Procedures for the Sale of Skimmed Milk Powder held in

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					      Procedures for the Sale of Skimmed Milk Powder held in Intervention
      Storage in Ireland under Commission Regulation (EC) No.1272/2009

1    Introduction

     This memorandum describes the arrangements, which apply in Ireland for sale of SMP held
     in intervention storage under Commission Regulation (EC) No.1272/2009 by the Department
     of Agriculture, Fisheries and Food in its capacity as The Intervention Agent on behalf of the
     EU Commission.

     The rules and regulations herein arise from:

                   Commission Regulation (EC) No 1272/2009 laying down detailed rules for
                    the application of Council Regulation (EC) No. 1234/2007 as regards buying-
                    in and selling of agricultural products under public intervention.
                   Commission Regulation (EU) No. 54/2011 of 21st January 2011 opening the
                    sale of skimmed milk powder by a tendering procedure.

     Copies of the Regulations may be obtained from the Stationary Office, Bishop Street Dublin
     8 or from the Government Publications Office, Molesworth Street, Dublin 2.

     Interest in purchasing SMP held in intervention storage in Ireland under this procedure
     should be expressed by way of letter or fax addressed to:

                    Anne Dobbs (HEO)
                    Dairy Intervention Section,
                    Other Market Supports Division,
                    Johnstown Castle Estate,
                    Co. Wexford.
                    Tel: +353 – 53 – 9165563
                    Fax: +353 – 53 – 9142843

     The list of stock currently available for sale will immediately be sent to the interested
     parties. Form 1272/2 is enclosed with the stock list on which purchasers must indicate the
     quantity and storage location(s) of the SMP required and their terms and their acceptance of
     all terms and conditions of the sale.

     Terms and Conditions of Sale
     Commission Regulation (EC) No. 1272/2009 provides for the sale of SMP, which entered
     storage before a certain date. The European Commission has set this date as before 1st
     November 2009.

     Sales are conducted by means of a tendering procedure. Tenders in respect of a particular
     adjudication must reach the Department before 11.00 Brussels time, on the first or third
     Tuesday of the month. However, in August it shall be 11.00 (Brussels time) of the fourth
     Tuesday and in December it shall be 11.00 (Brussels time) on the second Tuesday. If
     Tuesday is a public holiday the time limit shall be 11.00 (Brussels time) on the previous
     working day.

D&C/SMP/Sales/Invitation to Tender 1272
Tenders must be in writing and may be submitted by post, by hand or fax. Tenders may not be
withdrawn after the time limit for receipt of tenders.

     Available SMP, which entered storage before the date recommended by the commission,
     may be sold ex-storage depot to any interested party. The SMP will be made available on
     pallets at the storage place loading bay. The buyer shall return equivalent quality pallets to
     the intervention agency on removal from the storage place. The loading costs and any
     depalletising costs shall be borne by the buyer of the SMP.
     The minimum quantity, which may be sold, is 10 tonnes. However, if the quantity available
     in a warehouse is less than 10 tonnes, the lesser quantity may be sold.

     Purchasers may specify the store or stores from which they wish to purchase the SMP. The
     Intervention Agency must sell the SMP in order of the date on which it entered storage
     starting with the oldest of the total available quantity or the quantity available in the stores or
     stores specified by the purchaser.

     Prospective purchasers may, at their own expense, sample the butter offered for sale. To
     facilitate administration, at least three working days notice of intention to sample should be

     A tendering security of 200 EURO per TONNE must be lodged in the member state
     where the tender is submitted for the tendering round in question before the closing time and
     date for submission for tenders. The security may be lodged by the following methods:

                   A bank draft made out in favour of the “ The Minister for Agriculture, Fisheries
                    and Food”


                   Electronic Funds Transfer

                    The Department can accept payment by Electronic Fund Transfer (EFT) in
                    accordance with the following protocol only:
               1.   All payment to be made in Euro.
               2.   Each EFT payment made must quote your name or if possible your Department
                    of Agriculture, Fisheries & Food 9 digit customer number (available from Dairy
                    & Cereals Intervention 00 353 53 9163444).
               3.   Each payment must be followed by remittance notice detailing
                        (a) Name and address details
                        (b) Your nine digit customer number (if possible)
                        (c) The date and amount paid into the Department’s EFT Account
                        (d) The reference “Tender: Sale of Intervention Skimmed Milk Powder, EC
                            Regulation 1272/2009”
               4.   This remittance notice should be sent by fax to:

               EFT Payments, The Cash Office, Farnham St. Cavan FAX : 00 353 49 4326532
               The Department cannot accept any responsibility for payments made into this
               account that cannot be identified due to lack of information.

D&C/SMP/Sales/Invitation to Tender 1272
               The Department’s Bank Details:
               Bank Details:    Bank of Ireland, Main Street, Cavan
               Account Name: BOI Accounts Receivable Account
               Account Number: 17183210
               Bank Sort Code: 90-32-93
               IBAN NO:         IE21 BOFI 903293 17183210
               BIC NO:          BOFIIE2D


                    A Guarantee in the format set out at Annex 1 made out in favour of the
                     Minister for Agriculture, Fisheries and Food from a credit institution approved
                     by the Dept of Agriculture, Fisheries and Food, Ireland or
                    A Cheque made payable to the Minister for Agriculture, Fisheries and Food.
                     This must be lodged in advance and available in the Department’s bank account
                     prior to the deadline.

Please note:

         All tenderer’s must take into account any possible bank charges when forwarding
          payment of tendering securities.
         The responsibility for ensuring that the guarantee is in place prior to the deadline lies
          with the tenderer.
         Original Bank Guarantees and Bank Drafts must be received prior to the deadline. They
          may be delivered to the Office at Johnstown Castle, Wexford or Agriculture House,
          Kildare Street Dublin (marked for the attention of Joe Williams) or any other
          Department of Agriculture office in Ireland.

Format of tenders

               The tender application form will be enclosed with the stock list on which purchasers
               must indicate the following:

                        Name and address of tenderer and VAT registration number
                        Quantity tendered for (minimum 10 tonnes, however if the quantity available
                         in a store is less than 10 tonnes the lesser quantity may be sold.
                        The price in Euro tendered per 100 kilograms rounded to no more than two
                         decimal places, exclusive of VAT, delivery to the loading-bay of the cold
                         store or purchase of the pallet.
                        A reference to the Regulation opening the sale and the expiry date for the
                         submission of tenders
                        An indication of the storage place where the product is held together with a
                         substitute storage place.
                        Proof that the security has been lodged.
                        The tender application does not contain any additional conditions introduced
                         by the tenderer other than those laid down in Regulations 1272/2009 and

                    Please indicate on the fax cover sheet the number of tenders
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                    Tenders may not be withdrawn after the closing date and the rights and
                    obligations resulting from the tendering procedure shall not be transferable.

                    Following adjudication, the Intervention Agency shall inform the tenderers of the
                    outcome of their participation in the invitation to tender within 3 working days
                    after entry into force of the Commissions decision by issuing a contract and
                    invoice. Securities lodged for unsuccessful tenders shall be released immediately.

                    Award of Contract

     Before removing the SMP and within 30 days of the closing date following notification to
     the tenderers of the outcome of their participation in the tendering procedure, successful
     tenderers shall pay the intervention agency the amount corresponding to their tender for each
     quantity that they wish to withdraw. When payment is received the purchaser will be issued
     with a Removal Warrant, authorising the removal from store of the quantity for which
     payments have been made. Payment may be made by the following methods:

              A bank draft made out in favour of the “The Minister for Agriculture, Fisheries and
               Food ” or

              Electronic Funds Transfer (EFT) – See protocol above

     The contract of sale will be terminated and security forfeited in respect of any quantities for
     which payment and/or notification of lodgement of processing security in member state of
     processing has not been received by the Intervention Agency.

     This Notice does not purport to be a legal interpretation of the Regulations (and conditions)
     governing this sale. Traders should read this notice in conjunction with the relevant
     regulations. Traders have full responsibility for familiarising themselves with, and for
     complying with, any regulatory requirements (including amendments from time to time) in
     force in relation to this scheme. Any advice and guidance offered by the Department either
     by way of this notice or otherwise does not alter or affect that responsibility. While care has
     been taken to ensure as far as possible that the information offered in this notice is accurate,
     no legal responsibility is accepted by the Department for any errors or omissions therein.
     While every reasonable effort shall be made to ensure that all eligible applications received
     by the Department are transmitted within the stated time by the Department, to the relevant
     EU authority for approval under the relevant EU legislation, the Department shall have no
     liability whatsoever for any commercial, or other financial losses incurred, or suffered by
     the applicant in respect of any failure, or omission on its part to transmit a tender
     application to the relevant EU authority within the designated time frame for whatever

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                    Guarantees must be on headed paper of the Guarantor

Address to:         Minister for Agriculture, Fisheries and Food, Johnstown Castle Estate,
                    Co. Wexford.

We (name and full address of guarantors) hereby engage ourselves to be principal debtors to
you jointly and severally with the (name and full address of applicants), (hereinafter called
the applicant), for every sum which the applicant shall become liable to pay to you pursuant to
security in respect of the purchase of SMP from Intervention by the applicants, entered into by
him/them on or after the date of this guarantee under Commission Regulation 1272/2009 of the
European Community, together with surcharges where any obligations pertaining to such
security are not fulfilled.

Our liability under this guarantee shall not exceed in aggregate the sum of EUR          , but
within that limit is a guarantee for the whole of each and every sum in which the applicant shall
become liable as aforesaid. We undertake jointly and severally with the applicant to pay, within
30 days of demand by Minister for Agriculture, Fisheries & Food any sum within the limit of
this guarantee, due once the security is declared forfeit. The guarantee is valid until all
obligations arising thereunder have been discharged to the satisfaction of the Minister for
Agriculture, Fisheries & Food.

We agree that whether or not such notice is sent through the post, it shall not be deemed to have
been delivered unless actually received in your office.

SIGNATURE: __________________                                    SIGNATURE: ____________________

POSITION 1: ____________________________                         POSITION 1         :_______________________________

Date: _____________                                              Date: ________________________

1.        The Guarantee must be signed by at least two signatories authorised to sign such financial documents on behalf
          of the Credit Institution.

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                                       COMMISSION REGULATION NO.1272/2009 & 54/2011



1.          NAME OF PURCHASER:                _______________________________________________________________

            ADDRESS:                          _______________________________________________________________

            TELEPHONE NO:                     _______________________________________________________________

            FAX NO:                           _______________________________________________________________

            VAT NO:                           _______________________________________________________________

            EXPIRY DATE OF TENDER: ________________________

2.        I/We apply to purchase Skimmed Powder in the quantities and at the prices stated under
                                                                     Quantity (Kgs)                                   EURO price per 100
     NAME AND ADDRESS OF STORE                                                                                        Kgs


N.B.        Please note that where purchasers at section 2 list specific stores, the Department will allocate stocks to successful purchasers from
            those stores in order of Date of Entry into Intervention. If sufficient quantities are not available in those stores to meet the quantity
            requested, the department in consultation with the purchasers will select other stores. If the purchasers have no preference as to the
            stores from which stocks will be awarded, they should specify “all stores” at section 2 in which case the department will allocate stocks
            in order of date of entry into Intervention.

3.          I/We have provided proof that the tendering security of €200 per TONNE to the value of EUROS ______        has
            been lodged with Irish Intervention Agency before the closing date for submission of tenders
                                                                                                     (TICK AS APPROPRIATE)


            I/We declare that the tendering security of EURO ________________ may be deducted from the balance available on
            our block guarantee.
                                                                                                (TICK AS APPROPRIATE)

4.          I/We declare that, I/We have read and accept the provisions of Regulation No. 1272/2009 and that this application is
            submitted in accordance with, and in acceptance of its provisions.

Signed:                __________________________________________________

Position:              __________________________________________________

Organisation:          __________________________________________________

Date:                  __________________________________________________

D&C/SMP/Sales/Invitation to Tender 1272

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