CELEX: 31977R1320
Language: en
Date: 1977-06-20 00:00:00
Title: Commission Regulation (EEC) No 1320/77 of 20 June 1977 opening an invitation to tender for the purpose of determining premiums for white sugar for feeding to bees

No L 152/ 18                           Official Journal of the European Communities                             21 . 6. 77
                                  COMMISSION REGULATION (EEC) No 1320/77
                                                        of 20 June 1977
               opening an invitation to tender for the purpose of determining premiums for
                                               white sugar for feeding to bees
THE COMMISSION OF THE EUROPEAN                                    Whereas a minimum quantity and a maximum quan­
COMMUNITIES,                                                      tity per tender should be laid down, and in order to
                                                                  encourage as many persons to tender as possible,
                                                                  tenderers should be limited to one tender for each
 Having regard to the Treaty establishing the European            invitation to tender :
 Economic Community,
 Having regard to Council Regulation (EEC) No                     Whereas the principles and detailed rules for fixing
 3330/74 of 19 December 1974 on the common organi­                denaturing premiums are laid down in Regulation
zation of the market in sugar (!), as last amended by             (EEC) No 2049/69 and in Commission Regulation
Regulation (EEC) No 11 10/77 (2), and in particular               (EEC) No 100/72 of 14 January 1972 laying down
Article 9 (6) thereof,                                            detailed rules on the denaturing of sugar for animal
                                                                  feed (5), as last amended by Regulation (EEC) No
                                                                  2847/72 (6) ;
 Having regard to Council Regulation (EEC) No
 2049/69 of 17 October 1969 laying down general
 rules on the denaturing of sugar for animal feed (3), as
 last amended by Regulation (EEC) No 1 640/73 (4), and            Whereas Article 4 (3) of Regulation (EEC) No 2049/69
 in particular Article 4 (3) thereof,                             provides that where the terms of the invitation to
                                                                  tender do not specify a maximum amount for the
                                                                  denaturing premium for white sugar, this shall be
Whereas Article 9 (2) of Regulation (EEC) No 3330/74              fixed following examination of the tenders submitted
allows denaturing premiums to be granted for sugar                and taking into account, in particular, the intervention
 rendered unfit for human consumption ; whereas                   price for white sugar in the Community region with
Article 2 of Council Regulation (EEC) No 2049/69                  the largest surplus ; whereas, where two or more
 provides that denaturing premiums shall be fixed, for            tenders propose the same denaturing premiums, and,
example by invitation to tender, only if total sugar              if they were accepted in their totality, the total
surpluses available for denaturing in the Community               amount of     1 000 000 units of account would be
and the economic aspects of the proposed denaturing               exceeded, the amount available should be apportioned
operation justify this ;                                          to the quantity among them by reference specified in
                                                                  each tender ;
Whereas the supply and demand situation for the
sugar year 1976/77 and that foreseen for the sugar
year 1977/78 permit of a certain amdunt of white
sugar being made available for denaturing ; whereas,              Whereas experience has shown that the most suitable
in beekeeping, sugar is the only feedingstuff for which           methods should be sought to ensure that denatured
there is no substitute ; whereas, therefore, a certain            sugar is used for the purpose intended ; whereas this
quantity of the sugar denatured could be used for                 aim can be achieved by increasing the responsibility
feeding to bees ;                                                 of the person entitled to the denaturing premium, by
                                                                  means of a provision making him liable to repay the
                                                                  premiums already received ; whereas the control
Whereas an invitation to tender ensures equality of               measures to be taken by the Member States should be
access and treatment to all interested persons in the             reinforced and provision should be made for coopera­
 Community ; whereas this would accordingly seem to               tion between the bodies responsible for supervising
be the most appropriate procedure for determining                 intra-Community trade in denatured sugar ;
the denaturing premiums, which reflect closely the
market situation ; whereas a total amount of 1 000 000
units of account is available for the payment of such
premiums ;                                                        Whereas the Management Committee for Sugar has
                                                                  not delivered an opinion within the time limit set by
(!) OJ  No L  359, 31 . 12. 1974, p. 1 .                          its chairman,
(2) OJ  No L  134, 28 . 5. 1977, p. 1 .
(>) OJ  No L  263, 21 . 10. 1969, p. 1 .                          (5) OJ No L 12, 15. 1 . 1972, p. 15.
(«) OJ  No L  165, 22.  6. 1973, p. 6.                            (6) OJ No L 299, 31 . 12. 1972, p. 4.
 ---pagebreak---   21 . 6. 77                         Official Journal of the European Communities                         No L 152/ 19
  HAS ADOPTED THIS REGULATION :                                                         Article 4
                                                               The closing times specified in Article 3 of this Regula­
                           Article 1                           tion and in Article 16 (2) of Regulation (EEC) No
                                                                100/72 shall be regarded as :
  1.     Member States shall issue an invitation to tender
  for the purpose of determining the premiums for              (a) brought forward by one hour in the United
  white sugar for animal feed. The total amount avail­              Kingdom and in Ireland during the period in
                                                                    which summer time does not apply in those
  able for the purpose of awarding such premiums shall              Member States ;
  be 1 000 000 units of account.
                                                               (b) extended by one hour in the other Member States
  2. The white sugar in respect of which a denaturing               during any period in which summer time does
  premium is awarded as a result of an invitation to                apply there.
  tender provided for in paragraph 1 shall be used for
  the feeding of bees. It shall be denatured by one of                                  Article 5
  the processes set out in point II 3 of the Annex to           1.     No tenderer may submit more than one tender
  Regulation (EEC) No 100/72.                                   per invitation to tender, and the tender must be
                                                                submitted to the competent body in the Member State
  3 . Save in case of force majeure, sugar so denatured
  must be used for the purpose laid down in paragraph           in which the tenderer is resident or has his registered
                                                                place of business.
  2 by 30 November 1977 at the latest.
                                                                2.     To be valid a tender must be made in respect of
  4. Member States shall take all necessary measures            at least 10 but not more than 1 000 tonnes of white
  to ensure that the denatured sugar is used for the            sugar.
  intended purpose. If it is found that the undertaking
  provided for in Article 6 has not been complied with          3. Where two or more tenders propose the same
  the Member State which paid the premium shall                 denaturing premiums, and, if they were accepted in
  require the person who was entitled to the denaturing         their totality, the amount specified in Article 1 ( 1 )
  premium to repay it.                                          would be exceeded, the amount available shall be
                                                                apportioned among them by reference to the quantity
                                                                specified in each of them .
                           Article 2
                                                                                        Article 6
  The invitation to tender shall be organized in accor­
  dance with the relevant provisions of Regulations             Every tender must include a declaration by the
  (EEC) No 2049/69 and (EEC) No 100/72 and in accor­            tenderer in which he undertakes, if awarded a dena­
  dance with the following provisions of this Regula­           turing premium, to put the denatured sugar to the use
  tion .                                                        specified in Article 1 (2).
                                                                                        Article 7
                           Article 3
                                                                By way of derogation from Article 16 ( 1 ) of Regulation
   1 . By way of derogation from Article 2 (3) of Regu­         (EEC) No 100/72, denaturing premium certificates
  lation (EEC) No 100/72, the period during which               issued pursuant to an award made under this invita­
  tenders may be submitted shall begin on the day on            tion to tender shall be valid only until 30 September
  which the notice of invitation to tender is published          1977 .
   in the Official Journal of the European Communities
  and shall expire on Wednesday, 29 June 1977 at 9-30                                   Article 8
  a.m .
                                                                By way of derogation from Article 25 of Regulation
   2.    If the total amount of the denaturing premiums         (EEC) No 100/72, the following provisions shall apply
  awarded under the invitation to tender provided for in        to the dispatch of denatured white sugar from one
                                                                Member State to another :
   paragraph 1 fails to reach 1 000 000 units of account,
   the intervention agencies concerned shall issue further       1 . Before denatured sugar is     dispatched from one
   invitations    to   tender   to   utilize  the  balance      Member State to another, a        denaturing certificate
   outstanding. The period during which tenders may be          issued by the agency referred to  in Article 19 of Regu­
   submitted in response to those invitations :                 lation (EEC) No 100/72 shall       be submitted to the
                                                                customs office of departure.
  (a) shall begin on the first working day following the
       end of the preceding period, and                         This certificate shall be numbered and shall show at
  (b) shall end on the Wednesday of the following week          least the following :
       at 9-30 a.m .                                            (a) the date and place of denaturing ;
                                                                (b) that the sugar has been denatured in accordance
   It may, however, be decided that the present invitation           with point II 3 of the Annex to Regulation (EEC)
   to tender should be closed before the abovementioned              No 100/72 and is to be used for the feeding of
'  amount has been fully utilized .                                  bees ;
 ---pagebreak--- No L 152/20                       Official Journal of the European Communities                             21 . 6 . 77
(c) the number and type of packages, together with           3. If the Community transit document is replaced
     any distinguishing marks or numbers ;                   by a new one, Section 31 of the latter shall contain all
(d) the gross and net weights of the sugar ;                 the information      contained in Section   31   of the
                                                             former.
(e) references to Regulation (EEC) No 100/72 and to
     the present Regulation ;
                                                             4. When the sugar in question is transported under
(f) the address of the agency which paid the dena­           Regulation (EEC) No 304/71 (l), the information
     turing premium.                                         referred to in paragraphs 2 and 3 above shall be
This certificate shall be kept by the customs office of      entered in the box 'description of goods' on the Inter­
departure.                                                   national Consignment Note (CIM) or the Interna­
                                                             tional Express Parcels Consignment Note (TIEX) and
2.     The relevant Community transit document               authenticated by the stamp of the custom^ office of
accompanying the denatured sugar shall contain in            departure.
Section 31 the number of the certificate referred to in
paragraph 1 and one of the following entries :               5.    The Member State of destination shall take all
'Denatured sugar intended for feeding bees, Regula­          necessary steps to ensure that, by 30 November at the
tion (EEC) No 1320/77.'                                      latest, the denatured sugar has been used for the
'Sucre dénaturé destiné à 1 alimentation des abeilles,       pupose specified in Article 1 (2).
règlement (CEE) n0 1320/77.'                                 It shall immediately report to the agency referred to
'Denaturierter     Zucker,  der   zur   Bienenfütterung      in paragraph 1 (f) every case in which this condition
bestimmt ist, Verordnung (EWG) Nr. 1320/77.'                 has not been complied with. On receipt of this infor­
'Zucchero denaturato destinato all'alimentazione delle       mation the Member State which paid the premium
api, regolamento (CEE) n. 1320/77.'                          shall require the person who was entitled thereto to
'Gedenatureerde suiker bestemd voor de voeding van           return it.
bijen, Verordening (EEG) nr. 1320/77.'
'Denatureret     sukker bestemt    til foder  for bier,
                                                                                      Article 9
 forordning (EØF) 1320/77.'
 Section 31 shall also contain the information referred      This Regulation shall enter into force on 21 June
 to in point (f) paragraph 1 .                                1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 20 June 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President
                                                             (>) OJ No L 35, 12. 2. 1971 , p. 31 .