CELEX: 32006R0022
Language: en
Date: 2006-01-09
Title: Commission Regulation (EC) No 22/2006 of  9 January 2006  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, Spain, France, Ireland, Italy, Hungary, Poland, Slovakia and Sweden

10.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 5/3
            
         
      COMMISSION REGULATION (EC) No 22/2006
   of 9 January 2006
   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, Spain, France, Ireland, Italy, Hungary, Poland, Slovakia and Sweden
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in the sugar sector (1), and in particular Article 9(3) thereof,
   Whereas:
   
               (1)
            
            
               Belgium, the Czech Republic, Spain, France, Ireland, Italy, Hungary, Poland, Slovakia and Sweden have intervention stocks of sugar. In order to respond to market needs, it is appropriate to make these stocks available on the internal market.
            
         
               (2)
            
            
               Commission Regulation (EC) No 1262/2001 of 27 June 2001 laying down detailed rules for implementing Council Regulation (EC) No 1260/2001 as regards the buying in and sale of sugar by intervention agencies (2) should apply to such a sale.
            
         
               (3)
            
            
               However, Article 22(2) and (3) of Regulation (EC) No 1262/2001 providing for the publication of the invitation of tender in the ‘C’ series of the Official Journal of the European Union at least 10 days before the period for submission of tenders expires should not apply as Member States have difficulties for the translation into all Community languages and this will create unnecessary delays in the sales of their intervention sugar. Furthermore, Article 28(1)(a) of the said Regulation provides for a tendering security of EUR 0,73 per 100 kilograms. For the sale of intervention sugar on the internal market, the security lodged by the tenderer should be brought in line with the intervention price. As a consequence, Article 28(1)(a) should not apply.
            
         
               (4)
            
            
               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.
            
         
               (5)
            
            
               The intervention agencies of Belgium, the Czech Republic, Spain, France, Ireland, Italy, Hungary, Poland, Slovakia and Sweden should communicate the tenders to the Commission. The tenderers should remain anonymous.
            
         
               (6)
            
            
               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
   The intervention agencies of Belgium, the Czech Republic, Spain, France, Ireland, Italy, Hungary, Poland, Slovakia and Sweden shall offer for sale by standing invitation to tender on the Community internal market a total quantity of 1 009 124 tonnes of sugar accepted into intervention and available for sale on the internal market. The Member States concerned and the quantities involved are laid down in Annex I.
   Article 2
   1.   The tenders and the sales provided for in Article 1 shall take place in accordance with Regulation (EC) No 1262/2001, except as otherwise provided by this Regulation.
   2.   By way of derogation from Article 22(2) and (3) of Regulation (EC) No 1262/2001, each intervention agency concerned shall draw up a notice of invitation to tender and publish it at least eight days before the beginning of the period for the submission of tenders.
   The notice shall indicate, in particular, the terms of the invitation to tender.
   The notice, and all changes to it, shall be forwarded to the Commission before publication.
   Article 3
   The minimum bid for each partial invitation to tender shall be 250 tonnes.
   Article 4
   1.   The period during which tenders may be submitted in response to the first partial invitation to tender shall begin on 26 January 2006 and shall end on 1 February 2006 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 15 February 2006,
            
         
               —
            
            
               on 1, 15 and 29 March 2006,
            
         
               —
            
            
               on 5 and 19 April 2006,
            
         
               —
            
            
               on 3, 17 and 31 May 2006,
            
         
               —
            
            
               on 7, 14, 21 and 28 June 2006.
            
         2.   Tenders shall be lodged with the intervention agency holding the sugar as laid down in Annex I.
   Article 5
   By way of derogation from Article 28(1)(a) of Regulation (EC) No 1262/2001, a tendering security of EUR 20 per 100 kg of sugar shall be lodged by each tenderer.
   Article 6
   The intervention agencies concerned shall communicate to the Commission tenders submitted within two hours from the expiry of the deadline for the submissions laid down in Article 4(1).
   The tenderers shall not be identified.
   Tenders submitted shall be communicated in electronic form according to be the model laid down in the Annex II.
   When no tenders are submitted, the Member State shall communicate this to the Commission within the same time limit.
   Article 7
   1.   The Commission shall fix per Member State concerned the minimum sale price or decide not to accept the tenders in accordance with the procedure referred to in Article 42(2) of Regulation (EC) No 1260/2001.
   2.   Where an award at a minimum price set pursuant to paragraph 1 would result in the available quantity for that Member State 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
            
         
               (b)
            
            
               by apportionment among the tenderers concerned by reference to a maximum tonnage fixed for each of them; or
            
         
               (c)
            
            
               by drawing of lots.
            
         Article 8
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 9 January 2006.
      
         
            For the Commission
         
         Mariann FISCHER BOEL
         
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).
   
      (2)  OJ L 178, 30.6.2001, p. 48. Regulation amended by Regulation (EC) No 1498/2005 (OJ L 240, 16.9.2005, p. 39).
   
      ANNEX I
      Member States holding intervention sugar
      
                  Member State
               
               
                  Intervention Agency
               
               
                  Quantities held by the intervention agency and available for the sale on the internal market
               
            
                  Belgium
               
               
                  
                              Bureau d’intervention et de restitution belge
                           
                        
                              Rue de Trèves, 82
                           
                        
                              B-1040 Bruxelles
                           
                        
                              Tel. (32-2) 287 24 11
                           
                        
                              Fax (32-2) 287 25 24
                           
                        
               
                  100 539
               
            
                  Czech Republic
               
               
                  
                              Státní zemědělský intervenční fond
                           
                        
                              Oddělení pro cukr a škrob
                           
                        
                              Ve Smečkách 33
                           
                        
                              CZ-11000 Praha 1
                           
                        
                              Tel. 420 222 871 886
                           
                        
                              Fax 420 296 806 404
                           
                        
               
                  13 000
               
            
                  Spain
               
               
                  
                              Fondo Español de Garantía Agraria
                           
                        
                              C/Beneficencia, 8
                           
                        
                              E-28004 Madrid
                           
                        
                              Tel. (34-91) 347 64 66
                           
                        
                              Fax (34-91) 347 63 97
                           
                        
               
                  8 300
               
            
                  France
               
               
                  
                              Fonds d’intervention et de régularisation du marché du sucre
                           
                        
                              Bureau de l’intervention
                           
                        
                              21, avenue Bosquet
                           
                        
                              F-75007 Paris
                           
                        
                              Tél. (33) 144 18 23 37
                           
                        
                              Fax (33) 144 18 20 08
                           
                        
               
                  20 000
               
            
                  Ireland
               
               
                  
                              Intervention Section
                           
                        
                              On Farm Investment
                           
                        
                              Subsidies & storage Division
                           
                        
                              Department of Agriculture & Food
                           
                        
                              Johnstown Castle Estate
                           
                        
                              Wexford
                           
                        
                              Tel. (353) 536 34 37
                           
                        
                              Fax (353) 534 28 41
                           
                        
               
                  12 000
               
            
                  Italy
               
               
                  
                              AGEA — Agenzia per le erogazioni in Agricoltura
                           
                        
                              Ufficio ammassi pubblici e privati e alcool
                           
                        
                              Via Torino, 45
                           
                        
                              00185 Roma
                           
                        
                              Tel. (39) 06 49 49 95 58
                           
                        
                              Fax (39) 06 49 49 97 61
                           
                        
               
                  571 111
               
            
                  Hungary
               
               
                  
                              Mezőgazdasági és Vidékfejlesztési Hivatal (MVH)
                           
                        
                              (Agricultural and Rural Development Agency)
                           
                        
                              Soroksári út 22-24
                           
                        
                              H-1095 Budapest
                           
                        
                              Tel. (36-1) 219 62 13
                           
                        
                              Fax (36-1) 219 89 05 or (36-1) 219 62 59
                           
                        
               
                  110 500
               
            
                  Poland
               
               
                  
                              Agencja Rynku Rolnego
                           
                        
                              Biuro Cukru
                           
                        
                              Dział Dopłat i Interwencji
                           
                        
                              Nowy Świat 6/12
                           
                        
                              00-400 Warszawa
                           
                        
                              Tel. (48) 226 61 71 30
                           
                        
                              Fax (48) 226 61 72 77
                           
                        
               
                  94 636
               
            
                  Slovakia
               
               
                  
                              Pôdohospodárska platobná agentúra
                           
                        
                              Oddelenie cukru a ostatných komodít
                           
                        
                              Dobrovičova, 12
                           
                        
                              SK-81526 Bratislava
                           
                        
                              Tel. (421-2) 58 24 32 55
                           
                        
                              Fax (421-2) 58 24 33 62
                           
                        
               
                  20 000
               
            
                  Sweden
               
               
                  
                              Statens jordbruksverk
                           
                        
                              Vallgatan 8
                           
                        
                              S-55182 Jönköping
                           
                        
                              Tel. (46-36) 15 50 00
                           
                        
                              Fax (46-36) 19 05 46
                           
                        
               
                  59 038
               
            
   
      ANNEX II
      Standing invitation to tender for the resale of sugar held by the intervention agencies
      
         Form (1)
         
      
      Model for the communication to the Commission as referred to in Article 6
      
         (Regulation (EC) No 22/2006)
      
      
                  1
               
               
                  2
               
               
                  3
               
               
                  4
               
               
                  5
               
            
                  Member State selling intervention sugar
               
               
                  Numbering of tenderers
               
               
                  Lot No
               
               
                  Quantity
                  (t)
               
               
                  Tender price
                  EUR/100 kg
               
            
                   
               
               
                  1
               
               
                   
               
               
                   
               
               
                   
               
            
                   
               
               
                  2
               
               
                   
               
               
                   
               
               
                   
               
            
                   
               
               
                  3
               
               
                   
               
               
                   
               
               
                   
               
            
                   
               
               
                  etc.
               
               
                   
               
               
                   
               
               
                   
               
            
         (1)  To be faxed to the following number: (32-2) 292 10 34.