Commission Regulation (EC) No 2799/1999Show full title

Section 1 U.K. Organisation of and participation in tendering procedures

Article 26 U.K.

1. Skimmed-milk powder shall be sold by means of a standing invitation to tender organised by each intervention agency.

2. Sales shall concern skimmed-milk powder taken into storage before [F1 1 July 2005].

3. A standing invitation to tender shall be published in the Official Journal of the European Communities at least eight days before the first closing date laid down for the submission of tenders.

4. The intervention agencies shall draw up a notice of invitation to tender indicating in particular the closing date and address for submission of tenders.

They shall also indicate, for the skimmed-milk powder they hold:

(a) the locations of the warehouses where the powder to be sold is in store,

(b) the quantity for sale in each warehouse.

5. Intervention agencies shall keep an up-to-date list of the information referred to in paragraph 4, which they shall make available to interested parties on request. They shall also publish regular updates of the list in an appropriate form, to be indicated in the notice of invitation to tender.

6. Intervention agencies shall make the necessary arrangements to enable interested parties:

(a) to examine samples of the skimmed-milk powder put up for sale at their own expense before submitting a tender;

(b) to verify the results of the analyses referred to in Article 3 of Commission Regulation (EC) No 322/96(1).

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1194/2005 of 25 July 2005 amending Regulation (EC) No 2799/1999 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder.

Article 27 U.K.

1. Intervention agencies shall organise individual tendering rounds during the term of validity of the standing invitation to tender.

[F2 2. The time limit for the submission of tenders in response to the individual invitations to tender shall be 11.00 (Brussels time) on the second and fourth Tuesday of the month except for the second Tuesday of August and the fourth Tuesday of December. If Tuesday is a public holiday the time limit shall be 11.00 (Brussels time) on the previous working day.]

Textual Amendments

F2 Substituted by Commission Regulation (EC) No 2250/2004 of 27 December 2004 amending Regulations (EEC) No 429/90, (EC) No 2571/97, (EC) No 174/1999, (EC) No 2771/1999, (EC) No 2799/1999, (EC) No 214/2001, (EC) No 580/2004, (EC) No 581/2004 and (EC) No 582/2004 as regards the time limits for the submission of tenders and for the communication to the Commission.

Article 28 U.K.

1. The skimmed-milk powder sold under this chapter shall qualify for the aid provided for in Article 1(a).

2. Tenders under each individual round shall be submitted by registered letter or delivered by hand to the intervention agency against acknowledgement of receipt, or by any other means of written telecommunication.

Tenders shall be submitted to the intervention agency holding the skimmed-milk powder for which an offer is made.

3. Tenders shall state:

(a) the name and address of the tenderer;

(b) the quantity desired;

(c) the price in euro tendered per 100 kilograms, not including national taxes and charges, ex-warehouse;

(d) the Member State in which processing into compound feedingstuffs or denaturing is to take place;

(e) if appropriate, the warehouse where the skimmed-milk powder is held and, if desired, a substitute warehouse.

4. Tenders shall not be valid unless:

(a) they relate to at least 10 tonnes; however, if the quantity available in a warehouse is less than 10 tonnes, the minimum quantity for which an offer may be made shall be the actual amount available;

(b) they are accompanied by the tenderer's written undertaking to comply with the following requirements:

(i)

to process the skimmed-milk powder or have it processed into compound feedingstuffs or denatured skimmed-milk powder within 60 days of the closing date for the submission of tenders in response to each individual tendering round as specified in Article 27(2);

(ii)

to comply with this Regulation or ensure that it is complied with.

(c) proof is provided that the tenderer has lodged a tendering security of EUR 36 per tonne, in the Member State where the tender is submitted, for the tendering round in question before the closing date for submission of tenders.

5. Tenders may not be withdrawn after the closing date provided for in Article 27(2).

Article 29 U.K.

For the purposes of the tendering security provided for in Article 28(4)(c), the primary requirements within the meaning of Article 20 of Regulation (EEC) No 2220/85 shall be that tenders are maintained after the closing date for submission of tenders, that the processing security referred to in Article 30(3) is lodged and that the price is paid.

(1)

OJ L 45, 23.2.1996, p. 5.