Commission Regulation (EC) No 1306/2005 of 10 August 2005 opening a standing invitation to tender for the resale on the Community market of white sugar held by the Belgian intervention agency
Date: 2005-08-10
Institutions: European Commission
Subjects: Belgium, award of contract, intervention agency, sale, white sugar

11.8.2005

EN

Official Journal of the European Union

L 208/3

COMMISSION REGULATION (EC) No 1306/2005

of 10 August 2005

opening a standing invitation to tender for the resale on the Community market of white sugar held
by the Belgian intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Article 2

Having regard to the Treaty
Community,

establishing the European

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

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

Whereas:

(1)

(2)

(3)

(4)

(5)

Belgium has intervention stocks of white sugar. In order
to respond to market needs, it is appropriate to make the
stocks of white sugar accepted into intervention before
31 March 2005 by the Belgian intervention agency
available on the internal market.

Commission Regulation (EC) No 1262/2001 of 27 June
2001 laying down detailed rules
implementing
Council Regulation (EC) No 1260/2001 as regards the
buying in and sale of sugar by intervention agencies (2)
should apply to such a sale. It is appropriate to derogate
from that Regulation where necessary and to specify
some specific rules of procedure.

for

the situation on the Community
To take account of
market, provision should be made for the Commission
to fix a minimum selling price for each partial invitation
to tender.

The Belgian intervention agency should communicate the
tenders to the Commission. The tenderers should remain
anonymous.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

The Belgian intervention agency shall offer for sale by standing
invitation to tender on the Community internal market a total
quantity of 52 000 tonnes of white sugar accepted into inter-
vention before 31 March 2005 and held by it.

By way of derogation from Article 22(2) and (3) of Regu-
2.
lation (EC) No 1262/2001, the Belgian intervention agency 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,
tation to tender.

in particular, the terms of the invi-

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
19 August 2005 and shall end on 25 August 2005 at 9.00,
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 9.00, Brussels time:

— on 8, 15, 22 and 29 September 2005,
— on 6, 13, 20 and 27 October 2005.

Tenders shall be lodged with the Belgian intervention

2.
agency:
Bureau d’intervention et de restitution belge
Rue de Trèves 82
B-1040 Bruxelles
Tel. (32-2) 287 24 11
Fax (32-2) 287 25 24

Article 5

(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.

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
white sugar shall be lodged by each tenderer.

L 208/4

EN

Official Journal of the European Union

11.8.2005

Article 6

The Belgian intervention agency shall communicate to the
Commission tenders submitted within two hours from the
expiry of
laid down in
Article 4(1).

the deadline for

the submissions

The tenderers shall not be identified.

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

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

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

(a) by division among the tenderers concerned in proportion of

the total quantities in each of their tenders; or

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

(b) by apportionment among the tenderers concerned by
reference to a maximum tonnage fixed for each of them; or

Article 7

(c) by drawing of lots.

Article 8

The Commission shall
to accept

fix the minimum sale price or
1.
decide not
the tenders in accordance with the
procedure referred to in Article 42(2) of Regulation (EC) No
1260/2001.

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 10 August 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

11.8.2005

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Official Journal of the European Union

L 208/5

ANNEX

Standing invitation to tender for the resale of 52 000 tonnes of white sugar held by the Belgian intervention
agency

Form (*)

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

(Regulation (EC) No 1306/2005)

1

2

Numbering of tenderers

Lot No

3

Quantity
(t)

4

Tender price
EUR/100 kg

1

2

3

etc.

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