PROCEDURE FOLLOWED FOR SALES BY TENDER FOR TWO SUGAR MARKETING YEARS , IN PARTICULAR AS REGARDS REMOVAL AND PAYMENT , IMPORTANT AMENDMENTS HAVE BECOME NECESSARY ; WHEREAS , IN THE INTERESTS OF CLARITY , THE DETAILED RULES FOR THE SALE BY TENDER OF SUGAR BY INTERVENTION AGENCIES SHOULD THEREFORE BE INCORPORATED IN A NEW REGULATION ;
WHEREAS , TO ENSURE EQUAL TREATMENT FOR ALL INTERESTED PARTIES IN THE COMMUNITY , INVITATIONS TO TENDER ISSUED BY THE INTERVENTION AGENCIES MUST CONFORM TO UNIFORM RULES ; WHEREAS , IN THIS CONNECTION , PROVISION MUST BE MADE TO ENSURE THAT THE SUGAR IS ACTUALLY PUT TO THE INTENDED USE ;
WHEREAS PROVISIONS FOR THE TENDERING PROCEDURE MAY , TO A LARGE EXTENT , BE MODELLED ON THOSE CONTAINED IN REGULATIONS ( EEC ) NO 394/70 ( 6 ) AND ( EEC ) NO 100/72 ( 7 ) AND DEALING RESPECTIVELY WITH THE DETERMINATION BY THAT PROCEDURE OF EXPORT REFUNDS AND DENATURING PREMIUMS , TAKING INTO ACCOUNT THE FACT THAT THE PURPOSE OF THE PROCEDURE IS TO DETERMINE EITHER THE SELLING PRICE TO BE PAID FOR SUGAR BY THE SUCCESSFUL TENDERER , OR THE AMOUNT OF THE DENATURING PREMIUM OR THE AMOUNT OF THE EXPORT REFUND ;
WHEREAS , HOWEVER , CERTAIN SPECIAL RULES SHOULD BE LAID DOWN ; WHEREAS TO FACILITATE PARTICIPATION BY THE GREATEST POSSIBLE NUMBER OF INTERESTED PARTIES , PROVISION SHOULD BE MADE IN PARTICULAR FOR THE POSSIBILITY OF FIXING , WITH REGARD TO THE QUANTITY OF SUGAR OFFERED FOR SALE , A MAXIMUM QUANTITY PER TENDERER ; WHEREAS , MOREOVER , IN VIEW OF THE FREQUENT FLUCTUATIONS IN SUGAR PRICES AND QUOTATIONS , THE TENDERER SHOULD NOT BE BOUND BY HIS TENDER IF THE AWARD IS MADE AFTER THE DATE AND TIME SPECIFIED BY HIM ;
WHEREAS , BY REASON IN PARTICULAR OF STORAGE COSTS AND THE RULES IN THIS RESPECT PROVIDED FOR IN ARTICLE 8 OF REGULATION NO 1009/67/EEC , IT IS ESSENTIAL TO SPECIFY WHEN OWNERSHIP OF THE SUGAR IS TRANSFERRED ;
WHEREAS , FOR THE PURPOSE OF DETERMINING THE GRADE OF THE WHITE SUGAR AND THE YIELD OF THE RAW SUGAR SOLD ; CRITERIA MUST BE ADOPTED WHICH ARE IDENTICAL WITH THOSE PROVIDED FOR IN COMMISSION REGULATION ( EEC ) NO 1280/71 ( 8 ) OF 18 JUNE 1971 LAYING DOWN DETAILED RULES FOR THE BUYING-IN OF SUGAR BY INTERVENTION AGENCIES , AS LAST AMENDED BY REGULATION ( EEC ) NO 2417/71 ( 9 ) ; WHEREAS EQUAL TREATMENT FOR ALL INTERESTED PARTIES MAY BE ENSURED ONLY BY THE INTRODUCTION OF UNIFORM AND PRECISELY DEFINED PROVISIONS FOR ADJUSTING THE SELLING PRICE , THE DENATURING PREMIUM OR THE EXPORT REFUND AS THE CASE MAY BE AND CORRECTING THE EXPORT LICENCE WHERE THE SUGAR IS FOUND TO BE OF A QUALITY OTHER THAN THAT INDICATED IN THE INVITATION TO TENDER ;
WHEREAS 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