Commission Regulation (EU) No 1272/2009 (repealed)Show full title

Article 42 Submission and admissibility of tenders

1. A tender shall be admissible if the following conditions are met:

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

(b) it indicates the identification data of the tenderer: name, address and VAT registration number;

(c) it indicates the products with the relevant CN code, if necessary, for cereals and rice and with the relevant description for beef;

(d) it indicates the quantity tendered for and for cereals and rice the sales lot;

(e) it indicates the price in euro tendered per unit of measure, rounded to no more than two decimal places, exclusive of VAT, for the product loaded onto the means of transport in the case of cereals and rice or delivered to the loading-bay of the storage place for the other products;

(f) it relates to at least the minimum quantity referred to in Article 43(2) for beef, butter and skimmed milk powder;

(g) it indicates the storage place where the product is held and for dairy products, as the case may be, a substitute storage place;

(h) proof is furnished that the tenderer has lodged the security referred to in Article 44;

(i) it does not include any additional conditions introduced by the tenderer other than those laid down in this Regulation and in the Regulation opening the sale;

(j) it is presented in the official language, or one of the official languages, of the Member State in which the tender is submitted.

2. For cereals and rice, the tendered price shall refer to minimum or standard quality defined respectively in Part II of Annex I to this Regulation and in Section A of Annex IV to Regulation (EC) No 1234/2007.

In case of tendering procedure for exports of cereals referred to in Annex II, Part II of Commission Regulation (EC) No 376/2008(1), tenders shall be admissible only if they are accompanied by an application for an export licence.

Provision may be made for tenders submitted pursuant to Article 47 of Regulation (EC) No 376/2008 not to be admissible.

By way of derogation from Article 22(1) of Regulation (EC) No 376/2008, export licences issued pursuant to this Regulation shall be considered, for the purposes of determining their term of validity, as having been issued on the closing date for the submission of tenders.

3. For beef, butter and skimmed milk powder, the tendered price shall apply to net weight. For beef, the net weight shall be regarded as the difference between the gross weight ascertained at the loading bay of the cold store and the average weight of packaging determined before its use.

For butter, tenders shall contain, if appropriate, an indication of the kind of butter referred to in Article 41(2)(h) for which the tender is submitted.

4. Tenders submitted on a Saturday, Sunday or public holiday shall be deemed to be received by the competent body on the first working day following the day on which they were submitted.

5. Where the time limit for the submission of tenders is a public holiday, the tenders shall be submitted at the latest in the last working day preceding the public holiday.

6. Tenders shall not be withdrawn or amended after their submission.

(1)

OJ L 114, 26.4.2008, p. 3.