4. 5. 91 Official Journal of the European Communities No L 112/65 COMMISSION REGULATION (EEC) No 1158/91 of 3 May 1991 on the buying in by tender of skimmed-milk powder 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 3641/90 (3, 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 last amended by Regulation (EEC) No 3577/90 (), lays down the criteria on which basis, until the end of the eighth 12-month " period of application of the additional levy provided for in Article Sc of Regulation (EEC) No 804/68, buying in of skimmed-milk powder 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 consequently be laid down; Whereas Council Regulation (EEC) No 1014/68 (%), as last amended by Regulation (EEC) No 3577/90, and Commis- sion Regulation (EEC) No 625/78 (¢), as last amended by Regulation (EEC) No 890/91 (), lay down the general rules and the detailed rules for the buying in of skim-, med-milk powder by the intervention agencies ; whereas most of those provisions may be applied within the framework of this Regulation and in particular those concerning the quality of the skimmed-milk powder which may be offered for intervention, packing and pack- aging ; whereas it is appropriate, however, to adapt some of these provisions to the tender procedure for purchases ; whereas, for this reason, the provision concerning the age of the skimmed-milk powder being offered should be adapted ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, () OJ No L 148, 28. 6. 1968, p. 13 () OJ No L 362, 27. 12. 1990, p. § () OJ No L 78, 20. 3. 1987, p. 10. (9 OJ No L 353, 17. 12. 1990, p. 23. () OJ No L 173, 22. 7. 1968, p. 4. () OF No L 84, 31. 3. 1978, p. 19. () OJ No L 90, 11. 4. 1991, p. 21. 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 published in the Official jJournal of the European 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. Skimmed-milk powder bought in must be skimmed-milk powder meeting the conditions set out in Article 1 (1) (a) (b), (c) and (e) of Regulation (EEC) No 625/78. Article 2 The deadline for the submission of tenders for each invi- tation to tender shall expire at 12 noon on each second and fourth Tuesday of the month. 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 skimmed-milk powder manufactured in the 21 days preceding the final date for the submis- sion of tenders ; in the case provided for in Annex III {fy second subparagraph of Regulation (EEC) No 625/78, this period is fixed at three weeks, — if they undertake in writing to comply with Article 2 (6) of Regulation (EEC) No 625/78. 2. Interested parties shall participate in the invitation 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: (a) the name and address of the tenderer; (b) the quantity offered and the production process used (spray or roller); (c) the price tendered per 100 kilograms of skimmed- milk powder, not including domestic taxes, delivered to storage depot, expressed in ecus, with no more than two decimals; (d) the place where the skimmed-milk powder is stored.