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, the Czech Republic, Ireland, Italy, Hungary, Slovakia and Sweden
Date: 2008-09-09
Institutions: European Commission
Subjects: EU Member State, EU market, award of contract, intervention agency, sale, sugar

10.9.2008

EN

Official Journal of the European Union

L 241/3

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, the Czech Republic, Ireland, Italy, Hungary, Slovakia and
Sweden

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

of the standard quality as defined in Part B of Annex IV
to Regulation (EC) No 1234/2007.

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)

(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
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.

the management

regards

of

as

Such a decision was taken by Commission Regulation
(EC) No 1059/2007 of 14 September 2007 opening a
the resale on the
standing invitation to tender
Community market of sugar held by the intervention
agencies of Belgium, the Czech Republic, Spain, Ireland,
Italy, Hungary, Slovakia and Sweden (3). Under that Regu­
lation,
time
between 10 and 24 September 2008.

tenders may be submitted for

the last

for

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,
to make these stocks
standing invitation to tender
available on the internal market.

it

(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 in cases where the sugar is not of this quality.

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.

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

It

(4)

tender prices for sugar of
To allow comparison of
different qualities, the tender price should refer to sugar

(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. 3.

(11)

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

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 Regulation repealed by Regulation

(EC) No 952/2006.

L 241/4

EN

Official Journal of the European Union

10.9.2008

HAS ADOPTED THIS REGULATION:

Article 1

the Czech Republic,
The intervention agencies of Belgium,
Ireland, Italy, Hungary, Slovakia and Sweden listed in Annex I
shall offer for sale by standing invitation to tender on the
Community internal market a maximum total quantity of
345 539 tonnes of
sugar accepted into intervention and
available for sale on the internal market.

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

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:

— 29 October 2008,

— 12 and 26 November 2008,

— 3 and 17 December 2008,

— 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.

2.
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.

The minimum quantity of the tender per lot in accordance
3.
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

4.
holding the sugar as set out in Annex I to this Regulation.

Article 3

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

the deadline for

The tenderers shall not be identified.

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

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

Article 4

The Commission shall fix per Member State concerned the
1.
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

intervention sugar which is not of

application mutatis mutandis

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,

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

(1) OJ L 58, 28.2.2006, p. 1. Regulation (EC) No 318/2006 is replaced

by (EC) No 1234/2007 as from 1 October 2008.

10.9.2008

EN

Official Journal of the European Union

L 241/5

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

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.

(c) by drawing of lots.

On the

fifth working day at

4.
the
Commission fixes the minimum sale price,
agencies
according to the model set out
actually sold by partial invitation to tender.

latest
the
after
the intervention
involved shall communicate to the Commission,
the quantity

in Annex III,

Article 6

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

Article 5

By way of derogation from the second paragraph of Article 59
of Regulation (EC) No 952/2006, Regulation (EC) No

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

L 241/6

EN

Official Journal of the European Union

10.9.2008

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

10.9.2008

EN

Official Journal of the European Union

L 241/7

ANNEX II

FORM

Model for the communication to the Commission as referred to in Article 3
Partial invitation to tender of … for the resale of sugar held by the intervention agencies

Quantity
(t)

4

Tender price
EUR/100 kg

5

Member State selling
intervention sugar

1

Regulation (EC) No 877/2008

Numbering of tenderers

Lot No

2

1

2

3

etc.

3

ANNEX III

FORM

Model for the notification to the Commission as referred to in Article 4(4)
Partial invitation to tender of … for the resale of sugar held by the intervention agencies

Regulation (EC) No 877/2008

Member State selling intervention sugar

Quantity actually sold (in tonnes)

1

2