31973R2711

5 . 10 . 73 No L 279 / 23 Official Journal of the European Communities

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 procedure for determining denaturing premiums Having regard to the Treaty establishing the European which relate closely to the market situation , and at the Economic Community ; 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 . ment Committee for Sugar, (3) OJ No L 1 99 , 1 9 . 7 . 1 973 , p. 7 . (•*) 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 .

No L 279 / 24 5 . 10 . 73 Official Journal of the European Communities

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 response to each of the partial invitations have been 2. The white sugar in respect of which a denaturing 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 lation ( EEC) No 100/72, denaturing premium certifi­ Article 2 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 1974 . tations shall be organized in accordance with the rele­ 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 Article 8 tity of not less than 10 metric tons of white sugar.

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