REGULATION NO 2061/69 REFERS TO THE SITUATION IN WHICH " A MEMBER STATE ... USING THE AUTHORIZATION PRESCRIBED IN THE SECOND SUBPARAGRAPH OF ARTICLE 6(1 ) OF REGULATION ( EEC ) NO 2049/69, HAS ISSUED A DENATURING PREMIUM CERTIFICATE " IT MUST BE CONCLUDED THAT WHERE THE MEMBER STATE IN WHICH DENATURING HAS TAKEN PLACE IS DIFFERENT FROM THAT IN WHICH THE TENDER IS INVITED, THE SUCCESSFUL TENDERER MAY ONLY REQUIRE PAYMENT OF THE PREMIUM BY THE LATTER STATE IF IT MAKES USE OF THIS AUTHORIZATION .
7 AT ALL EVENTS, THE SUCCESSFUL TENDERER MAY ONLY REQUEST PAYMENT OF THE PREMIUM FROM THE STATE WHICH HAS ISSUED THE CERTIFICATE .
8 IT IS, THEREFORE, APPROPRIATE TO REPLY TO THE NATIONAL COURT THAT WHERE THE STATE IN WHICH DENATURING HAS TAKEN PLACE IS DIFFERENT FROM THAT IN WHICH THE TENDER IS INVITED AND WHERE THE CERTIFICATE HAS BEEN ISSUED BY THE FORMER STATE, IT IS ALONE LIABLE TO PAY THE PREMIUM .
QUESTIONS 1, 4, 5 AND 6
9 UNDER THE TERMS OF ARTICLE 9(2 ) OF BASIC REGULATION NO 1009/67 NATIONAL INTERVENTION AGENCIES - WHICH ARE OBLIGED TO PURCHASE THE COMMUNITY SUGAR WHICH IS OFFERED TO THEM AND WHICH ARE EMPOWERED TO RESELL IT IN ACCORDANCE WITH ARTICLES 9(1 ) AND 10(1 ) OF THE SAME REGULATION - " MAY GRANT DENATURING PREMIUMS FOR SUGAR RENDERED UNFIT FOR HUMAN CONSUMPTION ".
10 UNDER THE COMBINED PROVISIONS OF ARTICLE 10(1 ) OF THAT REGULATION ( AS AMENDED BY ARTICLE 2 OF REGULATION NO 1393/69 ) AND ARTICLE 3 OF REGULATION NO 447/68 ( AS AMENDED BY REGULATION NO 1395/69 ) THIS RESALE MAY TAKE PLACE " BY TENDER ".
11 UNDER THE TERMS OF ARTICLE 5(2)(E ) AND ( F ) OF REGULATION NO 1987/69 ANY PERSON WISHING TO ACCEPT THE INVITATION TO TENDER MUST INDICATE IN THE TENDER, IN PARTICULAR, " THE AMOUNT OF THE DENATURING PREMIUM PROPOSED, ... IN THE CURRENCY OF THE MEMBER STATE IN WHICH THE INTERVENTION AGENCY ISSUES THE INVITATION " AND " IN THE CASE OF DENATURING, THE MEMBER STATE IN WHICH THE SUGAR WILL BE DENATURED ".
12 ARTICLE 10 OF THE REGULATION IN QUESTION PROVIDES THAT THE INTERVENTION AGENCY CONCERNED " SHALL ... SEND A STATEMENT OF AWARD TO THE SUCCESSFUL TENDERERS " WHICH SHALL INDICATE IN PARTICULAR " THE AMOUNT OF THE DENATURING PREMIUM " ACCEPTED FOR THE QUANTITY AWARDED .
13 ARTICLE 9(1)(A ) OF THE SAME REGULATION PROVIDES THAT IF THE SUGAR IS INTENDED FOR ANIMAL FEED : " AN AWARD SHALL ... CONFER THE RIGHT TO THE ISSUE, IN RESPECT OF THE QUANTITY AWARDED, OF A DENATURING PREMIUM CERTIFICATE SHOWING THE DENATURING PREMIUM SPECIFIED IN THE TENDER ".
14 IN ACCORDANCE WITH ARTICLE 9(3 ) " WHERE ... THE SUGAR IS DENATURED IN A MEMBER STATE OTHER THAN THE MEMBER STATE WHICH ISSUED THE INVITATION TO TENDER, THE MEMBER STATE IN WHICH DENATURING IS EFFECTED :
( A ) SHALL, AT THE REQUEST OF THE SUCCESSFUL TENDERER, ISSUE THE