L 50/12 Official Journal of the European Union 21.2.2009 COMMISSION REGULATION (EC) No 149/2009 of 20 February 2009 amending Regulation (EC) No 214/2001 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 1234/2007 of 22 October 2007 establishing a common organisation of agri- cultural markets and on specific provisions for certain agri- cultural products (Single CMO Regulation) ('), and in particular Article 43, in conjunction with Article 4 thereof, Whereas: 0) 0 Article 10(1)(f) of Regulation (EC) No 1234/2007 provides for public intervention of skimmed milk powder. Commission Regulation (EC) No 214/2001 (?) has laid down the detailed rules concerning the public inter- vention of skimmed milk powder. In view of new arrangements and in the light of the experience gained, it is appropriate to amend and, where necessary, simplify the detailed rules governing intervention on the market in skimmed milk powder. Article 10(1)(f) of Regulation (EC) No 1234/2007 sets a new standard of 34 %, by weight of the fat free dry matter, for protein in skimmed milk powder, therefore the definition of the eligible product should be amended. Article 13(1)(d) in conjunction with Article 18(2)(e) of Regulation (EC) No 1234/2007 limit public intervention L 299, 16.11.2007, p. 1. L 37, 7.2.2001, p. 100. (10) of skimmed milk powder at fixed price to a quantity offered of 109 000 tonnes for the period 1 March to 31 August. In order to comply with the limit of 109 000 tonnes it is appropriate to provide for a reflexion period during which, before a decision is taken on the offers, special measures can be taken applying in particular to pending offers. Those measures may consist of closure of inter- vention, application of an allocation percentage and rejection of pending offers. They require swift action and the Commission should be enabled to take all necessary measures without delay. In view of the public holidays in April 2009, derogation should be made as regards the dates for submitting the offers in order to ensure compliance with the limit of 109 000 tonnes to be purchased at fixed price. The level of the security shall ensure that the offers presented are not withdrawn, therefore a security of EUR 5 per 100 kg shall apply to all the tenders in the framework of this Regulation. Private storage of skimmed milk powder has been abolished by Council Regulation (EQ) No 1152/2007 (?), the references to this scheme should be deleted. Small residual quantities, left in storehouses, should be avoided and quantities up to 5 000 kg should be offered to awarded tenderers. Regulation (EC) No 214/2001 should be amended accordingly. The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of the Agri- cultural Markets, () O] L 258, 4.10.2007, p. 3.