No L 320/16 Official Journal of the European Communities 22. 11. 91 COMMISSION REGULATION (EEC) No 3398/91 of 20 November 1991 on the sale by invitation to tender of skimmed-milk powder for the manufacture of compound feedingstuffs and amending Regulation (EEC) No 569/88 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (*), as last amended by Regula- tion (EEC) No 1630/91 (%), and in particular Articles 7 (5) and 28 thereof, Whereas Council Regulation (EEC) No 1014/68 of 20 July 1968 laying down general rules for the public storage of skimmed-milk powder (%), as last amended by Regula- tion (EEC) No 3577/90 (), sets the resale requirements for skimmed-milk powder held by intervention agencies; whereas there is now a possibility of disposing of skim- med-milk powder from public stocks, owing to a fall in the quantities available on the market, in particular for use in the manufacture of compound feedingstuffs for calves ; whereas supplies should therefore be provided for this purpose by sales of skimmed-milk powder from public stocks ; Whereas Commission Regulation (EEC) No 1725/79 of 26 July 1979 on the rules for granting aid to skimmed milk processed into compound feedingstuffs and skim- med-milk powder intended for feed for calves (), as last amended by Regulation (EEC) No 3480/90 (), should be referred to in connection with the use to which skimmed milk must be put; i Whereas in order to ensure equality of access for all potential purchasers, to arrive at a selling price reflecting market conditions and to provide for effective verification of the quantities sold, a standing invitation to tender should be organized ; Whereas Commission Regulation (EEC) No 569/88 of 16 February 1988 laying down common detailed rules for verifying the use and/or destination of products from intervention (), as last amended by Regulation (EEC) No 3380/91 (*) will be applicable ; whereas an addition must therefore be made to its Annex; () OJ No L 148, 28. 6. 1968, p. 13. () OJ No L 150, 15. 6. 1991, p. 19. () O No L 173, 22. 7. 1968, p. 4. (9 OJ No L 353, 17. 12. 1990, p. 23. ()-0) No L 199, 7. 8. 1979, p. 1. (9 O] No L 336, 1. 12. 1990, p. 68. L L () OJ No 55, 1. 3. 1988, p. 1. (®) OJ No 319, 21. 11. 1991, p. 48. Whereas the measures provided for in this Regulation are in accordance with the opinion of Management Committee for Milk and Milk Products, HAS ADOPTED THIS REGULATION : Article 1 Skimmed-milk powder bought in pursuant to Article 7 (1) of Regulation (EEC) No 804/68 and taken into storage before a date to be determined shall be sold under the terms laid down herein. Article 2 The skimmed-milk powdér shall be sold by means of a standing invitation to tender organized by each interven- tion agency. Article 3 Tenders shall not be valid unless the tenderer makes a written undertaking to: ' (a) denature the powder or have it denatured or process the powder or have it processed into compound feedingstuffs in accordance with Article 2 or 4 of Regulation (EEC) No 1725/79, within 60 days of the closing date for the submission of tenders in response to each round of the invitation to tender, as specified - in Article 4 (3) of this Regulation ; (b) apply or have an application made for the aid granted pursuant to Regulation (EEC) No 1725/79 and observe the provisions of that Regulation or ensure that they are observed. Article 4 1. A standing invitation to tender shall be published in the Official Journal of the European Communities at least eight days before the first closing date laid down for the submission of tenders.