CELEX: 31973R2711
Language: en
Date: 1973-10-04 00:00:00
Title: Regulation (EEC) No 2711/73 of the Commission of 4 October 1973 on the opening of a standing invitation to tender for the purpose of determining denaturing premiums for white sugar for feeding to bees

5 . 10 . 73                                     Official Journal of the European Communities                           No L 279 /23
                                   REGULATION ( EEC) No 2711 /73 OF THE COMMISSION
                                                              of 4 October 1973
                 on the opening of a standing invitation to tender for the purpose of determining
                                    denaturing premiums for white sugar for feeding to bees
THE COMMISSION OF THE EUROPEAN                                             Whereas an      invitation    to tender, which   ensures
COMMUNITIES,                                                               equality of access and treatment to all persons
                                                                           concerned, would seem to be the most appropriate
Having regard to the Treaty establishing the European                      procedure for determining denaturing premiums
Economic Community ;                                                       which relate closely to the market situation, and at the
                                                                           same time the only one capable of ensuring that the
                                                                           quantities of sugar denatured do not exceed the actual
Having regard to the Treaty (') concerning the Acces­                      requirements of apiculture ;
sion of new Member States to the European Economic
Community and the European Atomic Energy
Community, signed at Brussels on 22 January 1972 ;
                                                                           Whereas the general principles and detailed rules for
                                                                           fixing denaturing premiums were laid down in Regula­
Having regard to Council Regulation No 1009 /                              tion (EEC) No 2049/69 and Commission Regulation
67/ EEC (2) of 18 December 1967 on the common                              (EEC) No 1 00/72 (8) of 14 January 1972 laying down
organization of the market in sugar, as last amended                       detailed rules on the denaturing of sugar for animal
by Regulation ( EEC) No 1 928 /73 (3), and in particular                   feed, as last amended by Regulation (EEC) No
Article 9 (8) thereof ;                                                    2847/72 (9);
Having regard to Council Regulation (EEC) No
241 /73 (4 ) of 31 January 1973 laying down general                        Whereas a minimum quantity per tender should be
rules for the system of compensatory amounts for                           laid down to enable the greatest possible number of
sugar following the Accession of new Member States                         interested parties to reply to the invitation to tender,
to the Community, as amended by Regulation (EEC)                           while enabling the competent authorities to carry out
No 1 638 /73 (5 ), and in particular Article 4 thereof ;                   the necessary checks ;
Whereas Article 9(2) of Regulation No 1009/ 67/EEC
allows intervention agencies to grant denaturing                           Whereas Article 4 (3) of Regulation ( EEC) No 2049/69
premiums for sugar rendered unfit for human                                provides that where the terms of the invitation to
consumption ; whereas Article 2 of Council Regula­                         tender do not specify a maximum amount for the
tion (EEC) No 2049/ 69 (6) of 17 October 1969 laying                       denaturing premium for white sugar, this shall be
down general rules on the denaturing of sugar for                          fixed following examination of the tenders submitted
animal feed , as last amended by Regulation (EEC) No                       and taking into account, in particular, the intervention
 1 640 /73 ( 7), provides that denaturing premiums shall                   price for white sugar in the Community area with the
be fixed , for example , as the result of an invitation to                 largest surplus ; whereas for the 1973/74 sugar
tender only if total sugar surpluses available for dena­                   marketing year the prices fixed for white sugar for all
turing in the Community and the economic aspects of                        regions of Ireland and the United Kingdom are lower
the proposed denaturing justify it ;                                       than those fixed for the Community as originally
                                                                           constituted and for Denmark ; whereas it is therefore
Whereas the supply balance sheet for the 1972/73                           necessary for the said premiums to be paid in each of
 marketing year and the outlook for the 1973/74                            the regions of Ireland and the United Kingdom net of
 marketing year would permit a certain amount of                           the appropriate accession compensatory amount fixed
white sugar being made available for denaturing ;                          for white sugar for the 1973/74 sugar marketing year
whereas, in apiculture, sugar is the only feedingstuff                     by Commission Regulation ( EEC) No 1756/73 ( 1 °) of
 for which there is no substitute ; whereas it is there­                   29 June 1973 fixing accession compensatory amounts
 fore necessary to use the quantity of sugar available for                 for the 1973/74 sugar marketing year ;
 feeding to bees, and to take various appropriate
 measures to ensure that it is so used ;
                                                                           Whereas the measures provided for in this Regulation
(')  OJ  No   L 73 , 27 . 3 . 1972, p. 5 .                                 are in accordance with the Opinion of the Manage­
(-') OJ  No   308 , IS . 12 . 1967, p. 1 .
(3)  OJ  No   L 1 99 , 1 9 . 7 . 1 973 , p. 7 .                            ment Committee for Sugar,
(•*) OJ  No   L 29 , I. 2 . 1973 , p. 19 .
(5 ) OJ  No   L I 65 , 22 . 6 . 1 973, p . 4 .                             (s) OJ No L 12, 15 . 1 . 1972, p . 15 .
( b) OJ  No   L 263 , 21 . 10 . 1969 , p . 1                               O OJ No L 299 , .31 . 12. 1 972, p . 4 .
(7)  OJ  No   L 165 , 22 . 6 . 1973 , p . 6 .                              ( 10) OJ No L 176, 30 . 6 . 1973 , p . 75 .
 ---pagebreak--- No L 279 / 24                      Official Journal of the European Communities                               5. 10 . 73
HAS ADOPTED THIS REGULATION :                                  successful, to put the white sugar in question to the
                                                               use specified in Article 1 (2).
                         Article 1
                                                                                          Article 5
1.     Member States shall issue a standing invitation
to tender for the purpose of determining the dena­             A maximum quantity for which denaturing premiums
turing premiums for white sugar for animal feed.               may be awarded may be fixed after the tenders in
2. The white sugar in respect of which a denaturing            response to each of the partial invitations have been
                                                               examined .
premium is awarded as the result of an invitation to
tender as provided for in paragraph 1 shall be used for
the feeding of bees. It shall be denatured by one of                                      Article 6
the processes listed in II . 3 of the Annex to Regula­
tion (EEC) No 100/72.                                           1 . The denaturing premium certificate issued
                                                                pursuant to an award under a partial invitation to
3 . Member States shall take all measures they                  tender shall indicate the reference number of the invi­
consider appropriate to ensure that the denatured              tation, the use to which the sugar is to be put and the
sugar is used for the purpose intended. When the               denaturing process used .
denatured sugar is forwarded from one Member State
to another Member State the importer shall send to              In the case of Ireland and the United Kingdom, the
the competent agency of the importing Member State              certificate shall indicate the amount of the denaturing
a declaration whereby he undertakes to put the white            premium granted under Article 7.
sugar in question to the use specified in paragraph 2.
                                                                2. By way of derogation from Article 16 ( 1 ) of Regu­
                         Article 2                              lation ( EEC) No 100/72, denaturing premium certifi­
                                                                cates issued pursuant to an award under a partial invi­
The standing invitation to tender and the partial invi­         tation to tender shall be valid only until 30 September
 tations shall be organized in accordance with the rele­         1974 .
 vant provisions of Regulations (EEC) No 2049/69 and
 (EEC) No      100 /72, and in accordance with the                                        Article 7
 following provisions of this Regulation .
                                                                In the case of Ireland and the United Kingdom , dena­
                         Article 3                              turing premiums awarded under a partial invitation to
                                                                tender shall be paid net of the compensatory amount
 The standing invitation to tender shall remain valid           for white sugar fixed in Regulation ( EEC) No 1756/73
 until a date to be determined at a later stage .               in respect of trade between each of those Member
                                                                States and the Community as originally constituted
                         Article 4                              and Denmark .
  1 . A tender shall be valid only if it relates to a quan­
 tity of not less than 10 metric tons of white sugar.                                     Article 8
 2. ■ A tender must include a declaration by the                This Regulation shall enter into force on 5 October
 tenderer whereby he undertakes, should his tender be            1 973 .
                I his Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 4 October 1973 .
                                                                           For tbe Commission
                                                                               The Président
                                                                          François-Xavier ORTOLI