Commission Regulation (EC) No 1319/2004 of 16 July 2004 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
Date: 2004-07-16
Institutions: European Commission
Subjects: award of contract, intervention agency, intervention stock, market intervention, skimmed milk powder

17.7.2004

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Official Journal of the European Union

L 245/11

COMMISSION REGULATION (EC) No 1319/2004

of 16 July 2004

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,

(6)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Milk and Milk Products,

Having regard to the Treaty
Community,

establishing the European

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 (1), and in particular Article 10 thereof,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 214/2001 is hereby amended as follows:

Whereas:

1. Article 1(c) is replaced by the following:

(1)

(2)

(3)

(4)

to Article 7(4) of Regulation (EC) No
Pursuant
1255/1999 skimmed-milk powder bought
in by the
intervention agency is to be disposed of at a minimum
price and under conditions to be determined so as to
avoid disturbing the balance on the market and to ensure
purchasers equal treatment and access to the skimmed-
milk powder to be sold.

Commission Regulation (EC) No 214/2001 (2) laid down
intervention measures for the disposal of skimmed-milk
powder, including its sale at a fixed price.

To ensure the proper management of intervention stocks,
the skimmed-milk powder must be resold as soon as
the system of
outlets become available. To this end,
sale of skimmed-milk powder from intervention stocks
at a fixed price should be replaced by a system of sale by
invitation to tender which allows the selling price to be
fixed in accordance with market conditions.

‘(c) the sale of skimmed-milk powder from public storage in

a standing invitation to tender;’

2. Chapter II is amended as follows:

(a) Section 5 is replaced by the following:

‘SECTION 5

SALE BY INVITATION TO TENDER OF SKIMMED-MILK
POWDER FROM PUBLIC STORAGE

Article 21

1.
Skimmed-milk powder which entered storage
before 1 July 2002 shall be sold by means of a
standing invitation to tender organised by each inter-
vention agency.

Experience has shown that
the Member States must
notify the Commission more rapidly if it is to be in a
position to follow the evolution in the quantities of
skimmed-milk powder offered for public intervention
and, where
intervention
buying-in once the quantities offered reach the level
fixed by Article 7(2) of Regulation (EC) No 1255/1999.

appropriate,

suspend

to

shall

a notice of
2.
Intervention agencies
indicating in particular
standing invitation to tender,
the closing date and place for
the submission of
tenders. They shall also indicate, for the skimmed-milk
powder they hold:

issue

(a)

the locations of the warehouses where the powder to
be sold is in store;

(5)

Regulation (EC) No 214/2001 should therefore be
amended.

(b) the quantity held for sale in each warehouse.

(1) OJ L 160, 26.6.1999, p. 48. Regulation last

amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004,
p. 6).

(2) OJ L 37, 7.2.2001, p. 100. Regulation last amended by Regulation

(EC) No 2131/2003 (OJ L 320, 5.12.2003, p. 3).

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

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Intervention agencies shall keep an up-to-date list
3.
of the information referred to in paragraph 2, which they
shall make available to interested parties on request.
They shall also publish regular updates of the list in an
to be indicated in the notice of
appropriate form,
standing invitation to tender.

Intervention agencies

4.
arrangements to enable interested parties:

shall make the necessary

(a)

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

sale at

(b) to verify the results of the analyses referred to in

Article 2(2).

Article 22

During the period of validity of the standing invi-
issue

the intervention agencies shall

1.
tation to tender,
individual invitations to tender.

The closing date for submission of tenders for each
2.
individual tendering round shall be 12 noon (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 the Tuesday is a public holiday,
the closing date shall be the last preceding working day
at 12 noon (Brussels time).

Article 23

1.
Tenders for each individual tendering round shall
be submitted in writing either by delivery by hand to the
intervention agency against proof of receipt, or by any
other written means of telecommunication against proof
of receipt.

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

2.

Tenders shall contain:

(a)

the name and address of the tenderer;

(b) the quantity desired;

(c)

the price in euro tendered per 100 kilograms of
skimmed-milk powder, not including national taxes
and charges, ex-warehouse;

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

3.

A tender shall not be valid unless:

(a)

it relates to at least 10 tonnes, except where the
quantity available in a warehouse is less than 10
tonnes;

(b) it is accompanied by the tenderer’s written under-
taking to comply with the provisions of this Regu-
lation;

(c) proof

is provided that

the tenderer has lodged a
in the
for
tendering round in question before
the tenders

tendering security of EUR 50 per tonne,
Member State where the tender is submitted,
the individual
the closing date for
referred to in Article 22(2).

submission of

Tenders may not be withdrawn after the closing

4.
date provided for in Article 22(2).

Article 24

For the purposes of the tendering security provided for
in Article 23(3)(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
referred to in Article 22(2) and that the price is paid
within the deadline laid down in Article 24f(2).’;

(b) The following Section 6 is added:

‘SECTION 6

IMPLEMENTATION OF THE TENDERING PROCEDURE

Article 24a

1.
On the closing date referred to in Article 22(2), the
the
Member States shall
quantities and prices offered by tenderers and the
quantity of skimmed-milk powder offered for sale.

inform the Commission of

Member States shall forward this information identifying
each operator by means of a coded number whose
meaning is unknown to the Commission. They shall
indicate whether
submitted
same
multiple tenders.

tenderer has

the

Where no tenders have been submitted, Member States
shall
inform the Commission of this fact by the same
date.

2.
The Commission shall fix a minimum selling price
for the skimmed-milk powder on the basis of the tenders
received under each individual tendering round and in
accordance with the procedure laid down in Article 42
of Regulation (EC) No 1255/1999. This price may vary
according to the date of entry into storage and location
of the quantities of skimmed-milk powder offered for
sale.

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It may be decided to make no award under the round.

Article 24d

The decision on each individual tendering round shall be
published in the Official Journal of the European Union.

Article 24b

Tenders shall be rejected if the price offered is lower than
the minimum price.

Article 24c

1.
The intervention agency shall make the award in
accordance with the rules laid down in paragraphs 2 to
5.

2.
The skimmed-milk powder shall be allocated on
the basis of its date of entry into storage, starting with
the oldest product of the total quantity available in the
warehouse(s) designated by the tenderer.

tenderer

The successful

shall be the tenderer
3.
offering the highest price. If the full quantity available
is not allocated, the remainder shall be awarded to the
other tenderers on the basis of
the prices tendered,
starting with the highest price.

4. Where acceptance of a tender would result
in
contracts being awarded in excess of the quantity of
particular
skimmed-milk
warehouse, only the quantity available shall be awarded
to the tenderer in question.

available

powder

in

a

However, the intervention agency may designate other
warehouses to make up the quantity set out
in the
tender, provided the tenderer agrees.

5. Where the acceptance of
two or more tenders
offering the same price for skimmed-milk powder in a
particular warehouse would lead to contracts being
awarded in excess of the quantity available, the award
shall be made by allocation of the quantity available in
proportion to the quantities tendered for.

However, should such a division lead to the award of
quantities of less than five tonnes, awards shall be made
by drawing lots.

Rights and obligations arising in connection with the
invitation to tender shall not be transferable.

Article 24e

1.
Tenderers shall be notified without delay by the
intervention agency of the result of their participation
in an individual tendering round.

Where tenders have been unsuccessful,
the securities
provided for in Article 23(3)(c) shall be released imme-
diately.

tenderers shall, before the removal of

2. Within the period specified in Article 24f(2)
successful
the
skimmed-milk powder, pay the intervention agency the
amount corresponding to their tender, for each quantity
that they wish to withdraw.

Article 24f

1.
Once the amount referred to in Article 24e(2) has
been paid the intervention agency shall issue a removal
order indicating:

(a)

the quantity in respect of which the corresponding
amount has been paid;

(b) the warehouse in which the skimmed-milk powder is

in store;

(c)

the final date for
powder.

removal of

the skimmed-milk

Successful

2.
tenderers shall remove the skimmed-
milk powder awarded to them within 30 days of the
closing date referred to in Article 22(2). Removal may
be effected by instalments of not less than five tonnes
each. However, where the quantity remaining in a
warehouse
smaller
is
quantity may be delivered.

than five

tonnes,

that

less

in cases of

force majeure,
Except
if the skimmed-milk
powder has not been removed by the closing date
the cost of
referred to in the first
storage shall be borne by successful tenderers from the
day following that date. Moreover, storage shall be at
their own risk.

subparagraph,

No later than the third working day of the week
6.
following publication of
the decision referred to in
Article 24a(2), Member States shall send the Commission
the name and address of each tenderer corresponding to
the code number referred to in Article 24a(1).

3.
The security lodged in accordance with Article
23(3)(c) shall be released immediately in respect of quan-
tities removed within the period provided for in the first
subparagraph of paragraph 2 of this Article.

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In the event of force majeure as referred to in the second
subparagraph of paragraph 2, the intervention agency
shall take such action as it considers necessary having
regard to the circumstances invoked.’;

3. Article 36 is replaced by the following:

‘Article 36

Not later than 15.00 (Brussels time) each Monday, the
1.
inform the Commission of the quan-
Member States shall
tities of skimmed-milk powder which, during the preceding
week, have been the subject of:

(a) an offer to sell in accordance with Article 5,

(b) a private storage contract in accordance with Article 28.

2.
Once it is observed that the offers referred to in Article
5 have reached 80 000 tonnes, the information referred to
in paragraph 1(a) of this Article shall be communicated each
day before 15.00 (Brussels
the quantities of
skimmed-milk powder offered the preceding day.’

time)

for

Article 2

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 July 2004.

For the Commission

Franz FISCHLER
Member of the Commission