31.1.2009 Official Journal of the European Union L 30/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/2007 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Articles 36 and 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (%), After consulting the FEuropean Economic and Social Committee (?), After consulting the Committee of the Regions (%), Whereas: (1)  The reforms of the Common Agricultural Policy (CAP) agreed in 2003 and 2004 included provisions for reports to gauge their effectiveness, and in particular to appraise their impact with respect to their objectives and to analyse their effects on the relevant markets. In this context, the Commission presented a Communication to the European Parliament and Council entitled ‘Preparing for the “Health Check” of the CAP reform’ on (") Opinion of 19 November 2008 (not yet published in the Official Journal). (*) Opinion of 23 October 2008 (not yet published in the Official Journal). Opinion delivered following non-compulsory consultation. (*) Opinion of 8 October 2008 (not yet published in the Official Journal). Opinion delivered following non-compulsory consultation. 20 November 2007. That Communication and the subse- quent discussions of its main elements by the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, as well as numerous contributions arising from public consultation should be taken into account. (2)  The provisions of the CAP concerning public interven- tion should be simplified and aligned by extending tendering in order to achieve a harmonised approach insofar as possible. In particular, the respect of maximum quantities and quantitative limits for cereals, butter and skimmed milk powder may require rapid action. In order to provide for this, and since closing buying-in at a fixed price, adopting allocation coefficients and, for common wheat, switching to the tendering procedure, do not involve the exercise of discretion, the Commission should be permitted to do so without the assistance of the Committee. (3)  In respect of cereals intervention, the system should be adjusted to ensure competitiveness and market orienta- tion for the sector, while keeping the role of intervention as a safety net in the event of market disruptions and facilitating farmers’ response to market conditions. Upon adoption by the Council of Regulation (EC) No 735/2007 (*), which reformed the intervention system for maize the Commission undertook to review the cereals intervention system, on the basis of an analysis which revealed some degree of risk for additional (*) Council Regulation (EC) No 735/2007 of 11 June 2007 amending Regulation (EC) No 1784/2003 on the common organisation of the market in cereals (O] L 169, 29.6.2007, p. 6).