Commission Implementing Regulation (EU) 2016/1240Dangos y teitl llawn

CHAPTER III Sale of products from intervention

Article 28 Opening of the tendering procedure

1. Products taken over into public intervention and available for sale shall be sold through a tendering procedure.

2. The tendering procedure shall be opened by way of an Implementing Regulation opening the sale.

The first closing date for submission of tenders shall be fixed not earlier than six days after the publication of that Implementing Regulation in the Official Journal of the European Union.

3. Tendering procedures may be open for the sale of products stored in one or several regions of the Union or a Member State.

4. The Implementing Regulation opening the sale shall contain, in particular, the following information:

(a) the products covered, and in particular:

(i)

for rice, an indication of the type and variety,

(ii)

for beef, the relevant cuts;

(b) the period covered (‘tendering period’) and the different sub-periods during which the tenders can be submitted;

(c) for beef, butter and skimmed milk powder, the minimum quantity for which a tender may be submitted;

(d) the amount of the security that shall be lodged when submitting a tender.

In addition, that Implementing Regulation may contain:

(a)

the global quantities covered by the tendering procedure;

(b)

if applicable, provisions concerning transport costs for cereals and rice.

5. Tendering procedures may be restricted to specified uses or destinations and include provisions for verifying the use or destination.

Article 29 Notice of invitation to tender and arrangements related to the invitation to tender

1. Each paying agency holding intervention stocks available for sale shall draw up a notice of invitation to tender, and publish it at least four days before the first date for the submission of tenders.

2. The notice of invitation to tender shall indicate in particular:

(a) the name and address of the paying agency issuing the notice of invitation to tender;

(b) the reference to the Implementing Regulation opening the sale;

(c) the closing dates for the submission of tenders for each partial invitation to tender;

(d) for each storage place, the name and address of the storekeeper, and, as appropriate:

(i)

for cereals and rice, the quantities available presented in sales lots determined in such a way to ensure equal access to operators, together with a description of the quality of each sales lot;

(ii)

for beef, the quantities available by cut, in accordance with Part IV of Annex III and the date of delivery;

(iii)

for butter and skimmed milk powder, the quantities available and the date of delivery;

(e) the delivery stage as referred to in Article 30(1)(d) and, if applicable, the type of packaging;

(f) any facilities at the storage place for loading onto a means of transport;

(g) for butter, where appropriate, the available quantity of sweet cream butter per storage place, as referred to in point 2(d) of Part II of Annex IV.

3. The paying agency shall ensure that notices of invitation to tender are properly publicised.

4. The paying agency shall make the necessary arrangements to enable interested parties:

(a) to inspect and to take and examine samples of cereals and rice put up for sale at their own expense before submitting a tender;

(b) to consult the results of the analyses referred to in Part IV of Annex I, Part I of Annex II, Part I of Annex IV or Part I of Annex V, as appropriate.

Article 30 Submission and admissibility of tenders

1. A tender shall be admissible if it complies with the requirements laid down in Article 2 and the Implementing Regulation opening the sale. It shall also meet the following conditions:

(a) it indicates a reference to the Implementing Regulation opening the sale and the expiry date for the sub-period of submission of the tenders;

(b) for beef, it indicates the relevant cuts;

(c) for cereals and rice, it indicates the total quantity of the sales lot;

(d) it indicates the price in euro tendered per unit of measurement, rounded to no more than two decimal places, exclusive of VAT, as follows:

(i)

in the case of cereals and rice, for the product loaded onto the means of transport;

(ii)

in the case of butter or skimmed milk powder, for the product supplied on pallets at the loading bay of the storage place or, if necessary, supplied on pallets loaded onto the means of transport where it is a lorry or railway wagon;

(iii)

in the case of beef, for the product delivered to the loading bay of the storage place.

(e) for beef, butter and skimmed milk powder, that it relates to at least the minimum quantity referred to in the Implementing Regulation opening the sale;

(f) it indicates the storage place where the product is held and, for butter and skimmed milk powder, an alternative storage place may be specified;

(g) the operator has lodged the amount of the security provided for in the Implementing Regulation opening the sale.

2. For cereals, the tendered price shall refer to the minimum quality defined in Part II of Annex I to Delegated Regulation (EU) 2016/1238 or, for rice to the standard quality defined in Section A of Annex III to Regulation (EU) No 1308/2013.

3. For beef, butter and skimmed milk powder, the tendered price shall apply to net weight.

For butter, where appropriate, the tender may specify that it is submitted exclusively for sweet cream butter as referred to in Article 29(2)(g).

Article 31 Notification of tenders to the Commission

1. Member States shall notify the Commission of all admissible tenders within the time limits set in the Implementing Regulation opening the sale.

2. The notifications provided for in paragraph 1 shall not contain the operator's name, address and VAT registration number.

3. Where a Member State does not notify the Commission of an admissible tender within the time limits referred to in paragraph 1, it shall be deemed to have notified the Commission of a nil return.

Article 32 Decisions on the selling price

1. On the basis of the tenders notified in accordance with Article 31, the Commission shall decide, in accordance with the procedure referred to in Article 229(2) of Regulation (EU) No 1308/2013:

(a) not to fix a minimum selling price; or

(b) to fix a minimum selling price.

For butter and skimmed milk powder the minimum selling price may vary according to the location of the products offered for sale.

2. The decision referred to in paragraph 1 shall be published in the Official Journal of the European Union.

Article 33 Individual decisions on tenders

1. Where no minimum selling price has been fixed, all tenders shall be rejected.

2. Where a minimum selling price has been fixed, the paying agencies shall reject any tender lower than the minimum selling price.

The paying agencies shall only accept tenders that have been notified to the Commission in accordance with Article 31.

3. The paying agencies shall take the decisions referred to in paragraphs 1 and 2 of this Article after the publication of the decision of the Commission referred to in Article 32.

The paying agency shall notify the operators of the outcome of their participation in the tendering procedure within three working days of the entry into force of that decision of the Commission.

Article 34 Specific rules for the allocation of beef, butter and skimmed milk powder

1. For butter and skimmed milk powder, the successful operator shall be the operator offering the highest price. If the full quantity available is not allocated, the remainder shall be awarded to the other operators on the basis of the prices tendered, starting with the highest price.

2. Where acceptance of a tender would result in contracts being awarded in excess of the quantity of beef, butter or skimmed milk powder available at a particular storage place, only the quantity available shall be awarded to the operator in question. However, with the agreement of the operator, the paying agency may allocate product from other storage places to fulfil the tender quantity.

3. Where acceptance of two or more tenders offering the same price at a particular storage place would lead to contracts being awarded in excess of the available quantity of beef, butter or skimmed milk powder, the award shall be made by allocating the quantity available in proportion to the quantities tendered for. However, if such allocation leads to the award of quantities of less than the minimum quantity referred to in Article 28(4)(c), the award shall be made by drawing lots.

4. Where after the acceptance of all successful tenders the quantity of beef, butter or skimmed milk powder left at the storage place is less than the minimum quantity referred to in Article 28(4)(c), the remaining quantity shall be offered by the paying agency to the successful operators starting with the one who offered the highest price. The successful operators shall be offered the option to buy the remaining quantity at the minimum selling price.

5. The paying agency shall allocate the product on the basis of its date of entry into storage, starting with the oldest product of the total quantity available at the storage place designated by the operator or, as the case may be, the oldest of the quantity of butter or sweet cream butter or cut of beef available in the cold storage place designated by the operator.

Article 35 Payments

Before removing the product and within the period specified in Article 37(2), operators shall pay the paying agency the amount corresponding to their tender for each quantity that they withdraw from the storage place, as notified by the paying agency in accordance with Article 33(3).

Article 36 Sales by Member States

1. In a Member State where no tendering procedure is open in accordance with Article 28, the paying agency may itself open a tendering procedure for the sale of intervention products when the total quantity remaining in all its storage places is less than:

(a) for each cereal: 10 000 tonnes;

(b) for rice: 2 000 tonnes;

(c) for beef, butter or skimmed milk powder: 200 tonnes.

2. Chapter II of Delegated Regulation (EU) 2016/1238 and this Chapter shall apply to a tendering procedure opened by a paying agency in accordance with paragraph 1, with the exception of Articles 28(2), 29(2)(b), 30(1)(a) and (e), 31 and 32(2) of this Regulation. Article 32(1) shall apply mutatis mutandis to a respective decision of the Member State.

3. Within the quantities fixed in paragraph 1, paying agencies may put up for direct sale products which, after visual examination in the context of the annual stocktaking in accordance with point (g) of the first subparagraph of Article 3(3) and Article 3(4) of Delegated Regulation (EU) No 907/2014 or during the inspection after taking into intervention, may no longer be repackaged or are deteriorated.

4. The paying agencies shall ensure equality of access for all parties concerned.

Article 37 Removal order

1. On payment of the amount referred to in Article 35, the paying agency shall issue a removal order indicating:

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

(b) the storage place in which the product is stored;

(c) the final date for removal of the product.

2. The operators shall remove the product awarded to them within 30 days of the notification referred to in Article 33(3). After that period of time the costs and risks shall be borne by the operator.

Article 38 Removal of butter and skimmed milk powder

1. At the time of removal from the storage place and in the case of delivery outside the storage place, the paying agency shall make the butter and skimmed milk powder available on pallets at the loading bay of the storage place, and loaded onto the means of transport where it is a lorry or a railway wagon. The costs involved shall be borne by the paying agency.

2. The operator shall return equivalent quality pallets to the paying agency on removal from the storage place. Alternatively, an equivalent arrangement may be agreed with the paying agency.

3. Any stowage and depalletising costs shall be borne by the operator of the butter or skimmed milk powder.