Commission Regulation (EC) No 1476/2007 of 13 December 2007 opening a standing invitation to tender for the resale for industrial use of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden and amending Regulations (EC) No 1059/2007 and (EC) No 1060/2007
Date: 2007-12-13
Institutions: European Commission
Subjects: EU Member State, agro-industry, award of contract, intervention agency, sale, sugar

14.12.2007

EN

Official Journal of the European Union

L 329/17

COMMISSION REGULATION (EC) No 1476/2007

of 13 December 2007

opening a standing invitation to tender for the resale for industrial use of sugar held by the
intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and
Sweden and amending Regulations (EC) No 1059/2007 and (EC) No 1060/2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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:

as

regards

the management

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
318/2006
the
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. Given the continued existence of inter-
vention stocks, it is appropriate to provide for the possi-
bility to sell for industrial use sugar held by the inter-
vention agencies.

of

(7)

(8)

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.

(9)

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.

records,

The provisions on processor's
checks and
penalties laid down by Commission Regulation (EC)
No 967/2006 of 29 June 2006 laying down detailed
rules for
the application of Council Regulation (EC)
No 318/2006 as regards sugar production in excess of
the quota (3) should apply to the quantities awarded
under this Regulation.

To ensure that the quantities awarded pursuant to this
Regulation are used as industrial sugar, financial penalties
must be laid down for tenderers at a dissuasive level to
avoid any risk of these quantities being used for other
purposes.

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-
is therefore
trative difficulties for Member States.
appropriate to exclude the application of Regulation
(EC) No 1262/2001 to the resale of intervention sugar
pursuant to this Regulation.

It

The quantities available for a Member State that can be
awarded pursuant to this Regulation 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, the Czech Republic, Ireland, Spain,
Italy, Hungary, Slovakia, and Sweden (5).

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 to the Commission on the quan-
tities actually sold.

(10)

The quantities awarded under this Regulation should also
be taken into account for the quantities that can be
awarded
(EC) No
under Commission Regulation
1060/2007 of 14 September 2007 opening a standing
invitation to tender for the resale for export of sugar held
the Czech
by the intervention agencies of Belgium,
Republic,
Italy, Hungary, Slovakia and
Sweden (6). A relevant provision should therefore be
inserted in Regulation (EC) No 1060/2007.

Ireland, Spain,

(3) OJ L 176, 30.6.2006, p. 22. Regulation as amended by Regulation

(EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

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

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

(EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1).

(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).

No 952/2006.

(5) OJ L 242, 15.9.2007, p. 3.
(6) OJ L 242, 15.9.2007, p. 8.

(1)

(2)

(3)

(4)

(5)

L 329/18

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Official Journal of the European Union

14.12.2007

(11)

The maximum quantities of intervention sugar held by
the Spanish intervention agency according to Annex I to
Regulation (EC) No 1059/2007 and Annex I to Regu-
lation (EC) No 1060/2007 did not take into account
18 000 tonnes of sugar accepted into intervention in
April 2006.

(12)

Regulations (EC) No 1059/2007 and (EC) No 1060/2007
should therefore be amended accordingly.

(13)

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 for industrial use a
maximum total quantity of 477 924 tonnes of sugar accepted
into intervention and available for sale for industrial use.

— 10 and 24 September 2008.

2.
The minimum quantity of the tender per lot referred to in
Article 42(2)(c) of Regulation (EC) No 952/2006 shall be 100
tonnes, unless the available quantity for that lot is less than 100
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.

Tenders may be submitted only by processors within the

4.
meaning of Article 2(d) of Regulation (EC) No 967/2006.

Article 3

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

the deadline for

The tenderers shall not be identified.

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

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

Article 2

1.
The period during which tenders may be submitted in
response to the first partial invitation to tender shall begin on
1 January 2008 and shall end on 9 January 2008 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:

— 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,

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 per Member State concerned the
minimum selling price for each partial invitation to tender or
the tenders in accordance with the
decide not
procedure referred to in Article 39(2) of Regulation (EC)
No 318/2006.

to accept

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 minimum selling 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 selling price would result in the quantity for that Member
then the quantity available shall be
State being exceeded,
awarded as follows:

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

the total quantities in each of their tenders;

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Official Journal of the European Union

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(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

the
3.
Commission fixes the minimum selling price, the intervention
agencies involved shall communicate to the Commission, in the
form laid down in Annex III, the quantity actually sold by
partial invitation to tender.

latest

after

the

Article 5

Article 7

By way of derogation from the second paragraph of Article 59
of Regulation (EC) No 952/2006, Regulation (EC) No
1262/2001 shall not apply to the resale, as referred to in
Article 1 of this Regulation, of sugar accepted into intervention
before 10 February 2006.

Article 8

In Annex I
concerning Spain is replaced by the following:

to Regulation (EC) No 1059/2007,

the row

1.
Articles 11, 12 and 13 of Regulation (EC) No 967/2006
shall apply mutatis mutandis to processors in respect of the
quantities of sugar awarded under this Regulation.

‘Spain

42 084’

Fondo Español de Garantia
Agraria
C/Beneficencia, 8
E-28004 Madrid
Tel. (34) 91 347 64 66
Fax (34) 91 347 63 97

2.
At the request of the successful tenderer, the competent
authority of the Member State which granted him its approval
as processor within the meaning of Article 2(d) of Regulation
in white sugar
(EC) No 967/2006 may permit a quantity,
equivalent, of sugar produced under quota to be used for the
purposes of production of the products referred to in the Annex
to Regulation (EC) No 967/2006 in place of the same quantity,
in white sugar equivalent, of intervention sugar awarded. The
competent authorities of the Member States concerned shall
coordinate checks and monitoring of such an operation.

Article 6

Each successful tenderer shall supply proof, to the satis-
1.
faction of the competent authorities of the Member State, that
the quantity awarded by a partial invitation to tender has been
used for the purposes of production of the products referred to
in the Annex to Regulation (EC) No 967/2006 and in
accordance with the approval referred to in Article 5 of Regu-
lation (EC) No 967/2006. This proof shall consist of
the
computerised recording in the records during or at the end of
the production process of
the products
concerned.

the quantities of

2.
If processors have not supplied the proof referred to in
paragraph 1 by the end of the fifth month following the month
of award, they shall pay, for each day of delay, a sum of EUR 5
per tonne of the quantity concerned.

3.
If processors have not supplied the proof referred to in
paragraph 1 by the end of the seventh month following the
month of award, the quantity concerned shall be considered to
be overdeclared for the purposes of applying Article 13 of
Regulation (EC) No 967/2006.

Regulation (EC) No 1060/2007 is amended as follows:

Article 9

(a)

In Article 4(2), the first subparagraph is replaced by the
following:

‘The available quantity for a lot shall be reduced by the
quantities awarded the same day for that lot by Regulation
(EC) No 1059/2007 and Regulation (EC) No 1476/2007.’

(b) In Annex I the row concerning Spain is replaced by the

following:

‘Spain

42 084’

Fondo Español de Garantia
Agraria
C/Beneficencia, 8
E-28004 Madrid
Tel. (34) 91 347 64 66
Fax (34) 91 347 63 97

Article 10

This Regulation shall enter into force on the third day following
that of
the European
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, 13 December 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Official Journal of the European Union

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ANNEX I

Member States holding intervention sugar

Member State

Intervention agency

Belgium

Czech Republic

Ireland

Spain

Italy

Hungary

Slovakia

Sweden

Bureau d’intervention et de restitution belge/
Belgisch Interventie- en Restitutiebureau (BIRB)
Rue de Trèves, 82/Trierstraat 82
B-1040 Bruxelles/B-1040 Brussel
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-11000 PRAHA 1
Tel.: (420) 222 871 427
Fax: (420) 222 871 875

Intervention Section
On Farm Investment
Subsidies & storage Division
Department of Agriculture & Food
Johnstown Castle Estate
Wexford
Tel. (353-53) 63437
Fax (353-91) 42843

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
00185 Roma
Tel. (39-06) 49 49 95 58
Fax (39-06) 49 49 97 61

Mezőgazdasági és Vidékfejlesztési Hivatal (MVH)
(Agricultural and Rural Development Agency)
Soroksári út 22–24.
HU-1095 Budapest
Tel.: (36-1) 219 45 76
Fax: (36-1) 219 89 05 or (36-1) 219 62 59

Pôdohospodárska platobná agentúra
Oddelenie cukru a ostatných komodít
Dobrovičova 12
SK – 815 26 Bratislava
Tel.: (421-4) 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

Maximum quantities held by
the intervention agency
(in tonnes)

10 648

30 687

12 000

9 873

282 916

41 443

34 000

56 357

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ANNEX II

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

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

Form (*)

Regulation (EC) No 1476/2007

1

2

3

Member State selling
intervention sugar

Numbering of tenderers

Lot No

4

Quantity
(t)

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(3)

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

Regulation (EC) No 1476/2007

1

2

Member State selling intervention sugar

Quantity actually sold (in tonnes)

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