
Article 1 
The intervention agencies of Belgium, the Czech Republic, Ireland, Spain, Italy, Hungary, Slovakia and Sweden shall offer for sale by standing invitation to tender for industrial use a maximum total quantity of 477 924 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 January 2008 and shall end on 9 January 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:
— 30 January 2008,
— 13 and 27 February 2008,
— 12 and 26 March 2008,
— 9 and 23 April 2008,
— 7 and 28 May 2008,
— 11 and 25 June 2008,
— 9 and 23 July 2008,
— 6 and 27 August 2008,
— 10 and 24 September 2008.
2. 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.
3. Tenders shall be lodged with the intervention agency holding the sugar as set out in Annex I.
4. 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 laid down in Annex II.
When no tenders are submitted, the Member State shall communicate this to the Commission within the same time limit.
Article 4 

1. The Commission shall fix per Member State concerned the minimum selling price for each partial invitation to tender or decide not to accept the tenders in accordance with the procedure referred to in Article 39(2) of Regulation (EC) No 318/2006.
2. The available quantity for a lot shall be reduced by the quantities awarded the same day for that lot by Regulation (EC) No 1059/2007.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.
3. 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, in the form laid down 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 him its 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 overdeclared 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 
In Annex I to Regulation (EC) No 1059/2007, the row concerning Spain is replaced by the following:
'
Spain 
Fondo Español de Garantia AgrariaC/Beneficencia, 8E-28004 MadridTel. (34) 91 347 64 66Fax (34) 91 347 63 97
 42 084'
Article 9 
Regulation (EC) No 1060/2007 is amended as follows:

((a)) In Article 4(2), the first subparagraph is replaced by the following:
'The available quantity for a lot shall be reduced by the quantities awarded the same day for that lot by Regulation (EC) No 1059/2007 and Regulation (EC) No 1476/2007.'
((b)) In Annex I the row concerning Spain is replaced by the following:
'
Spain 
Fondo Español de Garantia AgrariaC/Beneficencia, 8E-28004 MadridTel. (34) 91 347 64 66Fax (34) 91 347 63 97
 42 084'
Article 10 
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, 13 December 2007.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
ANNEX I
Member State Intervention agency Maximum quantities held by the intervention agency(in tonnes)
Belgium 
Bureau d’intervention et de restitution belge/Belgisch Interventie- en Restitutiebureau (BIRB)Rue de Trèves, 82/Trierstraat 82B-1040 Bruxelles/B-1040 BrusselTél. (32-2) 287 24 11Fax (32-2) 287 25 24
 10 648
Czech Republic 
Státní zemědělský intervenční fondOddělení pro cukr a škrobVe Smečkách 33CZ-11000 PRAHA 1Tel.: (420) 222 871 427Fax: (420) 222 871 875
 30 687
Ireland 
Intervention SectionOn Farm InvestmentSubsidies & storage DivisionDepartment of Agriculture & FoodJohnstown Castle EstateWexfordTel. (353-53) 63437Fax (353-91) 42843
 12 000
Spain 
Fondo Español de Garantia AgrariaC/Beneficencia, 8E-28004 MadridTel. (34) 913 47 64 66Fax (34) 913 47 63 97
 9 873
Italy 
AGEA — Agenzia per le erogazioni in AgricolturaUfficio ammassi pubblici e privati e alcoolVia Torino, 4500185 RomaTel. (39-06) 49 49 95 58Fax (39-06) 49 49 97 61
 282 916
Hungary 
Mezőgazdasági és Vidékfejlesztési Hivatal (MVH)(Agricultural and Rural Development Agency)Soroksári út 22–24.HU-1095 BudapestTel.: (36-1) 219 45 76Fax: (36-1) 219 89 05 or (36-1) 219 62 59
 41 443
Slovakia 
Pôdohospodárska platobná agentúraOddelenie cukru a ostatných komodítDobrovičova 12SK – 815 26 BratislavaTel.: (421-4) 58 24 32 55Fax: (421-2) 53 41 26 65
 34 000
Sweden 
Statens jordbruksverkVallgatan 8S-551 82 JönköpingTfn (46-36) 15 50 00Fax (46-36) 19 05 46
 56 357
ANNEX II

1 2 3 4 5
Member State selling intervention sugar Numbering of tenderers Lot No Quantity(t) Tender priceEUR/100 kg
 1   
 2   
 3   
 etc.   

ANNEX III

1 2
Member State selling intervention sugar Quantity actually sold (in tonnes)
 
