Commission Regulation (EC) No 1060/2007 of 14 September 2007 opening a standing invitation to tender for the resale for export 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, award of contract, export, intervention agency, sale, sugar

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Official Journal of the European Union

15.9.2007

COMMISSION REGULATION (EC) No 1060/2007

of 14 September 2007

opening a standing invitation to tender for the resale for export 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,

(4)

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 Articles 40(1)(g) and
40(2)(d) thereof,

Whereas:

(1)

(2)

(3)

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 38/2007 of 17 January 2007 opening a
standing invitation to tender for the resale for export
of sugar held by the intervention agencies of Belgium,
the Czech Republic, Spain,
Italy, Hungary,
Poland, Slovakia and Sweden (3). Under that Regulation,
tenders may be submitted for the last time between 13
and 26 September 2007.

Ireland,

to exist

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

is,

it

(5)

(6)

(7)

(8)

(9)

treatment

Export refunds may be fixed in accordance with Articles
32 and 33 of Regulation (EC) No 318/2006. Community
to certain close destinations and to third
exports
countries granting Community products a preferential
import
in a particularly
favourable competitive position. Therefore, refunds for
exports
should be abolished.
Given the link between the granting of refunds and the
resale for export of sugar held by the intervention
agencies, a resale under this Regulation should neither
be foreseen for export to those destinations.

to those destinations

currently

are

In order to prevent any abuse associated with the re-
import or re-introduction into the Community of sugar
sector products that have qualified for export refunds, no
export refund should be fixed for the countries of the
western Balkans.

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 maximum export refund for each partial
invi-
tation to tender.

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

Pursuant
952/2006,
tenderer
tender.

to Article 42(1)(d) of Regulation (EC) No
the price to be paid by the successful
should be determined by the invitation to

(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).

(3) OJ L 11, 18.1.2007, p. 4. Regulation as amended by Regulation (EC)

203/2007 (OJ L 61, 28.2.2007, p. 3).

(10)

To take account of the different qualities of intervention
sugar, this price should refer to sugar of the standard
quality and provision should be made to adjust this price.

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(11)

to Article 42(2)(e) of Regulation (EC) No
Pursuant
952/2006, it is appropriate to determine the period of
validity of the export licences.

(12)

(13)

(14)

In order to ensure proper management of sugar in
storage, provision should be made for a communication
from the Member States to the Commission on the quan-
tities actually sold and exported.

The second paragraph of Article 59 of Regulation
(EC) No 952/2006 provides that Commission Regulation
(EC) No 1262/2001 (1) continues to apply to sugar
accepted into intervention before 10 February 2006.
However,
this
implementation
distinction is unnecessary
would create administrative difficulties for the Member
States. It is therefore appropriate to exclude the appli-
cation of Regulation (EC) No 1262/2001 to the resale of
intervention sugar pursuant to this Regulation.

intervention sugar,

the resale of

and its

for

The quantities available for a Member State that can be
the maximum
awarded when the Commission fixes
export refund should take into account the quantities
awarded pursuant to 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,
Italy,
Hungary, Slovakia and Sweden (2).

the Czech Republic,

Ireland, Spain,

(15)

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 Czech Republic,
The intervention agencies of Belgium,
Ireland, Spain, Italy, Hungary, Slovakia and Sweden shall offer
for sale by standing invitation to tender for export to all desti-
nations, excluding the destinations listed in the third subpara-
graph, a total quantity of 601 981 tonnes of sugar accepted
into intervention and available for export.

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

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

(EC) No 952/2006.

(2) See page 3 of this Official Journal.

The destinations referred to in the first subparagraph shall be:

(a)

third countries: Andorra, the Holy See (Vatican City State),
Liechtenstein, Albania, Croatia, Bosnia and Herzegovina, the
former Yugoslav Republic of Macedonia, Serbia (3) and
Montenegro;

territory of

(b) territories of EU Member States not forming part of the
customs
the Community: Gibraltar, Ceuta,
Melilla, the Communes of Livigno and Campione d'Italia,
Heligoland, Greenland, Faeroe Islands and the areas of the
Republic of Cyprus
the
in which the Government of
Republic of Cyprus does not exercise effective control.

Article 2

The period during which tenders may be submitted in
1.
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.

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:

— 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.

(3) Including Kosovo, under

the United Nations,
pursuant to UN Security Council Resolution 1244 of 10 June 1999.

the auspices of

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The minimum quantity of the tender per lot in accordance
2.
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
250 tonnes.
In such cases the available quantity must be
tendered.

Tenders shall be lodged with the intervention agency

3.
holding the sugar as set out in Annex I.

Article 3

The intervention agencies concerned shall communicate to the
Commission tenders submitted within two hours after the
expiry of
laid down in
Article 2(1).

the deadline for

the submissions

The tenderers shall not be identified.

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

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

Article 4

1.
The Commission shall fix a maximum export refund for
white sugar and for raw sugar or decide not to accept the
in accordance with the procedure referred to in
tenders
Article 39(2) of Regulation (EC) No 318/2006.

The available quantity for a lot shall be reduced by the
2.
quantities awarded the same day for that lot by Regulation (EC)
No 1059/2007.

Where an award at a maximum export refund set pursuant to
paragraph 1 would result in that reduced available quantity for
a lot being exceeded, that award shall be limited to that reduced
available quantity.

(c) by drawing of lots.

The price to be paid by the successful

3.
in
accordance with article 42(1)(d) of Regulation (EC) No
952/2006 shall be EUR 632 per tonne for white sugar and
EUR 497 per tonne for raw sugar. The prices shall apply to
white sugar and raw sugar of the standard quality described in
Annex I to Regulation (EC) No 318/2006.

tenderer

For intervention sugar which is not of the standard quality,
Member States shall adjust the price by way of application
mutatis mutandis of, respectively, Article 32(6) and Article 33
of Regulation (EC) No 952/2006.

Article 5

Export licence applications and licences shall contain in

1.
Box 20 one of the entries listed in Annex III.

2.
Export licences issued in connection with a partial invi-
tation to tender shall be valid from the day of issue until the
end of the fifth calendar month following that in which the
partial invitation was issued.

Article 6

On the

fifth working day at

1.
the
Commission fixes the maximum export refund, the intervention
agencies involved shall communicate to the Commission, in the
form laid down in Annex IV, the exact quantity sold by partial
invitation to tender.

latest

after

the

Not later than the end of each calendar month in respect
2.
of the preceding calendar month, Member States shall notify to
the Commission the quantities of sugar of the export licences
returned to the competent authorities and the corresponding
quantities of sugar exported, taking account of the tolerances
permitted by Article 8(4) and (5) of Commission Regulation
(EC) No 1291/2000 (1).

Where awards for a Member State to all tenderers offering the
same export refund for one lot would result in that reduced
that reduced
available quantity for that
available quantity shall be awarded as follows:

lot being exceeded,

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.

Article 7

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

the total quantities in each of their tenders; or

Article 8

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

(1) OJ L 152, 24.6.2000, p. 1.

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

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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 inter-
vention agency and available
for sale for export
(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 (*)

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

Regulation (EC) No 1060/2007

1

2

3

Member State selling
intervention sugar

Numbering of tenderers

Lot No

4

Quantity
(tonnes)

5

Export refund
EUR/100 kg

1

2

3

etc.

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

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ANNEX III

Entries referred to in Article 5(1):

in Bulgarian:

Изнесено с възстановяване съгласно Регламент (ЕО) № 1060/2007

in Spanish:

Exportado con restitución en virtud del Reglamento (CE) no 1060/2007

in Czech:

Vyvezeno s náhradou podle nařízení (ES) č. 1060/2007

in Danish:

Eksporteret med restitution i henhold til forordning (EF) nr. 1060/2007

in German:

Mit Erstattung ausgeführt gemäß der Verordnung (EG) Nr. 1060/2007

in Estonian:

Eksporditud toetusega vastavalt määrusele (EÜ) nr 1060/2007

in Greek:

Εξαγωγή με επιστροφή σύμφωνα με τον κανονισμό (ΕΚ) αριθ. 1060/2007

in English:

Exported with refund pursuant to Regulation (EC) No 1060/2007

in French:

Exporté avec restitution conformément au règlement (CE) no 1060/2007

in Italian:

Esportato con restituzione ai sensi del regolamento (CE) n. 1060/2007

in Latvian:

Saskaņā ar Regulu (EK) Nr. 1060/2007 eksportēts, saņemot kompensāciju

in Lithuanian:

Eksportuota su grąžinamąja išmoka, remiantis Reglamentu (EB) Nr. 1060/2007

in Hungarian:

Visszatérítéssel exportálva a 1060/2007/EK rendelet szerint

in Maltese:

Esportat b'rifużjoni skond ir-Regolament (KE) Nru 1060/2007

in Dutch:

Uitgevoerd met restitutie overeenkomstig Verordening (EG) nr. 1060/2007

in Polish:

Wywóz objęty refundacją zgodnie z rozporządzeniem (WE) nr 1060/2007

in Portuguese:

Exportado com restituição, nos termos do Regulamento (CE) n.o 1060/2007

in Romanian:

Exportat cu restituire în baza Regulamentului (CE) nr. 1060/2007

in Slovak:

Vyvezené s náhradou podľa nariadenia (ES) č. 1060/2007

in Slovenian:

Izvoženo z nadomestilom v skladu z Uredbo (ES) št. 1060/2007

in Finnish:

Viety asetuksen (EY) N:o 1060/2007 mukaisella vientituella

in Swedish:

Exporterat med exportbidrag enligt förordning (EG) nr 1060/2007

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ANNEX IV

Model for the notification to the Commission as referred to in Article 6(1)

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

Regulation (EC) No 1060/2007

1

Member State selling intervention
sugar

2

Quantity actually sold
(in tonnes)

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