator, who should be made to bear the storage costs incurred. The minimum quantity offered for sale should be speci- fied. Offers should be accompanied by a security, in order to guarantee that the offer will be maintained and that the skimmed-milk powder will be delivered within the time limits to be laid down. Under Article 7 of Regulation (EC) No 1255/1999, inter- vention agencies may buy in only skimmed-milk powder which has a minimum protein content. Furthermore, the buying-in price may vary according to the protein content. The method for calculating the buying-in price should be defined. Member States' obligations should be specified with a view to the proper management of stocks in storage, by stipulating a maximum distance for the place of storage and the costs to be borne when that distance is exceeded, and requiring, in particular, that stocks be accessible, that batches be identified and that skimmed- milk powder in storage be insured against risks. In order to ensure a uniform frequency and level of checks, it is necessary to specify the nature and number of inspec- tions of storage premises to be performed by the national authorities. Since intervention agencies are