31977R1320

No L 152/ 18 21 . 6. 77 Official Journal of the European Communities

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 Whereas experience has shown that the most suitable sugar being made available for denaturing ; whereas, methods should be sought to ensure that denatured in beekeeping, sugar is the only feedingstuff for which sugar is used for the purpose intended ; whereas this there is no substitute ; whereas, therefore, a certain aim can be achieved by increasing the responsibility quantity of the sugar denatured could be used for of the person entitled to the denaturing premium, by feeding to bees ; means of a provision making him liable to repay the premiums already received ; whereas the control measures to be taken by the Member States should be Whereas an invitation to tender ensures equality of reinforced and provision should be made for coopera­ access and treatment to all interested persons in the tion between the bodies responsible for supervising Community ; whereas this would accordingly seem to intra-Community trade in denatured sugar ; be the most appropriate procedure for determining 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 Whereas the Management Committee for Sugar has premiums ; not delivered an opinion within the time limit set by its chairman , (!) OJ No L 359, 31 . 12. 1974, p. 1 . (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.

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 (a) brought forward by one hour in the United for the purpose of determining the premiums for Kingdom and in Ireland during the period in white sugar for animal feed. The total amount avail­ 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 Article 5 the feeding of bees. It shall be denatured by one of 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 in which the tenderer is resident or has his registered must be used for the purpose laid down in paragraph 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 3. Where two or more tenders propose the same provided for in Article 6 has not been complied with denaturing premiums, and, if they were accepted in the Member State which paid the premium shall their totality, the amount specified in Article 1 ( 1 ) require the person who was entitled to the denaturing would be exceeded, the amount available shall be premium to repay it. 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 Article 8 and shall expire on Wednesday, 29 June 1977 at 9-30

a.m . By way of derogation from Article 25 of Regulation (EEC) No 100/72, the following provisions shall apply 2. If the total amount of the denaturing premiums to the dispatch of denatured white sugar from one awarded under the invitation to tender provided for in 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 This certificate shall be numbered and shall show at end of the preceding period, and least the following : (b) shall end on the Wednesday of the following week (a) the date and place of denaturing ; at 9-30 a.m . (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 ;

No L 152/20 21 . 6 . 77 Official Journal of the European Communities

(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 the information contained in Section 31 of the (d) the gross and net weights of the sugar ; 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 entered in the box 'description of goods' on the Inter­ This certificate shall be kept by the customs office of national Consignment Note (CIM) or the Interna­ departure. 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 necessary steps to ensure that, by 30 November at the 'Denatured sugar intended for feeding bees, Regula­ latest, the denatured sugar has been used for the tion (EEC) No 1320/77.' pupose specified in Article 1 (2). 'Sucre dénaturé destiné à 1 alimentation des abeilles, 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

return it. 'Gedenatureerde suiker bestemd voor de voeding van 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 1977 . to in point (f) paragraph 1 .

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 .