CHAPTER ISALE BY INVITATION TO TENDER

Article 1Sale1.Cereals bought in by the paying agencies or intervention agencies hereinafter referred to as "intervention agencies" in accordance with Article 11 of Regulation (EC) No 1234/2007 shall be put up for sale by invitation to tender or, in the case of resale on the Community market, by public auction.2.For the purposes of this Regulation, "invitation to tender" means competition between interested parties in response to a call for tenders, the contract being awarded for each of the lots to the tenderer submitting the most favourable bid from among the bids that comply with this Regulation, for which the price tendered is at least equal to the minimum selling price laid down by the Commission in accordance with Article 14(2).

Article 2Decisions issuing invitations to tenderDecisions issuing invitations to tender shall be taken in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007. Such decisions shall lay down in particular:(a)the quantities to be put up for tender;(b)the closing date for the submission of tenders in the case of specific invitations to tender and the first and final closing dates for the submission of tenders in the case of standing invitations to tender.The decisions referred to in the first paragraph shall be brought to the notice of all interested parties by their publication in the Official Journal of the European Union.There must be a gap of at least six days between publication and the first closing date for submission of tenders.

Article 3Notice of invitation to tender1.At least four days before the first closing date for the submission of tenders, the intervention agencies shall draw up and publish a notice of invitation to tender setting out:(a)the additional clauses and conditions of sale compatible with this Regulation;(b)the main physical and technological characteristics of the various lots established upon buying in by the intervention agency or during checks carried out subsequently;(c)the places of storage and the names and addresses of the storers.2.Intervention agencies shall ensure that notices of invitation to tender are properly publicised, in particular by displaying them at their head offices and on their website or the website of the competent ministry. In the case of standing invitations to tender, they shall specify therein the closing dates for the submission of tenders for each partial invitation to tender.3.Notices of invitation to tender shall specify the minimum quantities which tenders must cover.4.Notices of invitation to tender, and any changes to them, shall be forwarded to the Commission before the expiry of the first deadline for the submission of tenders.

Article 4Quality of cerealsIntervention agencies shall take all measures necessary to enable interested parties to assess the quality of cereals put up for sale before submitting their tenders.

Article 5Tenders1.Tenders shall be drawn up by reference to the actual quality of the lot to which the tender relates.2.Tenders submitted may not be amended or withdrawn.3.Tenders shall be valid only if they are accompanied by proof that the tenderer has lodged a security of EUR 5 per tonne.

CHAPTER IISPECIFIC RULES FOR THE SALE ON THE COMMUNITY MARKET

Article 6Limitations of invitations to tender1.Article 2 shall not apply to invitations to tender covering quantities of less than 5000 tonnes.2.Invitations to tender as provided for in Article 2 may be restricted to specified uses and/or destinations.

Article 7Additional conditions for tenders1.The following additional conditions shall apply to tenders:(a)in the case of resale of maize and grain sorghum during the first three months of the marketing year and of common wheat, durum wheat and barley during the first two months of the marketing year, successful tenders shall quote a price at least equal to the intervention price applicable for the 11th month of the preceding marketing year, plus one monthly increase fixed for that year;(b)in the case of resale during the rest of the marketing year, tenders may in no circumstances be lower than the intervention price applicable on the closing date for the submission of tenders; however, the intervention prices to be taken into account during the 12th month of the marketing year shall be those applicable for the 11th month, plus one monthly increase.For successful tenders, the minimum selling price shall be fixed at a level that does not distort the cereals markets and that is at least equal to the price recorded for an equivalent quality and for a representative quantity on the market at the place of storage or, failing that, on the nearest market, account being taken of transport costs.2.Notwithstanding paragraph 1, sales on the Community market may be organised on the basis of specific invitations to tender for the processing of cereals into bioethanol and the use of this bioethanol to produce biofuels in the Community, provided that supply to traditional food markets is not threatened. In such cases, the minimum selling price shall be at least equal to the price recorded for an equivalent quality and for a representative quantity on the market of products used to produce biofuels, account being taken of transport costs.3.If during the marketing year there are distortions in the common organisation of the market, in particular due to difficulties in selling cereals at prices which comply with paragraph 1, or in cases of exceptional circumstances, sales on the Community market may be organised on the basis of specific invitations to tender under special conditions and selling prices fixed in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.

Article 8Informing the Commission on the outcome of tendersIn the second month following that of the closure of the invitation to tender, the Member States concerned shall inform the Commission of the outcome of the tendering procedure, indicating in particular the average selling prices of the various lots and the quantities sold.

CHAPTER IIISPECIFIC RULES FOR THE SALE FOR EXPORT

Article 9Notice of invitation to tender1.In the notices of invitation to tender provided for in Article 3, the intervention agencies shall specify for each lot the port or place of exit which may be reached at the lowest transport costs and which has adequate technical facilities for exporting the cereals put up for tender.The lowest transport costs between the place of storage and the place of loading at the port or place of exit referred to in the first subparagraph shall be reimbursed to the successful tenderer by the intervention agency in respect of the quantities exported. In particular cases a decision may be taken, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007, for carriage to be undertaken by the intervention agency under the same conditions.2.Where Member States have no sea port, a decision may be taken, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007, to derogate from paragraph 1 of this Article and, in the case of exports from a sea port, to finance the lowest transport costs between the place of storage and the actual place of exit, within the financial limits laid down in the tender notice.For the purpose of this paragraph the Croatian ports of Rijeka and Split may be regarded as places of exit.3.In the case of standing invitations to tender, the intervention agency shall set the closing dates for the submission of tenders for each partial invitation to tender.

Article 10Tenders1.Provision may be made for tenders submitted pursuant to Article 47 of Commission Regulation (EC) No 376/2008OJ L 114, 26.4.2008, p. 3. not to be admissible.2.Tenders may be rejected if they relate to lots of less than 500 tonnes.3.Tenders may stipulate that they are valid only for specified quantities.4.Tenders shall be considered as relating to a cereal delivered to, but not unloaded at, the ports or places of exit referred to in Article 9(1).5.Without prejudice to Article 5(1), tenders shall be valid only if they are accompanied by an application for an export licence together with an application for advance fixing of the export refund or levy for the relevant destination. All countries for which the same rate of export refund or levy applies shall be considered as one destination.

Article 11Determining the term of validity of export licencesNotwithstanding 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.

Article 12Specific condition for the cancellation of the contractWhere the export licence application submitted by the successful tenderer pursuant to Article 10(5) is based on Article 47 of Regulation (EC) No 376/2008, the intervention agency shall cancel the contract in respect of the quantities for which the licence is not issued in accordance with that Article.

Article 13Specific proof of the completion of customs formalitiesNotwithstanding Article 16 of Regulation (EC) No 800/1999, proof of completion of customs formalities for importation shall not be required for payment of the refund provided the operator furnishes proof that at least 1500 tonnes of cereal products have left the customs territory of the Community on a sea-going vessel where:(a)the refund applicable on the day of submission of tenders is different only as between, first Switzerland and Liechtenstein and, second, other third countries;(b)the successful tenderer has fixed in advance the lowest standard refund other than that applying to Switzerland and Liechtenstein.Such proof shall be furnished by the insertion of one of the entries listed in Annex I, certified by the competent authority, on the control copy referred to in Article 8 of Regulation (EC) No 800/1999 and of the single administrative document or national document proving that the goods have left the customs territory of the Community.

CHAPTER IVCOMMON AND FINAL PROVISIONS

Article 14Minimum price and allocation of tenders1.Upon expiry of each period for the submission of tenders, the Member State concerned shall forward to the Commission a list of the tenders, without names, in each case showing in particular the lot number, the quantity tendered, the price tendered and the price increases and reductions applying thereto.2.The Commission, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007, shall fix the minimum selling price or decide not to award any quantities.3.In the case of invitations to tender for export, the minimum selling price shall be fixed at a level which does not prejudice other export operations.

Article 15Information for tenderersIntervention agencies shall immediately inform all tenderers of the outcome of their tender. They shall forward statements of award of contract to the successful tenderers within three working days of the said notification, by registered letter or written telecommunication.

Article 16Payment for cerealsSuccessful tenderers shall pay for the cereals before they are removed and at the latest within one month of the date on which the statement referred to in Article 15 was forwarded. They shall bear all risks and storage costs in respect of cereals not removed within the period allowed for payment.Cereals covered by contracts awarded and not removed within the period allowed for payment shall be deemed to all effects to have been removed on expiry of that period. In that case, where sales on the internal market are concerned, the price tendered shall be adjusted by reference to the quality characteristics described in the notice of invitation to tender.In the case of sales for export, the price to be paid shall be that quoted in the tender, plus a monthly increase where removal takes place in the month following that of award of the contract.Where the successful tenderer has not paid for the cereals within the period laid down in the first paragraph, the contract shall be cancelled by the intervention agency in respect of the quantities not paid for.

Article 17Lodge, release and forfeit of securities1.The securities referred to in this Regulation shall be lodged in accordance with Titles II and III of Commission Regulation (EEC) No 2220/85OJ L 205, 3.8.1985, p. 5..2.The security provided for in Article 5(3) shall be released where it covers quantities for which:(a)no contract has been awarded;(b)the selling price has been paid within the period laid down and, in the case of sales for export and where the price paid is less than the minimum price for resale on the Community market, in accordance with Article 7, a security covering the difference between those two prices has been lodged.3.The security provided for in point (b) of paragraph 2 shall be released where it covers quantities in respect of which:(a)proof has been furnished that the goods have become unfit for human or animal consumption;(b)proof has been furnished that the customs formalities for exports outside the customs territory of the Community and for imports into one of the third countries covered by the tender have been completed. Proof of export outside the customs territory of the Community and of import into a third country shall respectively be those provided in accordance with the detailed rules laid down in Articles 7 and 16(1), (2) and (3) of Regulation (EC) No 800/1999;(c)the licence has not been issued in accordance with Article 47 of Regulation (EC) No 376/2008;(d)the contract has been cancelled in accordance with the fourth paragraph of Article 16.4.The security provided for in Article 5(3) shall be forfeited in respect of quantities for which:(a)the security lodged in respect of the issue of the export licence has been forfeited;(b)except in cases of force majeure, payment has not been made within the period laid down in Article 16.5.Except in cases of force majeure, the security provided for in point (b) of paragraph 2 shall be forfeited in respect of quantities for which the proof referred to in point (b) of paragraph 3 has not been provided within the period laid down in Article 49(2) of Regulation (EC) No 800/1999.

Article 18Forwarding the representative market priceEach Member State shall forward to the Commission by electronic means the representative market price expressed in national currency, per tonne, of every cereal listed in Article 10(1)(a) of Regulation (EC) No 1234/2007 by 12.00 (Brussels time) every Wednesday. These prices must be calculated regularly, independently and transparently.Member States shall indicate in particular the qualitative properties of each cereal, the stage of marketing and the place of quotation.

Article 19RepealRegulation (EEC) No 2131/93 is repealed.References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.

Article 20Entry into forceThis Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 12 February 2009.For the CommissionThe PresidentJosé Manuel BarrosoANNEX IEntries referred to in Article 13, second subparagraph—in BulgarianИзнос на зърнени култури по море — член 13, втора алинея от Регламент (ЕО) № 127/2009—in SpanishExportación de cereales por vía marítima; artículo 13, párrafo segundo, del Reglamento (CE) no 127/2009—in CzechVývoz obilovin po moři – čl. 13 druhý pododstavec nařízení (ES) č. 127/2009—in DanishEksport af korn ad søvejen — Artikel 13, stk. 2, i forordning (EF) nr. 127/2009—in GermanGetreideausfuhr auf dem Seeweg — Verordnung (EG) Nr. 127/2009, Artikel 13 Absatz 2—in EstonianTeravilja eksport meritsi – määruse (EÜ) nr 127/2009 artikli 13 teine lõik—in GreekΕξαγωγή σιτηρών διά θαλάσσης — Άρθρο 13 δεύτερο εδάφιο του κανονισμού (ΕΚ) αριθ. 127/2009—in EnglishExport of cereals by sea — second paragraph of Article 13 of Regulation (EC) No 127/2009—in FrenchExportation de céréales par voie maritime — Règlement (CE) no 127/2009, article 13, deuxième alinéa—in IrishOnnmhairiú gránach ar muir — an dara mir d' Airteagal 13 de Rialachán (CE) Uimh. 127/2009—in ItalianEsportazione di cereali per via marittima — articolo 13, secondo comma, del regolamento (CE) n. 127/2009—in LatvianLabības izvešana pa jūras ceļiem – Regular (EK) Nr. 127/2009 13. panta otrā daļa—in LithuanianGrūdų eksportas jūra – Reglamento (EB) Nr. 127/2009 13 straipsnio antra pastraipa—in HungarianGabonafélék exportja tengeri úton – 127/2009/EK rendelet 13. cikkének második albekezdése—in MalteseL-esportazzjoni ta’ ċereali bil-baħar – L-Artikolu 13, it-tieni subparagrafu, tar-Regolament (KE) Nru 127/2009—in DutchUitvoer van graan over zee — Artikel 13, tweede alinea, van Verordening (EG) nr. 127/2009—in PolishWywóz zbóż drogą morską – art. 13 akapit drugi rozporządzenia (WE) nr 127/2009—in PortugueseExportação de cereais por via marítima — Artigo 13.o, segundo parágrafo do Regulamento (CE) n.o 127/2009—in RomanianExport de cereale pe cale maritimă – Regulamentul (CE) nr. 127/2009, articolul 13, al doilea paragraf—in SlovakVývoz obilnín po mori – článok 13 druhý odsek nariadenia (ES) č. 127/2009—in SlovenianIzvoz žit s pomorskim prometom – drugi odstavek člena 13 Uredbe (ES) št. 127/2009—in FinnishViljan vienti meritse – Asetuksen (EY) N:o 127/2009 13 artiklan toinen kohta—in SwedishExport av spannmål genom sjötransport – artikel 13 andra stycket i förordning (EG) nr 127/2009ANNEX II

Repealed Regulation with its successive amendments

Commission Regulation (EEC) No 2131/93(OJ L 191, 31.7.1993, p. 76)
Commission Regulation (EC) No 120/94(OJ L 21, 26.1.1994, p. 1)	Only Article 2
Commission Regulation (EC) No 2193/96(OJ L 293, 16.11.1996, p. 1)
Commission Regulation (EC) No 39/1999(OJ L 5, 9.1.1999, p. 64)
Commission Regulation (EC) No 1630/2000(OJ L 187, 26.7.2000, p. 24)
Commission Regulation (EC) No 777/2004(OJ L 123, 27.4.2004, p. 50)	Only Article 2
Commission Regulation (EC) No 2045/2004(OJ L 354, 30.11.2004, p. 17)
Commission Regulation (EC) No 749/2005(OJ L 126, 19.5.2005, p. 10)
Commission Regulation (EC) No 1465/2006(OJ L 273, 4.10.2006, p. 3)
Commission Regulation (EC) No 1996/2006(OJ L 398, 30.12.2006, p. 1)	Only Article 4 and Annex III
Commission Regulation (EC) No 367/2007(OJ L 91, 31.3.2007, p. 14)	Only Article 1

ANNEX III

Correlation table

Regulation (EEC) No 2131/93	This Regulation
Article 1	Article 1
Article 2(1)	Article 2
Article 2(2)	Article 6(1)
Article 3	Article 3
Article 4	Article 6(2)
Article 5	Article 7
Article 6	Article 8
Article 7(1)	Article 2
Article 7(2)	Article 9(1)
Article 7(2a)	Article 9(2)
Article 7(3)	Article 9(3)
Article 8	Article 10(2) to (5)
Article 9	Article 11
Article 10	Article 14
Article 11	Article 12
Article 12	Article 3
Article 12a	Article 18
Article 13(2)	Article 5(1)
Article 13(3)	Article 10(1)
Article 13(4) first subparagraph	Article 5(2)
Article 13(4) second subparagraph	Article 5(3)
Article 14	Article 4
Article 15	Article 15
Article 16	Article 16
Article 17(1)	Article 17(1)
Article 17(2) introductory sentence	Article 17(2) introductory sentence
Article 17(2) first indent	Article 17(2)(a)
Article 17(2) second indent	Article 17(2)(b)
Article 17(3) introductory sentence	Article 17(3) introductory sentence
Article 17(3) first indent	Article 17(3)(a)
Article 17(3) second indent	Article 17(3)(b)
Article 17(3) third indent	Article 17(3)(c)
Article 17(3) fourth indent	Article 17(3)(d)
Article 17(4) introductory sentence	Article 17(4) introductory sentence
Article 17(4) first indent	Article 17(4)(a)
Article 17(4) second indent	Article 17(4)(b)
Article 17(5)	Article 17(5)
Article 17a first paragraph introductory sentence	Article 13 first paragraph introductory sentence
Article 17a first paragraph first indent	Article 13 first paragraph, point (a)
Article 17a first paragraph second indent	Article 13 first paragraph, point (b)
Article 17a first paragraph final part	Article 13 first paragraph introductory sentence
Article 17a second paragraph	Article 13 second paragraph
Article 18	—
—	Article 19
Article 19	Article 20
Annex	Annex I
—	Annex II
—	Annex III

Amendments and corrections
June 30, 2010	Repealed by 32009R1272
March 5, 2009	Entry into force - Date pub. + 20 See Art 20

Commission Regulation (EC) No 127/2009 of 12 February 2009 laying down the procedure and conditions for the sale of cereals held by paying agencies or intervention agencies (Codified version)