Commission Regulation (EC) No 879/2008 of 9 September 2008 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Italy, Hungary, Slovakia and Sweden for the marketing year 2008/09
Date: 2008-09-09
Institutions: European Commission
Subjects: EU Member State, award of contract, export, intervention agency, sale, sugar

10.9.2008

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Official Journal of the European Union

L 241/13

COMMISSION REGULATION (EC) No 879/2008

of 9 September 2008

opening a standing invitation to tender for the resale for export of sugar held by the intervention
agencies of Belgium, the Czech Republic, Ireland, Italy, Hungary, Slovakia and Sweden for the
marketing year 2008/09

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (1),
in
conjunction with Article 4 thereof,

and in particular Article 43(d)

Whereas:

(1)

(2)

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 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, Spain, Ireland, Italy, Hungary, Slovakia
and Sweden (3). Under that Regulation, tenders may be
submitted
and
the
24 September 2008.

between

time

last

for

11

(3)

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

to exist

it

is,

needs,
standing invitation to tender
available for export.

therefore, appropriate to open a further
to make these stocks

(4)

(5)

(6)

(7)

(8)

(9)

import

Community exports to certain close destinations and to
third countries granting Community products a prefer­
treatment are currently in a particular
ential
favourable competitive position.
to prevent
any abuse associated with the reimport or reintroduction
into the Community of sugar sector products that have
qualified for export, sugar made available under the
above standing invitation to tender
should not be
made available for export to those destinations.

In order

For the marketing year 2008/09, no budget has been
it is
allocated to export refunds for sugar. Therefore,
necessary to derogate from the procedures laid down
under Regulation (EC) No 952/2006 insofar as they
were designed for a situation in which export refunds
would be paid.

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 Part B of Annex IV
to Regulation (EC) No 1234/2007.

intervention agencies of Belgium,

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

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.

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.

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 178, 1.7.2006, p. 39.
(3) OJ L 242, 15.9.2007, p. 8.

(10)

The minimum selling price refers to sugar of the standard
quality. Provision should be made to adjust the selling
price in cases where the sugar is not of this quality.

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Official Journal of the European Union

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(11)

(12)

The quantities available for a Member State that can be
the minimum
awarded when the Commission fixes
selling price should take into account
the quantities
awarded pursuant to Commission Regulation (EC) No
877/2008 of 9 September 2008 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 (1) and Commission Regulation
(EC) No 878/2008 of 9 September 2008 opening a
standing invitation to tender for the resale for industrial
sugar held by the intervention agencies of
use of
Belgium,
Italy, Hungary,
the Czech Republic,
Slovakia and Sweden (2).

the Czech Republic,

Ireland,

Ireland,

export

For the same reason as the one set out in recital 5 above,
the
accordance with
issued
Article 48(2)(a) of Regulation (EC) No 952/2006
cannot specify the export refund.

licence

in

(13)

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

(14)

(15)

(16)

To ensure that the quantities awarded pursuant to this
Regulation are exported, the security to be lodged when
licence should be set at a
applying for an export
these quantities
dissuasive level
being used for other purposes.

to avoid any risk of

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 (3) continues to apply to sugar accepted
into intervention before 10 February 2006. However, for
the resale of intervention sugar, this distinction is un­
necessary 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
pursuant to this Regulation.

HAS ADOPTED THIS REGULATION:

Article 1

The intervention agencies of Belgium,
the Czech Republic,
Ireland, Italy, Hungary, Slovakia and Sweden listed in Annex I
shall offer for sale a total quantity of 345 539 tonnes of sugar
by standing invitation to tender for export to all destinations,
excluding the following:

(a)

third countries: Andorra, Liechtenstein,
the Holy See
(Vatican City State), Croatia, Bosnia and Herzegovina,
Montenegro, Albania,
the former Yugoslav Republic of
Macedonia, and Serbia, as well as Kosovo under UNSC
Resolution 1244/99;

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

(c) European territories for whose external relations a Member
the customs

forming part of

State is
territory of the Community: Gibraltar.

responsible not

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

The tendering procedure shall determine the selling price.

Article 2

1.
The period during which tenders may be submitted in
response to the first partial invitation to tender shall begin on
1 October 2008 and shall end on 15 October 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:

(17)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

(1) See page 3 of this Official Journal.
(2) See page 8 of this Official Journal.
(3) OJ L 178, 30.6.2001, p. 48. Regulation repealed by Regulation (EC)

No 952/2006.

— 29 October 2008,

— 12 and 26 November 2008,

— 3 and 17 December 2008,

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— 7 and 28 January 2009,

— 11 and 25 February 2009,

— 11 and 25 March 2009,

— 15 and 29 April 2009,

— 13 and 27 May 2009,

— 10 and 24 June 2009,

— 1 and 15 July 2009,

— 5 and 26 August 2009,

— 9 and 23 September 2009.

The purpose of

the tendering procedure shall be to
2.
determine the minimum price which tenderers are willing to
pay for the sugar referred to in Article 1. Since that sugar will
not benefit
take
account of any export refund, by way of derogation from
Article 42(1)(d) of Regulation (EC) No 952/2006.

from export refunds,

this price shall not

Article 4

1.
The Commission shall fix per Member State concerned the
minimum selling price or decide not to accept the tenders in
accordance with the procedure referred to in Article 195 of
Regulation (EC) No 1234/2007.

of

For

application mutatis mutandis

intervention sugar which is not of

2.
the standard
quality, Member States shall adjust the actual selling price by
way
respectively,
Article 32(6) and Article 33 of Regulation (EC) No 952/2006.
In this context, the reference, in Article 32 of Regulation (EC)
No 952/2006,
to Council Regulation (EC) No
318/2006 (1) shall be interpreted as a reference to Part B of
Annex IV to Regulation (EC) No 1234/2007.

to Annex I

of,

The available quantity for a lot shall be reduced by the
3.
quantities awarded the same day for that lot by Regulations (EC)
No 877/2008 and (EC) No 878/2008.

Where an award at a minimum selling price 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.

3.
The tender price shall refer to white sugar and raw sugar
of the standard quality as defined in Part B of Annex IV to
Regulation (EC) No 1234/2007.

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

lot being exceeded,

4.
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
250 tonnes.
In such cases the available quantity must be
tendered.

Tenders shall be lodged with the intervention agency

5.
holding the sugar as set out in Annex I to this Regulation.

Tenders shall include a declaration by the tenderer under­
for any quantity of sugar awarded, to apply for an

6.
taking,
export licence.

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

(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.

Article 5

1.
By way of derogation from Article 48(2)(a) of Regulation
(EC) No 952/2006, the export licence issued shall not show an
export refund.

Export licence applications and licences shall contain in

2.
box 20 one of the entries listed in Annex III.

The tenderers shall not be identified.

Tenders submitted shall be communicated in electronic form
according to the model set out in Annex II.

Export

3.
licence applications shall be accompanied by a
proof that the applicant has lodged a security of EUR 400
per tonne of the quantity awarded.

When no tenders are submitted,
the Member State shall
communicate this to the Commission within the time limit
fixed in the first paragraph.

(1) OJ L 58, 28.2.2006, p. 1. Regulation (EC) No 318/2006 is to be
replaced by Regulation (EC) No 1234/2007 as from 1 October
2008.

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Export licences issued in connection with a partial invi­
4.
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.

5.
At the request of the successful tenderer, the competent
authority of the Member State where the export licence was
issued may permit a quantity,
in white sugar equivalent, of
sugar produced under quota to be exported 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.

6.
The security referred to in paragraph 3 shall be released in
accordance with Article 34 of Commission Regulation (EC) No
376/2008 (1)
for the quantity for which the applicant has
fulfilled, within the meaning of Articles 30(b) and 31(b)(i) of
Regulation (EC) No 376/2008, the export obligation resulting
from the licences issued in accordance with paragraph 4 and for
which the following three documents are presented:

(a) a copy of the transport document;

(b) a declaration that the product has been unloaded, drawn up
by an official authority of the third country in question, by
the official authorities of a Member State established in the
country of destination, or by an international supervisory
agency approved under Articles 16a to 16f of Commission
Regulation (EC) No 800/1999 (2), certifying that the product
has left the unloading site or at least that, to the knowledge
of
the
the authority or agency issuing the declaration,
product has not subsequently been reloaded with a view
to being re-exported;

sponding to the export in question has been credited to
the account of the exporter opened with them, or proof
of payment.

Article 6

On the

fifth working day at

1.
the
Commission fixes the minimum selling price, the intervention
involved shall communicate to the Commission,
agencies
the exact
according to the model
quantity sold by partial invitation to tender.

in Annex IV,

set out

latest

after

the

2.
Not later than the end of each calendar month in respect
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 7(4) and (5) of Commission Regulation
(EC) No 376/2008.

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

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

(c) a bank document issued by approved intermediaries estab­
lished in the Community certifying that payment corre­

It shall apply from 1 October 2008. It shall expire on 31 March
2010.

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

Done at Brussels, 9 September 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 114, 26.4.2008, p. 3.
(2) OJ L 102, 17.4.1999, p. 11.

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ANNEX I

Member States holding intervention sugar

Member State

Intervention agency

Belgium

Czech Republic

Ireland

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

Belgisch Interventie- en Restitutiebureau
Trierstraat 82
B-1040 Brussel

Tel. (32-2) 287 24 11
Fax (32-2) 287 25 24

Státní zemědělský intervenční fond
Oddělení pro cukr a škrob
Ve Smečkách 33
110 00 PRAHA 1

Tel.: (420) 222 87 14 27
Fax: (420) 222 87 18 75

Intervention Section
On Farm Investment
Subsidies & Storage Division
Department of Agriculture & Food
Johnstown Castle Estate
Wexford

Tel. (353) 5363437
Fax (353) 9142843

AGEA — Agenzia per le erogazioni in agricoltura
Ufficio ammassi pubblici e privati e alcool
Via Palestro, 81
I-00185 Roma

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

Mezőgazdasági és Vidékfejlesztési Hivatal (MVH)
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 komodit
Dobrovičova, 12
SK – 815 26 Bratislava

Tel. (421-2) 57 512 415
Fax (421-2) 53 412 665

Statens jordbruksverk
Vallgatan 8
S-551 82 Jönköping

Tfn (46-36) 15 50 00
Fax (46-36) 19 05 46

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

9 360

30 687

12 000

225 014

21 650

34 000

12 762

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ANNEX II

FORM

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

Member State selling
intervention sugar

1

Regulation (EC) No 879/2008

Numbering of tenderers

Lot No

3

2

1

2

3

etc.

Quantity
(t)

4

Tender price
EUR/100 kg

5

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ANNEX III

Entries referred to in Article 5(2):

in Bulgarian:

Износ в съответствие с Регламент (EО) № 879/2008

in Spanish:

in Czech:

in Danish:

in German:

in Estonian:

in Greek:

in English:

in French:

in Italian:

in Latvian:

Exportado de conformidad con el Reglamento (CE) no 879/2008

Vyvezeno v souladu s nařízením (ES) č. 879/2008

Eksporteret i henhold til forordning (EF) nr. 879/2008

Ausgeführt gemäß der Verordnung (EG) Nr. 879/2008

Eksporditud vastavalt määrusele (EÜ) nr 879/2008

Εξάγεται κατ’εφαρμογή του κανονισμού (ΕΚ) αριθ. 879/2008

Exported pursuant to Regulation (EC) No 879/2008

Exporté conformément aux dispositions du règlement (CE) no 879/2008

Esportato a norma del regolamento (CE) n. 879/2008

Eksportēts saskaņā ar Regulu (EK) Nr. 879/2008

in Lithuanian:

Eksportuota pagal Reglamentą (EB) Nr. 879/2008

in Hungarian:

A 879/2008/EK bizottsági rendelet szerint exportálva

in Maltese:

Esportat skont ir-Regolament (KE) Nru 879/2008

in Dutch:

in Polish:

Uitgevoerd in het kader van Verordening (EG) nr. 879/2008

Wywiezione zgodnie z rozporządzeniem (WE) nr 879/2008

in Portuguese:

Exportado em conformidade com o Regulamento (CE) n.o 879/2008

in Romanian:

Exportat în conformitate cu Regulamentul (CE) nr. 879/2008

in Slovak:

in Slovenian:

in Finnish:

in Swedish:

Vyvezené podľa nariadenia (ES) č. 879/2008

Izvoženo v skladu z Uredbo (ES) št. 879/2008

Viety asetuksen (EY) N:o 879/2008 mukaisesti

Exporterat i enlighet med förordning (EG) nr 879/2008

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ANNEX IV

FORM

Model for the notification to the Commission as referred to in Article 6(1)
Partial invitation to tender of … for the resale of sugar held by the intervention agencies

Regulation (EC) No 879/2008

Member State selling intervention sugar

Quantity actually sold (in tonnes)

1

2