Commission Regulation (EC) No 1059/2007 of 14 September 2007 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, Ireland, Spain, Italy, Hungary, Slovakia and Sweden
Date: 2007-09-14
Institutions: European Commission
Subjects: EU Member State, EU market, award of contract, intervention agency, sale, sugar

15.9.2007

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Official Journal of the European Union

L 242/3

COMMISSION REGULATION (EC) No 1059/2007

of 14 September 2007

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, Ireland, Spain, Italy, Hungary, Slovakia
and Sweden

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 318/2006 of 20
February 2006 on the common organisation of the markets in
the sugar sector (1), and in particular Article 40(2)(d) thereof,

Whereas:

(1)

(2)

(3)

(4)

Article 39(1) of Commission Regulation (EC) No
952/2006 of 29 June 2006 laying down detailed rules
the application of Council Regulation (EC) No
for
the
318/2006
Community market in sugar and the quota system (2)
provides that the intervention agencies may sell sugar
only after a decision to that effect has been adopted by
the Commission.

the management

regards

of

as

Such a decision was taken by Commission Regulation
(EC) No 1039/2006 of 7 July 2006 opening a standing
invitation to tender for the resale on the Community
market of sugar held by the intervention agencies of
Belgium,
Italy,
Hungary, Poland, Slovenia, Slovakia and Sweden (3).
Under that Regulation, tenders may be submitted for
the last time between 13 and 26 September 2007.

the Czech Republic, Spain,

Ireland,

to exist

It is foreseeable that intervention stocks of sugar will
the Member States
in most of
continue
concerned after expiry of that last possibility to submit
tenders. In order to respond to the continued market
is therefore appropriate to open a further
needs,
standing invitation to tender
to make these stocks
available on the internal market.

it

To allow comparison of
tender prices for sugar of
different qualities, the tender price should refer to sugar
of the standard quality as defined in Annex I to Regu-
lation (EC) No 318/2006.

(1) OJ L 58, 28.2.2006, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 247/2007 (OJ L 69, 9.3.2007,
p. 3).

(2) OJ L 178, 1.7.2006, p. 39. Regulation as amended by Regulation

(EC) No 551/2007 (OJ L 131, 23.5.2007, p. 7).

(5)

(6)

(7)

(8)

(9)

(10)

Pursuant
to Article 42(2)(c) of Regulation (EC) No
952/2006, it is appropriate to fix a minimum quantity
per tenderer or per lot.

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.

The minimum selling price refers to sugar of the standard
quality. Provision should be made to adjust the selling
price.

intervention agencies of Belgium,

the Czech
The
Italy, Hungary, Slovakia and
Republic,
Sweden should communicate
to the
Commission. The tenderers should remain anonymous.

Ireland, Spain,

tenders

the

In order to ensure proper management of sugar in
storage, provision should be made for a communication
from the Member States on the quantities actually sold.

The second paragraph of Article 59 of Regulation (EC)
No 952/2006 provides that Commission Regulation (EC)
No 1262/2001 (4) continues to apply to sugar accepted
into intervention before 10 February 2006. However, for
the resale of intervention sugar, this distinction is unne-
cessary and its implementation would create adminis-
trative difficulties for the Member States. It is therefore
appropriate to exclude the application of Regulation (EC)
No 1262/2001 to the resale of intervention sugar.

(11)

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 intervention agencies of Belgium,
the Czech Republic,
Ireland, Spain, Italy, Hungary, Slovakia and Sweden shall offer
for sale by standing invitation to tender on the Community
internal market a maximum total quantity of 601 981 tonnes
of sugar accepted into intervention and available for sale on the
internal market.

(3) OJ L 187, 8.7.2006, p. 3. Regulation as amended by Regulation (EC)

(4) OJ L 178, 30.6.2001, p. 48. Regulation repealed by Regulation (EC)

No 1555/2006 (OJ L 288, 19.10.2006, p. 3).

No 952/2006.

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The maximum quantities involved per Member State are set out
in Annex I.

expiry of
Article 2(1).

the deadline for

the submissions laid down in

Article 2

The tenderers shall not be identified.

1.
The period during which tenders may be submitted in
response to the first partial invitation to tender shall begin on
1 October 2007 and shall end on 10 October 2007 at 15.00,
Brussels time.

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

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 on:

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

— 24 October 2007,

— 7 and 21 November 2007,

— 5 and 19 December 2007,

— 9 and 30 January 2008,

— 13 and 27 February 2008,

— 12 and 26 March 2008,

— 9 and 23 April 2008,

— 7 and 28 May 2008,

— 11 and 25 June 2008,

— 9 and 23 July 2008,

— 6 and 27 August 2008,

— 10 and 24 September 2008.

2.
The tender price shall refer to white sugar and raw sugar
of the standard quality as defined in Annex I to Regulation (EC)
No 318/2006.

3.
The minimum quantity of the tender per lot in accordance
with article 42(2)(c) of Regulation (EC) No 952/2006 shall be
250 tonnes unless the available quantity for that lot is less than
In such cases the available quantity must be
250 tonnes.
tendered.

Tenders shall be lodged with the intervention agency

4.
holding the sugar as set out in Annex I.

Article 4

The Commission shall fix per Member State concerned the
1.
minimum sale price or decide not to accept the tenders in
accordance with the procedure referred to in Article 39(2) of
Regulation (EC) No 318/2006.

For

intervention sugar which is not of

the standard
2.
quality, Member States shall adjust
the actual sale price by
way of application mutatis mutandis of, respectively, Article
32(6) and Article 33 of Regulation (EC) No 952/2006.

3. Where an award at a minimum price set pursuant to
paragraph 1 would result
in the available quantity for the
Member State concerned 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:

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

the total quantities in each of their tenders; or

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

(c) by drawing of lots.

On the

fifth working day at

latest
the
after
4.
the
the intervention
Commission fixes the minimum sale price,
in
agencies involved shall communicate to the Commission,
the form laid down in Annex III, the quantity actually sold
by partial invitation to tender.

Article 5

Article 3

The intervention agencies concerned shall communicate to the
Commission tenders submitted within two hours after the

By way of derogation from the second paragraph of Article 59
of Regulation (EC) No 952/2006, that Regulation shall apply to
the resale, as referred to in Article 1 of this Regulation, of sugar
accepted into intervention before 10 February 2006.

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

Article 6

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

Done at Brussels, 14 September 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

Member States holding intervention sugar

Member State

Intervention agency

Quantities held by the
intervention agency and
available for the sale on the
internal market
(in tonnes)

Belgium

Czech Republic

Ireland

Spain

Italy

Hungary

Slovakia

Sweden

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

Státní zemědělský intervenční fond
Oddělení pro cukr a škrob
Ve Smečkách 33
CZ-110 00 PRAHA 1
Tel.: (420) 222 87 14 27
Fax: (420) 222 87 18 75

Intervention Section
on Farm Investment
Subsidies and storage Division
Department of Agriculture & Food
Johnstown Castle Estate
Wexford
Tel. (00 353) 536 34 37
Fax (00 353) 914 28 43

Fondo Español de Garantia Agraria
C/Beneficencia, 8
E-28004 Madrid
Tel. (34) 913 47 64 66
Fax (34) 913 47 63 97

AGEA — Agenzia per le erogazioni in agricoltura
Ufficio ammassi pubblici e privati e alcool
Via Torino, 45
I-00185 Roma
Tel. (39) 06 49 49 95 58
Fax (39) 06 49 49 97 61

Mezőgazdasági és Vidékfejlesztési Hivatal
Soroksári út 22–24.
H-1095 Budapest
Tel.: (36-1) 219 45 76
Fax: (36-1) 219 89 05 vagy (36-1) 219 62 59

Pôdohospodárska platobná agentúra
Oddelenie cukru a ostatných komodít
Dobrovičova 12
815 26 Bratislava
Slovenská republika
Tel.: (421-2) 58 24 32 55
Fax: (421-2) 53 41 26 65

Statens jordbruksverk
Vallgatan 8
S-551 82 Jönköping
Tfn (46-36) 15 50 00
Fax (46-36) 19 05 46

21 409

30 754

12 000

24 084

322 915

100 462

34 000

56 357

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ANNEX II

Model for the communication to the Commission as referred to in Article 3

Form (*)
Partial invitation to tender of … for the resale of sugar held by the intervention agencies

Regulation (EC) No 1059/2007

1

2

3

Member State selling
intervention sugar

Numbering of tenderers

Lot No

4

Quantity
(tonnes)

5

Tender price
EUR/100 kg

1

2

3

etc.

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

ANNEX III

Model for the notification to the Commission as referred to in Article 4(4)

Form (*)
Partial invitation to tender of … for the resale of sugar held by the intervention agencies

Regulation (EC) No 1059/2007

1

Member State selling intervention sugar

2

Quantity actually sold
(in tonnes)

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