Regulation (EC) No 105/2008 is amended as follows:

1. 1.

   Article 6 is replaced by the following:

   ‘Article 6

   Buying-in of butter at 90 % of the reference price pursuant to Article 18(1)(b) of Regulation (EC) No 1234/2007 shall be carried out in accordance with the provisions of this Section.’

2. 2.

   In Article 7(5) the following subparagraph is added:

   ‘Offers submitted on a Saturday, Sunday or public holiday shall be deemed to be received by the competent body on the first working day following the day on which they were submitted.’

3. 3.

   Article 9 is amended as follows:

   1. (a)

      Paragraph 1 is replaced by the following:

      ‘1.

      After checking the offer, and on the fifth working day following the day of receipt of the offer to sell, the competent body shall issue a delivery order, provided that the Commission does not adopt special measures in accordance with Article 12(2).

      The delivery order shall be dated and numbered and shall show:

      (a)

      the quantity to be delivered;

      (b)

      the final date for delivery of the butter;

      (c)

      the cold store to which it must be delivered.

      Delivery orders shall not be issued for quantities that had not been notified in accordance with Article 12(1).’

   2. (b)

      Paragraph 5 is replaced by the following:

      ‘5.

      For the purpose of this Article, the butter shall be deemed to be delivered to the competent body on the day when the full quantity of butter covered by the delivery order enters the cold store designated by the competent body, but no earlier than the day following that on which the delivery order was issued.’

4. 4.

   Article 12 is replaced by the following:

   ‘Article 12

   1.

   Not later than 14.00 (Brussels time) each working day, the competent body shall inform the Commission of the quantities of butter which, during the preceding working day, have been the subject of an offer to sell in accordance with Article 7.

   2.

   In order to comply with the limits referred to in Article 13(1)(c) of Regulation (EC) No 1234/2007 the Commission shall decide, without assistance of the Committee referred to in Article 195(1) of the same Regulation:

   (a)

   to close intervention buying-in at fixed price;

   (b)

   where acceptance of the full quantity offered on a certain day would lead to the maximum quantity being exceeded, to set a single percentage by which the quantities in the offers received on that day are reduced;

   (c)

   where appropriate, to reject offers for which no delivery order has been issued.

   By way of derogation from Article 7(6), a seller which is subject to a reduced acceptance of his offer as referred to in point (b) of this paragraph may decide to withdraw his offer within five working days from the publication of the regulation fixing the reduction percentage.’

5. 5.

   In Article 13, paragraph 1 is replaced by the following:

   ‘1.

   Where the Commission decides in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007 to start buying-in butter by means of a tendering procedure pursuant to Articles 13(3) and 18(2)(d) of that Regulation, Article 2 and Article 3(1)(2)(4)(5) and (6) and Articles 4, 5, 9, 10 and 11 of this Regulation shall apply unless otherwise provided in this Section.’

6. 6.

   In Article 16(2), the first subparagraph is replaced by the following:

   ‘In the light of the tenders received for each invitation to tender, the Commission shall fix a maximum buying-in price, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.’

7. 7.

   In Article 18 the following paragraph is added:

   ‘2a.

   Delivery orders shall not be issued for quantities that had not been notified in accordance with Article 16(1).’

8. 8.

   In Article 20, paragraph 1 is replaced by the following:

   ‘1.

   The competent body shall choose the nearest available cold store to the place where the butter is stored.

   However, the competent body may choose another store situated within a distance of 350 km, provided that the choice of that cold store does not result in additional storage costs.

   The competent body may choose a cold store situated beyond that distance if the resulting expenditure, including storage and transport costs, is lower. In that case the competent body shall notify the Commission of its choice forthwith.’

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of European Union.

It shall apply from 1 March 2009.