Regulation (EEC) No 2049/69 of the Council of 17 October 1969 laying down general rules on the denaturing of sugar for animal feed

REGULATION (EEC) No 2049/69 OF THE COUNCIL  of 17 October 1969  laying down general rules on the denaturing of sugar for animal feed
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community;
Having regard to Council Regulation No 1009/67/EEC (1) of 18 December 1967 on the common organisation of the market in sugar, as last amended by Regulation (EEC) No 1398/69, (2) and in particular Article 9 (7) thereof;
Having regard to the proposal from the Commission;
Whereas Article 9 (2) of Regulation No 1009/67/EEC allows intervention agencies to grant denaturing premiums for sugar rendered unfit for human consumption;
Whereas, to prevent a premium being paid in respect of sugar not used for feed, there should be provisions to ensure that it is used for the purpose intended and that denatured sugar which has benefited from a premium can be used for animal feed only ; whereas it might be desirable to specify that the denatured sugar should be used as feed for certain types of animal;
Whereas denaturing could offer an outlet for the Community's sugar surpluses ; whereas, if increased account is to be taken of the market situation, provision should be made for premiums to be fixed not only in a uniform manner for the whole Community but also by means of a tendering procedure which could be decided upon in accordance with the procedure laid down in Article 40 of Regulation No 1009/67/EEC ; whereas it is necessary to specify that denaturing premiums may only be fixed under certain conditions;
Whereas, if denaturing premiums are to be fixed in a uniform manner, objective criteria must be laid down which would take the most rational use, given the situation on the sugar market and the competitive position of sugar vis-Ă -vis other feeding-stuffs for which it can be substituted, and the economic aspects of the proposed denaturing into account;
Whereas the tendering system must be simultaneously and uniformly applied by all Member States;
Whereas it would be in line with the purpose of an invitation to tender to fix a maximum amount for the premium and, where appropriate, a maximum quantity per tenderer ; whereas provision should be made for the possibility of not proceeding with the invitation to tender;
Whereas, to ensure that the tendering procedure operates smoothly, submission of a tender must be made subject to the lodging of a deposit;
Whereas denaturing is an adequate means of disposing of certain qualities of sugar only, and in particular sugar of a sound and fair marketable quality ; whereas it is therefore essential in principle to confine the granting of a premium to sugar possessing at least these characteristics ; whereas, in the case of raw sugar, there should be provision for adapting the premium in view of the differences in yield;
Whereas, in view of the particular situation in certain Member States, provision should be made for the possibility of a Member State granting a denaturing premium for sugar denatured on the territory of another Member State;
Whereas it is necessary to oblige interested parties to lodge a deposit to ensure that denaturing will take place during the period of validity of the denaturing premium certificate;
Whereas there should be provision to cover the possibility of Italy having recourse to the special provisions of Article 23 (2) of Council Regulation No  (1)OJ No 308, 18.12.1967, p. 1. (2)OJ No L 179, 21.7.1969, p. 13.
120/67/EEC (1) of 13 June 1967 on the common organisation of the market in cereals, as last amended by Regulation (EEC) No 1398/69 (2) ; whereas, to maintain the balance of intra-Community trade, it is necessary to offset the incidence of these special measures by a system of delivery subsidies and taxes on export;