Commission Regulation (EC) No 1649/2005 of 10 October 2005 opening a standing invitation to tender for the resale on the Community market of white sugar held by the Polish intervention agency
Date: 2005-10-10
Institutions: European Commission
Subjects: Poland, award of contract, intervention agency, sale, single market, white sugar

L 266/20

EN

Official Journal of the European Union

11.10.2005

COMMISSION REGULATION (EC) No 1649/2005

of 10 October 2005

opening a standing invitation to tender for the resale on the Community market of white sugar held
by the Polish 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 market in the
sugar sector (1), and in particular Article 9(3) thereof,

Whereas:

Poland 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 between
1 April 2005 and 30 June 2005, by the Polish inter-
vention 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

By way of derogation from Article 22(2) and (3) of Regu-
2.
lation (EC) No 1262/2001, the Polish 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

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

1.
The period during which tenders may be submitted in
response to the first partial invitation to tender shall begin on
20 October 2005 and shall end on 26 October 2005 at 15.00,
Brussels time.

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

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:

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

— on 9 and 23 November 2005,

(1)

(2)

(3)

(4)

(5)

HAS ADOPTED THIS REGULATION:

— on 7 and 21 December 2005.

Article 1

The Polish intervention agency shall offer for sale by standing
invitation to tender on the Community internal market a total
quantity of 17 000 tonnes of white sugar accepted into inter-
vention between 1 April 2005 and 30 June 2005 and held by
it.

(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 as amended by Regulation

(EC) 1498/2005 (OJ L 240, 16.9.2005, p. 39).

Tenders shall be lodged with the Polish intervention

2.
agency:

Agencja Rynku Rolnego
Biuro Cukru
Dział Dopłat i Interwencji
Nowy Świat 6/12
00-400 Warszawa
Tel.
(48) 22 661 71 30
Fax (48) 22 661 72 77.

11.10.2005

EN

Official Journal of the European Union

L 266/21

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
white sugar shall be lodged by each tenderer.

Article 6

The Polish 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

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:

The tenderers shall not be identified.

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

the total quantities in each of their tenders; or

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

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

Article 7

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.

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

(c) by drawing of lots.

Article 8

This Regulation shall enter into force on the third day following
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, 10 October 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

L 266/22

EN

Official Journal of the European Union

11.10.2005

Standing invitation to tender for the resale of 17 000 tonnes of white sugar held by the Polish intervention
agency

ANNEX

Form (*)

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

(Regulation (EC) No 1649/2005)

1

2

3

Numbering of tenderers

Lot No

Quantity (t)

4

Tender price
EUR/100 kg

1

2

3

etc.

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