----

            COMMISSION REGULATION (EC) No 22/2006

of 9 January 2006         

opening a standing invitation to tender for the resale on the Community market of sugar held by the intervention agencies of Belgium, the Czech Republic, Spain, France, Ireland, Italy, Hungary, Poland, Slovakia and Sweden

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in the sugar sector (1), and in particular Article 9(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The intervention agencies of Belgium, the Czech Republic, Spain, France, Ireland, Italy, Hungary, Poland, Slovakia and Sweden shall offer for sale by standing invitation to tender on the Community internal market a total quantity of 1 009 124 tonnes of sugar accepted into intervention and available for sale on the internal market. The Member States concerned and the quantities involved are laid down in Annex I.

Article 2

1.   The tenders and the sales provided for in Article 1 shall take place in accordance with Regulation (EC) No 1262/2001, except as otherwise provided by this Regulation.

2.   By way of derogation from Article 22(2) and (3) of Regulation (EC) No 1262/2001, each intervention agency concerned shall draw up a notice of invitation to tender and publish it at least eight days before the beginning of the period for the submission of tenders.

The notice shall indicate, in particular, the terms of the invitation to tender.

The notice, and all changes to it, shall be forwarded to the Commission before publication.

Article 3

The minimum bid for each partial invitation to tender shall be 250 tonnes.

Article 4

1.   The period during which tenders may be submitted in response to the first partial invitation to tender shall begin on 26 January 2006 and shall end on 1 February 2006 at 15.00, Brussels time.

The periods during which tenders may be submitted in response to the second and subsequent partial invitations shall begin on the first working day following the end of the preceding period. They shall end at 15.00, Brussels time:

2.   Tenders shall be lodged with the intervention agency holding the sugar as laid down in Annex I.

Article 5

By way of derogation from Article 28(1)(a) of Regulation (EC) No 1262/2001, a tendering security of EUR 20 per 100 kg of sugar shall be lodged by each tenderer.

Article 6

The intervention agencies concerned shall communicate to the Commission tenders submitted within two hours from the expiry of the deadline for the submissions laid down in Article 4(1).

The tenderers shall not be identified.

Tenders submitted shall be communicated in electronic form according to be the model laid down in the Annex II.

When no tenders are submitted, the Member State shall communicate this to the Commission within the same time limit.

Article 7

1.   The Commission shall fix per Member State concerned the minimum sale price or decide not to accept the tenders in accordance with the procedure referred to in Article 42(2) of Regulation (EC) No 1260/2001.

2.   Where an award at a minimum price set pursuant to paragraph 1 would result in the available quantity for that Member State being exceeded, that award shall be limited to such quantity as is still available.

Where awards for a Member State to all tenderers offering the same price would result in the quantity for that Member State being exceeded, then the quantity available shall be awarded as follows:

Article 8

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 January 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2)OJ L 178, 30.6.2001, p. 48. Regulation amended by Regulation (EC) No 1498/2005 (OJ L 240, 16.9.2005, p. 39).

----

ANNEX I

Member States holding intervention sugar

----

ANNEX II

Standing invitation to tender for the resale of sugar held by the intervention agencies

Form (*1)

Model for the communication to the Commission as referred to in Article 6

(Regulation (EC) No 22/2006)

----

(*1)  To be faxed to the following number: (32-2) 292 10 34.

----