# Commission Regulation (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder, Article 32

Extent: E+W+S+N.I.

1. The intervention agency shall make the award in accordance with the rules laid down in paragraphs 2 to 5.
2. The skimmed-milk powder shall be allocated on the basis of its date of entry into storage, starting with the oldest product of the total quantity available in the warehouse(s) designated by the tenderer.
3. Without prejudice to Article 31, the successful tenderer shall be the tenderer offering the highest price. If the full quantity available is not allocated, the remainder shall be awarded to the other tenderers on the basis of the prices tendered, starting with the highest price.
4. Where acceptance of a tender would result in contracts being awarded in excess of the quantity of skimmed-milk powder available in a particular warehouse, only the quantity available shall be awarded to the tenderer in question.
However, the intervention agency may designate other warehouses to make up the quantity set out in the tender, provided the tenderer agrees.
5. Where acceptance of two or more tenders offering the same price for skimmed-milk powder in a particular warehouse would lead to contracts being awarded in excess of the quantity available, the award shall be made by allocating the quantity available in proportion to the quantities tendered for.
However, should such allocation lead to the award of quantities of less than five tonnes, the award shall be made by drawing lots.

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Source: https://www.legislation.gov.uk/eur/1999/2799/article/32 (the official version)
Page: https://openlegislation.uk/eu-regulation-1999-2799/article-32
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.