Article 22
United Kingdom
The guarantees lodged pursuant to Article 8, Article 10 (2) and Article 18 (5) shall either be released or be forfeit, as appropriate, in accordance with the provisions laid down in paragraphs 2 to 8.
The tender guarantee shall be released:
by a letter or written telecommunication by the Commission where the tender is invalid or has not been accepted or where no contract has been awarded;
where the tenderer, designated as the supplier, has lodged the delivery guarantee or has withdrawn his tender in accordance with Article 9 (4).
The guarantee shall be forfeit if the supplier fails to provide the delivery guarantee within 10 working days following the award of the contract and also if the tenderer withdraws his tender in accordance with Article 7(11).
The delivery guarantee shall be released in full by a letter or written telecommunication by the Commission when the supplier:
has presented the advance guarantee provided for in the third subparagraph of Article 18 (5);
has carried out the supply in compliance with all his obligations;
has been released from his obligations pursuant to Article 12 (4), Article 13 (5), Article 14 (15), Article 15 (10) and the second paragraph of Article 20;
has not carried out the supply for reasons of force majeure recognized by the Commission.
Except in cases of force majeure, the delivery guarantee shall be partially forfeit on a cumulative basis in the following cases, without prejudice to paragraph 8:
10 % of the value of the quantities not delivered, without prejudice to the tolerances referred to in Article 17 (1),
20 % of the total cost of sea transport as specified in the tender where the vessel chartered bv the supplier does not meet the conditions laid down in Article 14 (3);
0,2 % of the value of the quantities supplied after the deadline, per day of delay or, where appropriate, and only if this is specified in the tender notice, 0,1 % per day where they are delivered prematurely.
The amounts shall not be forfeit in accordance with points (a) and (c) if the failures found are not attributable to the supplier.
The guarantee in respect of the advance shall be released in full in the same way as the delivery guarantee in the cases provided for in points (b) and (c) of paragraph 3 of this Article;
It shall be partially forfeit, mutatis mutandis, pursuant to paragraph 4.
The delivery guarantee or guarantee in respect of the advance shall be forfeit in full if the Commission establishes that the supply has not been undertaken pursuant to Article 21.
The delivery guarantee or guarantee in respect of the advance shall be released in proportion to the quantities for which right to payment of the balance has been established. It shall be forfeit for the other quantities.
The Commission shall deduct the amount of the guarantees to be forfeit in accordance with paragraphs 4, 5 and 6 from the final amount to be paid. The delivery guarantee or guarantee in respect of the advance shall then be released simultaneously in full.