
Article 1 
The intervention agencies of Belgium, the Czech Republic, Ireland, Italy, Hungary, Slovakia and Sweden listed in Annex I shall offer for sale by standing invitation to tender for industrial use a maximum total quantity of 345 539 tonnes of sugar accepted into intervention and available for sale for industrial use.
The maximum quantities involved per Member State are set out in Annex I.
Article 2 

1. The period during which tenders may be submitted in response to the first partial invitation to tender shall begin on 1 October 2008 and shall end on 15 October 2008 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:
— 29 October 2008,
— 12 and 26 November 2008,
— 3 and 17 December 2008,
— 7 and 28 January 2009,
— 11 and 25 February 2009,
— 11 and 25 March 2009,
— 15 and 29 April 2009,
— 13 and 27 May 2009,
— 10 and 24 June 2009,
— 1 and 15 July 2009,
— 5 and 26 August 2009,
— 9 and 23 September 2009.
2. The tender price shall refer to white sugar and raw sugar of the standard quality as defined in Part B of Annex IV to Regulation (EC) No 1234/2007.
3. The minimum quantity of the tender per lot referred to in Article 42(2)(c) of Regulation (EC) No 952/2006 shall be 100 tonnes, unless the available quantity for that lot is less than 100 tonnes. In such cases the available quantity must be tendered.
4. Tenders shall be lodged with the intervention agency holding the sugar as set out in Annex I to this Regulation.
5. Tenders may be submitted only by processors within the meaning of Article 2(d) of Regulation (EC) No 967/2006.
Article 3 
The intervention agencies concerned shall communicate to the Commission tenders submitted within two hours after the expiry of the deadline for the submissions laid down in Article 2(1).
The tenderers shall not be identified.
Tenders submitted shall be communicated in electronic form according to the model set out in Annex II.
When no tenders are submitted, the Member State shall communicate this to the Commission within the time limit fixed in the first paragraph.
Article 4 

1. The Commission shall fix per Member State concerned the minimum selling price or decide not to accept the tenders in accordance with the procedure referred to in Article 195 of Regulation (EC) No 1234/2007.
2. For intervention sugar which is not of the standard quality, Member States shall adjust the actual selling price by way of application mutatis mutandis of, respectively, Article 32(6) and Article 33 of Regulation (EC) No 952/2006. In this context, the reference, in Article 32 of Regulation (EC) No 952/2006, to Annex I to Council Regulation (EC) No 318/2006 shall be interpreted as a reference to Part B of Annex IV to Regulation (EC) No 1234/2007.
3. The available quantity for a lot shall be reduced by the quantities awarded the same day for that lot by Regulation (EC) No 877/2008.Where an award at a minimum selling price set pursuant to paragraph 1 would result in the available quantity for the Member State concerned 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 selling 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;
(b) by apportionment among the tenderers concerned by reference to a maximum tonnage fixed for each of them; or
(c) by drawing of lots.
4. On the fifth working day at the latest after the Commission fixes the minimum selling price, the intervention agencies involved shall communicate to the Commission, according to the model set out in Annex III, the quantity actually sold by partial invitation to tender.
Article 5 

1. Articles 11, 12 and 13 of Regulation (EC) No 967/2006 shall apply mutatis mutandis to processors in respect of the quantities of sugar awarded under this Regulation.
2. At the request of the successful tenderer, the competent authority of the Member State which granted his approval as processor within the meaning of Article 2(d) of Regulation (EC) No 967/2006 may permit a quantity, in white sugar equivalent, of sugar produced under quota to be used for the purposes of production of the products referred to in the Annex to Regulation (EC) No 967/2006 in place of the same quantity, in white sugar equivalent, of intervention sugar awarded. The competent authorities of the Member States concerned shall coordinate checks and monitoring of such an operation.
Article 6 

1. Each successful tenderer shall supply proof, to the satisfaction of the competent authorities of the Member State, that the quantity awarded by a partial invitation to tender has been used for the purposes of production of the products referred to in the Annex to Regulation (EC) No 967/2006 and in accordance with the approval referred to in Article 5 of Regulation (EC) No 967/2006. This proof shall consist of the computerised recording in the records during or at the end of the production process of the quantities of the products concerned.
2. If processors have not supplied the proof referred to in paragraph 1 by the end of the fifth month following the month of award, they shall pay, for each day of delay, a sum of EUR 5 per tonne of the quantity concerned.
3. If processors have not supplied the proof referred to in paragraph 1 by the end of the seventh month following the month of award, the quantity concerned shall be considered to be over-declared for the purposes of applying Article 13 of Regulation (EC) No 967/2006.
Article 7 
By way of derogation from the second paragraph of Article 59 of Regulation (EC) No 952/2006, Regulation (EC) No 1262/2001 shall not apply to the resale, as referred to in Article 1 of this Regulation, of sugar accepted into intervention before 10 February 2006.
Article 8 
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply from 1 October 2008. It shall expire on 31 March 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 9 September 2008.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
ANNEX I
Member State Intervention agency Quantities held by the intervention agency and available for the sale on the internal market(in tonnes)
Belgium 
Bureau d’intervention et de restitution belgeRue de Trèves, 82B-1040 BruxellesTél. (32-2) 287 24 11Fax (32-2) 287 25 24
Belgisch Interventie- en RestitutiebureauTrierstraat 82B-1040 BrusselTel. (32-2) 287 24 11Fax (32-2) 287 25 24
 9 360
Czech Republic 
Státní zemědělský intervenční fondOddělení pro cukr a škrobVe Smečkách 33110 00 PRAHA 1Tel.: (420) 222 87 14 27Fax: (420) 222 87 18 75
 30 687
Ireland 
Intervention SectionOn Farm InvestmentSubsidies & Storage DivisionDepartment of Agriculture & FoodJohnstown Castle EstateWexfordTel. (353) 5363437Fax (353) 9142843
 12 000
Italy 
AGEA — Agenzia per le erogazioni in agricolturaUfficio ammassi pubblici e privati e alcoolVia Palestro, 81I-00185 RomaTel. (39) 06 49 49 95 58Fax (39) 06 49 49 97 61
 225 014
Hungary 
Mezőgazdasági és Vidékfejlesztési Hivatal (MVH)Soroksári út 22–24.H-1095 BudapestTel. (36-1) 219 45 76Fax: (36-1) 219 89 05 vagy (36-1) 219 62 59
 21 650
Slovakia 
Pôdohospodárska platobná agentúraOddelenie cukru a ostatných komoditDobrovičova, 12SK – 815 26 BratislavaTel. (421-2) 57 512 415Fax (421-2) 53 412 665
 34 000
Sweden 
Statens jordbruksverkVallgatan 8S-551 82 JönköpingTfn (46-36) 15 50 00Fax (46-36) 19 05 46
 12 762
ANNEX II
Member State selling intervention sugar Numbering of tenderers Lot No Quantity(t) Tender priceEUR/100 kg
1 2 3 4 5
 1   
 2   
 3   
 etc.   
ANNEX III
Member State selling intervention sugar Quantity actually sold (in tonnes)
1 2
 