Commission Regulation (EU) No 1272/2009 (repealed)Show full title

Article 24 Release and forfeiture of the security

1. The security referred to in Article 9 shall be released as soon as the offerer or tenderer has delivered the quantity indicated on the delivery order under Article 25 within the time limit laid down therein and conformity with the requirements referred to in Article 7 has been established.

2. Where the products do not conform with the requirements referred to in Article 7, the products shall not be accepted and the security shall be forfeit in respect of the quantities not accepted.

3. Except in cases of force majeure, where the offerer or tenderer fails to deliver the products within the time limit laid down in the delivery order, the security shall be forfeit in proportion to the quantities not delivered and buying-in shall be cancelled in respect of the quantities not yet delivered.

4. Where offers or tenders are not admissible or have not been accepted, the securities shall be released.

5. For cereals and rice, if the intervention agency has not received satisfactory evidence that the quantities offered or tendered were present in the storage place, as provided for in Article 10(1)(b)(ii), the security shall be forfeited.

For the purposes of the first subparagraph, the intervention agency shall carry out checks on the quantities present in the places of storage by applying mutatis mutandis the rules and conditions laid down in Regulation (EC) No 884/2006 as regards checks on the physical presence of products stored under public storage operations, and more specifically those provided for under Part B(III) of Annex I to that Regulation. These checks shall be carried out on at least 5 % of the tenders and 5 % of the quantities offered, on the basis of a risk analysis.

6. In the case of cereals and rice, if the quantity actually delivered and accepted is less than the quantity awarded, the security shall be released in full where the difference is not more than 5 %.

7. In the case of beef, if the quantity actually delivered and accepted is less than the quantity awarded, the security shall:

(a) be released in full where the difference is not more than 5 % or 175 kg;

(b) except in cases of force majeure, be forfeited:

(i)

in part, corresponding to the quantities not delivered or not accepted where the difference is not more than 15 %;

(ii)

in full in other cases, pursuant to Article 29 of Regulation (EEC) No 2220/85.

8. The security shall be released in case of application of Article 14(2).