[F1After having checked the admissibility of the offer or tender as referred to in Article 11(1) and after having notified in accordance with Article 20(3), the intervention agency shall issue a delivery order, without prejudice to the measures adopted in accordance with Articles 14(1) and 19(1). The delivery order shall be dated and numbered and shall show:
the quantity to be delivered;
the final date for delivery of the products;
the storage place to which the products shall be delivered;
the price at which the offer or tender is accepted.]
Delivery orders shall not be issued for quantities not notified to the Commission as provided for in Articles 13(1) and 18(1).
Textual Amendments
F1 Substituted by Commission Regulation (EU) No 549/2010 of 23 June 2010 amending and correcting Regulation (EU) No 1272/2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention.
[F21. If cereals or rice cannot be delivered to the storage place indicated by the offerer or tenderer, referred to in Article 10(1)(a)(iv), the intervention agency shall designate another storage place to which delivery must take place, at the lowest cost.]
2.Delivery to the storage place shall occur not later than the end of the third month following the date of issue of the delivery order referred to in Article 25 and in any case not later than 30 June for cereals and 31 August for rice.
However in cases referred to in Article 35(2), the delivery shall take place not later than 31 August for cereals and 31 October for rice.
3.The quantity delivered shall be weighed in the presence of the offerer or tenderer and a representative of the intervention agency who is independent vis-à-vis the offerer or tenderer.
However, the representative of the intervention agency may also be the storekeeper. In that case, the intervention agency itself shall, within 30 days from the date of conditional takeover referred to in Article 31(1), conduct an inspection involving at least a volumetric check; any difference between the quantity determined by weighing and the quantity estimated in accordance with the volumetric method may not exceed 5 %.
Where the tolerance is not exceeded, the storekeeper shall bear all costs relating to any difference observed, at a later weight check, from the weight entered in the accounts on when the cereals or rice were taken over.
Where the tolerance is exceeded, the cereals or rice shall be weighed forthwith. The costs of weighing shall be borne by the storekeeper, where the weight determined is less than that recorded, or by the Member State, where it is more.
Textual Amendments
F2 Substituted by Commission Implementing Regulation (EU) No 340/2014 of 1 April 2014 amending Regulation (EU) No 1272/2009 as regards certain rules on public intervention in respect of certain agricultural products, in accordance with Regulation (EU) No 1308/2013 of the European Parliament and of the Council.
1.The costs of unloading shall be borne by the successful tenderer.
2.Successful tenderers shall deliver the products not later than 17 days after the first working day following publication of the regulation fixing the maximum buying-in price.
However, depending on the quantities awarded, the intervention agency may extend that period by one week. Deliveries may be divided into more than one consignment.
3.Specific requirements for the delivery of beef are laid down in Annex III, Part III.
1.[X1Butter shall be packed and delivered in blocks of at least 25 kilograms net.] Butter shall be packed in new, strong material in such a way as to ensure it is protected throughout transportation, entry into storage, storage and removal from storage. The packing shall show at least the following particulars, where appropriate in code:
(a)the approval number identifying the factory and the Member State of production;
(b)the date of production;
(c)the date of entry into storage;
(d)the production batch number and the package number; the package number may be replaced by a pallet number marked on the pallet;
(e)the words ‘sweet cream’ if the aqueous phase of the butter has the corresponding pH.
Member States may waive the obligation to show the date of entry into storage on the packaging, provided that the store manager undertakes to keep a register in which the particulars referred to in the first subparagraph are recorded on the date of entry into storage.
2.[X1The skimmed milk powder shall be put up in bags of a net weight of 25 kilograms net meeting the requirements laid down in Part V of Annex V, and showing the following particulars, where appropriate in code:]
(a)the approval number identifying the factory and the Member State of manufacture;
(b)the date or, where appropriate, the week of manufacture;
(c)the number of the manufacturing batch;
(d)the description ‘spray skimmed-milk powder’.
3.The successful offerer or tenderer shall deliver the butter or skimmed milk powder to the loading bay of the storage place within 28 days following the date of issue of the delivery order. Delivery may be in several consignments.
The skimmed milk powder and butter shall be delivered on pallets of a quality suitable for long-term storage, to be exchanged against equivalent pallets.
[F3The cost incurred in unloading the butter or skimmed milk powder at the loading bay of the storage place shall be borne by the paying agency.]
Editorial Information
X1 Substituted by Corrigendum to Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (Official Journal of the European Union L 349 of 29 December 2009).
Textual Amendments
1.The cost of transporting the cereals or rice to the storage place indicated by the offerer or tenderer as being at the lowest cost, in accordance with Article 10(1)(a)(iv), shall be borne by the offerer or tenderer, where the distance involved is equal to or less than 100 km. Once this distance has been exceeded, the transport costs over 100 km shall be borne by the intervention agency.
[F12. If the storage place indicated by the offerer or tenderer is changed by the intervention agency, in accordance with Article 26(1), the additional transport costs, except for the first 20 km, shall be borne by the intervention agency. However, the transport costs over 100 km shall still be borne totally by the intervention agency. This paragraph shall not apply in case of application of Article 31(2).]
3.The costs to be borne by the intervention agency referred to in paragraphs 1 and 2 shall be reimbursed by the Commission, on a non-flat-rate basis, in accordance with Article 4(1)(c) of Regulation (EC) No 884/2006.
4.The transport costs inherent in the replacement of products referred to in Article 35(2) shall be borne solely by the offerer or tenderer.
Textual Amendments
F1 Substituted by Commission Regulation (EU) No 549/2010 of 23 June 2010 amending and correcting Regulation (EU) No 1272/2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention.
1.The intervention agency shall choose the nearest available storage place to the place where the butter or skimmed milk powder is stored.
However, the intervention agency may choose another storage place situated within a distance of 350 km, provided that the choice of that storage place does not result in additional storage costs.
The intervention agency may choose a storage place situated beyond that distance if the resulting expenditure, including storage and transport costs, is lower. In that case, the intervention agency shall notify the Commission of its choice forthwith.
2.Where the intervention agency which buys-in the butter or skimmed milk powder is in a Member State other than the one in whose territory the offered butter or skimmed milk powder is stored, no account shall be taken, in calculating the maximum distance referred to in paragraph 1 of the distance between the store of the offerer or tenderer and the border of the Member State of the purchasing competent body.
3.Beyond the maximum distance referred to in paragraph 1, the additional transport costs shall be borne by the intervention agency at a rate per tonne and per kilometre of EUR 0,05 for skimmed milk powder and EUR 0,065 for butter. The additional costs shall be borne by the intervention agency only if the temperature of the butter does not exceed 6 oC on arrival at the cold store.