1.A Member State, where no tendering procedure is open in accordance with Article 40, may itself open a tendering procedure for sale when the total quantity remaining in its storage places is less than:
(a)for each cereal: 5 000 tonnes;
(b)for rice: 1 000 tonnes;
(c)for beef, butter or skimmed milk powder: 100 tonnes.
2.For a tendering procedure opened by a Member State, in accordance with paragraph 1, this title, with the exception of Articles 40(2), 41(2)(b), 42(1)(a) and (f), 43, 45, 46(2), and Title IV shall apply. Article 46(1) shall apply mutatis mutandis by way of a decision of the Member State.
3.Member States may put up for direct sales products which after visual examination by the intervention agencies in the context of the annual stocktaking or during the inspection may no longer be repackaged or are deteriorated referred to in paragraphs 1(d) et 1(f) of Article 5 of Regulation (EC) No 884/2006.
This paragraph shall apply within the quantities fixed in paragraph 1 of this Article.
4.The intervention agencies shall ensure equality of access for all parties concerned.