Article 12
1. For the security referred to in Article 6 (1) (f), the primary requirements within the meaning of Article 20 of Regulation (EEC) No 2220/85 are the following: (a) a requirement not to withdraw the tender; (b) the lodging of the supply security referred to in paragraph 2 in accordance with the terms laid down in Article 8; (c) additionally, for a tender such as referred to in Article 2 (2), the physical removal from the intervention stores of the quantities awarded. After the expiry of the time limit allowed for the removal, for those quantities which have not yet been removed, the security will be forfeited in accordance with Article 23 (2) of Regulation (EEC) No 2220/85, and the right to removal will be lost. 2. For the security referred to in Article 8, the primary requirements within the meaning of Article 20 of Regulation (EEC) No 2220/85 shall be the following: (a) the supply of the full quantity of the product of a quality substantially unchanged as compared with: - that at the time of removal from the intervention store (supply as provided for in Article 2 (1) (a)), - that recorded in the certificate of conformity (supply as provided for in Article 2 (1) (b)), - the quality specified in the notice of invitation to tender (supply as provided for in Article 2 (2)). (b) where applicable, under the conditions laid down in Article 10 (5), the payment of unloading, transport and other connected costs to the Georgian authorities. 3. The security referred to in paragraph 1 shall be released: - if the offer is not accepted, - for a tender as provided for in Article 2 (1) (a) or (b), upon presentation of the security referred to in Article 8, - for a tender as provided for in Article 2 (2), upon presentation of the certificate of removal issued by the intervention agency for the totality of the quantities awarded. 4. The security referred to in paragraph 2 shall be released when the successful tenderer provides proof of compliance with his obligations: (a) for a tender as provided for in Article 2 (1) (a) or (b), by presenting the documents referred to in Article 10 (1) (a) or (b) as appropriate. It shall be forfeited: - pro rata for the quantities in respect of which the proof has not been supplied, - where applicable, up to the amounts which have not been paid to the Georgian authorities. (b) for a tender as provided for in Article 2 (2), upon presentation of: - a certificate of conformity supplied at the time of loading on the means of transport under the responsibility of the agency or company authorised for this purpose, - the export licence referred to in Article 14, - the single administrative documents referred to in Article 14, - the certificate of analysis supplied by the agency or company authorised for this purpose in accordance with the provisions of Article 11 (1). It shall be forfeited: - for quantities which do not conform, - for quantities lost as a result of packaging which is inappropriate for the type of transport foreseen, - up to an amount of one ECU per tonne per day for the quantities not loaded, when the loading rate stipulated by the invitation to tender has not been respected. 5. When delays occur in the take over by the transporter or in the delivery by the transporter or producer, the security referred to in Article 8 is forfeited, in respect of those quantities not taken over within the time limits or delivered outside of the time limits, up to the amount of ECU 0,75 per tonne per day. With effect from the eleventh day the amount forfeited shall be increased to ECU 1,00 per tonne per day. These provisions shall apply where the delay in the take over or the delivery is attributable to the successful tenderer. 6. For a tender as provided for in Article 2 (1) (a) or (b), the security referred to in Article 8 may be released in accordance with the conditions laid down in the notice of invitation to tender or in instalments of 20 %, each time proof is presented that 20 % of a lot has been delivered in accordance with the conditions laid down in the tender regulation, in the same condition as that in which they were taken over at the intervention store or at the take over stage fixed in the invitation to tender.