Commission Regulation (EU) No 1272/2009 (repealed)Show full title

Section I Deliveries

Article 25 Deliveries and delivery orders

After having checked the admissibility of the offer 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:

(a)

the quantity to be delivered;

(b)

the final date for delivery of the products;

(c)

the storage place to which the products shall be delivered;

(d)

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).

Article 26 Specific provisions for the delivery of cereals and rice

1. If cereals or rice cannot be delivered to the storage place of the intervention centre indicated by the offerer or tenderer, referred to in Article 10(1)(a)(iv), the intervention agency shall designate another storage place of the same intervention centre or a storage place of another approved intervention centre, 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.

Article 27 Specific provisions for the delivery of beef

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.

Article 28 Specific provisions for the delivery of butter and skimmed milk powder

1. Butter shall be packed and delivered in blocks of at least 25 kilograms net meeting the requirements laid down in Part IV of Annex IV. 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. The skimmed milk powder shall be put up in bags of a net weight of 25 kilograms net meeting the requirements laid down in Parts II and III 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.

Any cost incurred in unloading the butter or skimmed milk powder at the loading bay of the storage place shall be borne by the successful offerer or tenderer.