6. 6. 87 Official Journal of the European Communities No L 146/27 COMMISSION REGULATION (EEC) No 1589/87 of 5 June 1987 on the sale ‘by tender of butter to intervention agencies -, ) . 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 773/87 (%, and in particular the first subparagraph of Article 7a (1) and Article 7a (3) thereof, Whereas Council Regulation (EEC) No 777/87 of 16 March 1987 modifying the intervention arrangements for butter and skimmed-milk powder (}), as amended by Regulaton (EEC) No 1547/87 (%), lays down the ctiteria on which basis, until the end of the fifth twelve-month period of application of the additional levy provided for in Article Sc of Regulation (EEC) No 804/68, buying in of butter by intervention agencies may be suspended; whereas Article 1 (3) (a) of that Regulation provides that where buying in is suspended throughout the Community or in part thereof, buying in may be carried out under a standing invitation to tender; whereas the rules for the application of the tendering procedure should conse- quently be laid down; : Whereas Council Regulation (EEC) No 985/68 (%), as last amended by Regulation (EEC) No 3790/85(%), and Commission Regulation No 685/69 (°), as last amended by Regulation (EEC) No 3669/86 (®), lay down the general rules and the detailed rules for the buying-in of butter by the intervention agencies; whereas most of those provi- sions may be applied within the framework of this Regu- lation and in particular those concerning the quality of the butter which may be offered for intervention, packing and packaging ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, HAS ADOPTED THIS REGULATION : Article 1 Where it is decided to issue a standing invitation to tender as provided for in Article 1 (3) (a) of Regulation (EEC) No 777/87, a notice of invitation to tender shall be () OJ No L 148, 28. 6. 1968, p. 13. () OJ No L 78, 20. 3. 1987, p. 1. () O] No L 78, 20. 3. 1987, p. 10. () O No L 144, 4. 6. 1987, p. 12. ) OJ No L 169, 18. 7. 1968, p. 1. (9 OJ No L 367, 31. 12. 1985, p. 5. () OJ No L 90, 15. 4. 1969, p. 12. () OJ No L 339, 2. 12. 1986, p. 16. published in the Official Journal of the Eu}opean Communities in the Annex to the Regulation issuing the standing invitation to tender, not later than six days before the expiry of the first deadline for the submission - of tenders. Butter bought in must be fresh butter meeting the defini- tion and the classification set out in Article 1 (3) of Regu- lation (EEC) No 985/68, put up in packs of 25 kilograms net, having satisfied quality control on the basis of a sample taken and meeting, as regards packaging, the conditions set out in Article § (3) and (4) of Regulation (EEC) No_ 685/69. Articles 3 and 6 Regulation (EEC) No 685/69 shall apply. Article 2 During the period of validity of the standing invitation to tender, the deadline for the submission of tenders for each invitation to tender shall expire at 12 noon on each second and fourth Tuesday of the month, with the excep- tion of the fourth Tuesday of the month of December. If the Tuesday is a public holiday, the deadline shall be extended to 12 noon on the first working day thereafter. Article 3 1. Tenderers may take part in the invitation to tenders only : — in respect of butter manufactured in the 21 days preceding the final date for the submission of tenders, — if they undertake in writing to comply with Article 6 of Regulation (EEC) No 685/69. 2. Interested parties shall participate in the invitation to tender issued by the intervention agency of the Member State on whose territory the butter as referred to in the second subparagraph of Article 1 was produced, either by lodging a written tender against a receipt or by any other written means of communication with advice of - receipt. 3. Tenders shall specify: (@) the name and address of the tenderer; (b) the quantity offered and the minimum fat content of the butter; ' (c) the price tendered per 100 kilograms of butter, not including domestic taxes, ex-cold storage depot, expressed in the currency of the Member State in which the invitation to tender is issued ; (d) the cold storage depots where the butter is held.