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
Date: 2004-12-27
Institutions: European Commission
Subjects: disclosure of information, invitation to tender, milk

28.12.2004

EN

Official Journal of the European Union

L 381/25

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 Articles 10, 15 and 31
thereof,

Whereas:

(1)

The following Regulations set provisions on tendering
procedures concerning time limits both for tenderers to
present their offers to the competent authorities and for
the Member States to communicate the offers to the
Commission:

— Commission Regulation (EEC) No 429/90 of 20
February 1990 on the granting by invitation to
tender of an aid for concentrated butter intended
for direct consumption in the Community (2),

— Commission Regulation (EC) No 2571/97 of 15
December 1997 on the sale of butter at reduced
prices and the granting of aid for cream, butter and
concentrated butter for use in the manufacture of
pastry products, ice-cream and other foodstuffs (3),

— Commission Regulation (EC) No 2771/1999 of 16
December 1999 laying down detailed rules for the
application
(EC) No
1255/1999 as regards intervention on the market
in butter and cream (4),

Regulation

Council

of

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004,
p. 6).

(2) OJ L 45, 21.2.1990, p. 8. Regulation as last amended by Regulation

(EC) No 921/2004 (OJ L 163, 30.4.2004, p. 94).

(3) OJ L 350, 20.12.1997, p. 3. Regulation as last amended by

Regulation (EC) No 921/2004.

(4) OJ L 333, 24.12.1999, p. 11. Regulation as last amended by
Regulation (EC) No 1932/2004 (OJ L 333, 9.11.2004, p. 4).

— Commission Regulation (EC) No 2799/1999 of 17
December 1999 laying down detailed rules
for
applying 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 (5),

— Commission Regulation (EC) No 214/2001 of 12
January 2001 laying down detailed rules for the
application
(EC) No
1255/1999 as regards intervention on the market
in skimmed-milk powder (6),

Regulation

Council

of

— Commission Regulation (EC) No 580/2004 of 26
procedure
certain milk

tender
for

establishing

refunds

export

2004

a

March
concerning
products (7),

— Commission Regulation (EC) No 581/2004 of 26
March 2004 opening a standing invitation to tender
for
concerning certain types of
export
butter (8), and

refunds

— Commission Regulation (EC) No 582/2004 of 26
March 2004 opening a standing invitation to tender
skimmed milk
export
for
powder (9).

concerning

refunds

(2)

In order to ensure a smooth functioning of the tender
systems, notably allowing the relevant competent autho-
rities and the Commission services sufficient time to deal
with the data related to each tender, it is appropriate to
advance the time limits for the operators to lodge the
bids and for competent authorities to communicate the
data to the Commission.

(5) OJ L 340, 31.12.1999, p. 3. Regulation as last amended by
Regulation (EC) No 1992/2004 (OJ L 344, 20.11.2004, p. 11).
last amended by
Regulation (EC) No 1838/2004 (OJ L 322, 23.10.2004, p. 3).

(6) OJ L 37, 7.2.2001, p. 100. Regulation as

(7) OJ L 90, 27.3.2004, p. 58.
(8) OJ L 90, 27.3.2004, p. 64.
(9) OJ L 90, 27.3.2004, p. 67.

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Official Journal of the European Union

28.12.2004

(3)

(4)

In order to minimise the risk for speculation created by
the anticipation of the submission of the bids in respect
of the tender procedure as provided for in Regulations
(EC) No 581/2004 and (EC) No 582/2004, prefixation of
export refunds as provided for in Commission Regulation
(EC) No 174/1999 of 26 January 1999 laying down
special detailed rules for application of Council Regu-
lation (EEC) No 804/68 as regards export licences and
export refunds in the case of milk and milk products (1)
the closing date for
should not be possible after
submission of tenders.

If no offers have been submitted Member States commu-
nicate this to the Commission within the same delay.’

Article 2

Article 14 of Regulation (EC) No 2571/97 is amended as
follows:

1. Paragraph 2 is replaced by the following:

(EC) No 2771/1999,

Regulations (EEC) No 429/90, (EC) No 2571/97, (EC) No
(EC) No 2799/1999,
174/1999,
(EC) No 214/2001,
(EC) No
581/2004 and (EC) No 582/2004 should therefore be
amended accordingly.

(EC) No 580/2004,

‘2.
the submission of
in
for
The time limit
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.’

tenders

(5)

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

2. The following paragraph 3 is added:

HAS ADOPTED THIS REGULATION:

Article 1

Article 3 of Regulation (EEC) No 429/90 is amended as follows:

1. Paragraph 2 is replaced by the following:

‘2.
the submission of
in
for
The time limit
invitations to tender shall be
response to the individual
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.’

tenders

2. The following paragraph 4 is added:

On the closing date referred to in Article 3(2), the
the

‘4.
Member States
shall
quantities and prices offered by tenderers.

inform the Commission of

(1) OJ L 20, 27.1.1999, p. 8. Regulation as last amended by Regulation

(EC) No 1846/2004 (OJ L 322, 23.10.2004, p. 16).

On the closing date referred to in Article 14(2), the
the

‘3.
Member States
shall
quantities and prices offered by tenderers.

inform the Commission of

If no offers have been submitted Member States commu-
nicate this to the Commission within the same delay if
butter is available for sale in the Member State concerned.’

Article 3

In Article 1 of Regulation (EC) No 174/1999,
paragraph is replaced by the following:

the third

‘3.
Licence applications for all the products referred to in
Article 1(1) of Council Regulation (EC) No 1255/1999 (*)
which, within the meaning of Article 17 of Commission
Regulation (EC) No 1291/2000 (**), were lodged on the
Wednesday and the Thursday following the end of each
tendering period referred to in Article 2(2) of Commission
Regulation (EC) No 581/2004 (***) and in Article 2(2) of
Commission Regulation (EC) No 582/2004 (****) shall be
deemed to have been submitted on the working day
following that Thursday.

___________

(*) OJ L 160, 26.6.1999, p. 48.
(**) OJ L 152, 24.6.2000, p. 1.
(***) OJ L 90, 27.3.2004, p. 64.
(****) OJ L 90, 27.3.2004, p. 67.’.

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Article 4

Regulation (EC) No 2771/1999 is amended as follows:

1. In Article 16, paragraph 3 is replaced by the following:

‘2.
in
the submission of
for
The time limit
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.’

tenders

‘3.
in
the submission of
for
The time limit
response to the individual
invitations to tender shall be
11.00 (Brussels time) on the second and fourth Tuesday of
the month except
If
Tuesday is a public holiday the time limit shall be 11.00
(Brussels time) on the previous working day.’

for the second Tuesday of August.

tenders

2. In Article 17b, paragraph 1 is replaced by the following:

2. In Article 30(1), the following subparagraph is added:

‘If no offers have been submitted Member States commu-
nicate this to the Commission within the same delay if
skimmed-milk powder is available for sale in the Member
State concerned.’

On the closing date referred to in Article 16(3), the
inform the Commission of the quan-

‘1.
Member States shall
tities and prices offered by tenderers.

Article 6

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

If no offers have been submitted Member States commu-
nicate this to the Commission within the same delay.’

1. In Article 14, paragraph 2 is replaced by the following:

3. In Article 22, paragraph 2 is replaced by the following:

‘2.
the submission of
in
for
The time limit
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.’

tenders

4. In Article 24a, paragraph 1 is replaced by the following:

‘1.
On the closing date referred to in Article 22(2), the
Member States shall
inform the Commission of the quan-
tities and prices offered by tenderers and the quantity of
butter offered for sale.

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

for the second Tuesday of August.

tenders

2. In Article 17, paragraph 1 is replaced by the following:

On the closing date referred to in Article 14(2), the
the

‘1.
Member States
shall
quantities and prices offered by tenderers.

inform the Commission of

If no offers have been submitted Member States commu-
nicate this to the Commission within the same delay.’

If no offers have been submitted Member States commu-
nicate this to the Commission within the same delay if
butter is available for sale in the Member State concerned.’

3. In Article 22, paragraph 2 is replaced by the following:

Article 5

Regulation (EC) No 2799/1999 is amended as follows:

1. In Article 27, paragraph 2 is replaced by the following:

‘2.
the submission of
in
for
The time limit
invitations to tender shall be
response to the individual
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.’

tenders

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Official Journal of the European Union

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4. In Article 24a(1), the third subparagraph is replaced by the

following:

‘If no offers have been submitted Member States commu-
nicate this to the Commission within the same delay if
skimmed-milk powder is available for sale in the Member
State concerned.’

Each tendering period shall end at 13.00 (Brussels time) on
the second and the fourth Tuesday of the month, except on
the second Tuesday in August and on the fourth Tuesday in
December. If Tuesday is a public holiday the period shall end
at 13.00 (Brussels time) on the previous working day.’

Article 9

Article 7

In Article 2 of Regulation (EC) No 582/2004, paragraph 2 is
replaced by the following:

The first subparagraph of Article 4(2) of Regulation (EC) No
580/2004 is replaced by the following:

‘All valid tenders shall be communicated to the Commission
by the Member States in the form specified in the Annex,
without mentioning the tenderers by name, within three
hours of the end of each tendering period.’

Article 8

In Article 2 of Regulation (EC) No 581/2004, paragraph 2 is
replaced by the following:

‘2.
Each tendering period shall begin at 13.00 (Brussels
time) on the first and third Tuesday of the month except
the first Tuesday in August and the third Tuesday in
December. If Tuesday is a public holiday, the period shall
begin at 13.00 (Brussels time) on the following working day.

‘2.
Each tendering period shall begin at 13.00 (Brussels
time) on the first and third Tuesday of the month except
the first Tuesday in August and the third Tuesday in
December. If Tuesday is a public holiday, the period shall
begin at 13.00 (Brussels time) on the following working day.

Each tendering period shall end at 13.00 (Brussels time) on
the second and the fourth Tuesday of the month, except on
the second Tuesday in August and on the fourth Tuesday in
December. If Tuesday is a public holiday the period shall end
at 13.00 (Brussels time) on the previous working day.’

Article 10

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

It shall apply from 1 January 2005.

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

Done at Brussels, 27 December 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission