
Article 1 
This Regulation provides for a tender procedure for fixing export refunds on the following milk products, listed in section 9 of Annex I to Regulation (EEC) No 3846/87, of Community origin:

((a)) skimmed milk powder in bags of at least 25 kilograms net weight and containing no more than 0,5 % by weight of added non-lactic matter falling under product code ex04 02 10 199000;
((b)) natural butter in blocks of at least 20 kilograms net weight falling under product codes ex04 05 10 199500 and ex04 05 10 199700;
((c)) butteroil in containers of at least 190 kilograms net weight falling under product code ex04 05 90 109000.
Article 2 

1. The standing invitation to tender shall be opened in accordance with the procedure referred to in Article 42(2) of Regulation (EC) No 1255/1999 guaranteeing equality of access for all persons established in the Community.
2. The standing invitation to tender shall contain the following:
(a) the tendering periods;
(b) opening and closing time between which tenders may be submitted;
(c) the minimum quantity each tender must provide for;
(d) the amount of the tendering security; and
(e) the address of the competent authorities of the Member States to which tenders shall be submitted.
3. Member States shall inform operators by the means which they consider the most appropriate as regards the application of the tendering procedure.
Article 3 

1. Written tenders shall be submitted to the competent authority of a Member State in conjunction with and using the application form for an export licence as provided for in Regulation (EC) No 1291/2000. They shall be submitted by one of the following means:
(a) delivered by hand against acknowledgement of receipt; or
(b) addressed to that authority either by registered letter or telegram; or
(c) addressed to that authority by telex, fax or electronic mail where the authority accepts such forms of communication.
2. Tenders may not be withdrawn.
3. A tender shall be valid if the following conditions are complied with:
(a) it indicates:
((i)) in section 20 a reference to this Regulation and the expiry date for the submission of tenders;
((ii)) in section 4 the name, address, e-mail address and telephone number of the tenderer. However the omission of the e-mail and telephone number shall not render the tender invalid;
((iii)) in section 16 the product code preceded by ‘ex’ as mentioned in Article 1, in section 15 the product description indicated in Article 1 and in sections 17 and 18 the quantity of the product to be exported;
((iv)) in section 20 the export refund per 100 kilograms expressed in euro and cents,
((v)) the intended destination;
(b) it respects the minimum quantity laid down in the standing invitation to tender;
(c) it does not include any conditions other than those mentioned in this paragraph;
(d) the tenderer has lodged the tendering security before the end of the period during which tenders may be submitted and has provided proof thereof within the same time period.By way of derogation from Article 9 of Regulation (EC) No 174/1999 the tender security shall constitute the export licence security.
4. Persons authorised to receive tenders shall not disclose any particulars relating thereto to any unauthorised persons.
Article 4 

1. Tenders shall be examined by the competent authority of the Member States. They shall not be examined in public. Persons authorised to be present at the examination of the tenders shall be under an obligation not to disclose any particulars relating thereto to any unauthorised person.
2. All valid tenders shall be communicated to the Commission by the Member States in the form specified in the Annex, without mentioning the tenderers by name, within two hours of the end of each tendering period.Where no tenders are submitted, Member States shall notify the Commission thereof within the same time period.
3. In the case of an invalid tender the competent authority of the Member State shall inform the tenderer thereof.
4. Member States shall, not later than the third working day of the week following the publication of the decision referred to in Article 5, communicate to the Commission the name and address of each tenderer corresponding to the number indicated in column 2, points 1, 2, 3 and 4 of the Annex.
Article 5 
On the basis of the tenders notified in accordance with Article 4(2), the Commission shall decide, in accordance with the procedure referred to in Article 42(2) of Regulation (EC) No 1255/1999, for each tendering period to fix a maximum refund according to Article 31(4) and (5) of that Regulation or to grant no refunds.
The decision on refunds shall be published in the Official Journal of the European Union.
Article 6 

1. Where a maximum export refund is fixed, the competent authority of the Member States shall accept tenders which are equal to or lower than the maximum refund and reject all others. Where no refund is fixed all tenders shall be rejected.
2. The competent authority of the Member States shall adopt the decisions referred to in paragraph 1 when the decision on refunds has been published.
Article 7 

1. The successful tenderers shall have:
(a) the right to receive an export licence in respect of the quantity and export refund, in accordance with the decision as referred to in Article 6(1);
(b) the obligation to export the tendered quantity in accordance with Article 31(b) and Article 32(1)(b)(i) of Regulation (EC) No 1291/2000.
2. By way of derogation from Article 9(1) of Regulation (EC) No 1291/2000, the right referred to in point 1 shall not be transferable.
Article 8 

1. By way of derogation from Regulation (EC) No 174/1999
(a) the amount of the refund referred to in Article 1 of that Regulation shall be the amount resulting from the tender;
(b) Article 5(2) and (3) of that Regulation shall not apply;
(c) section 16 of licences referred to in Article 5(1) of that Regulation shall show the 12-digit product code of the nomenclature for refunds preceded by ‘ex’;
(d) the period of validity of the export licence referred to in Article 6 of that Regulation shall be from the closing date for the submission of tenders until the end of the fourth month following that date.
2. By way of derogation from Article 10 of Regulation (EC) No 174/1999 an export licence shall be issued to the successful tenderer immediately after the acceptance of tenders in accordance with Article 6 in respect of the quantity awarded to him.
3. In addition to the indication in section 22 of the licence provided for in Article 12(1) of Regulation (EC) No 174/1999, the licence shall indicate in that section a reference to this Regulation, the expiry date of the period for the submission of tenders and the amount of refund applicable. Section 21 of the licence shall not apply.
Article 9 

1. The tendering security shall be released if:
(a) the tender is invalid or rejected;
(b) the obligation referred to in Article 7(1)(b) has been fulfilled.
2. Where the obligation referred to in Article 7(1)(b) is not fulfilled the tendering security shall be forfeited in accordance with Article 12 of Regulation (EC) No 174/1999, except in cases of force majeure.
Article 10 
This Regulation shall enter into force on the first day of the month following that of 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, 26 March 2004.
For the Commission
Franz FISCHLER
Member of the Commission
ANNEX
1. 
2. 
3. 
4. 