Article 12
For the purposes of this Regulation, 'primary requirement' within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (1), as amended by Regulation (EEC) No 1181/87 (2): (a) maintenance of the tender and removal of the goods as regards the security provided for in point (b) for the second subparagraph of Article 5; (b) actual delivery of the lots awarded up to the supply stage without any significant change in quality compared with that applying at the time of removal from the intervention store as regards the security provided for in Article 9 (2). 2. The security provided for in point (b) of the second paragraph of Article 5 shall be released when: - the tender has been rejected; - the goods have been removed. 3. The security provided for in Article 9 (2) shall be released when the successful tenderer has presented the taking-over certificate provided for in Article 10 (3) and when evidence has been provided that the quality of the goods supplied to the Polish authorities is not significantly different from that applying when they were removed. That evidence shall be provided by an analysis for the sampled taken for the purpose. 4. When the successful tenderer has provided the taking-over certificate and on presentation of the document relating to transport, the supply costs shall be reimbursed to him.