(1)

Article 39(1) of Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system (2) provides that the intervention agencies may sell sugar only after a decision to that effect has been adopted by the Commission.

(2)

Such a decision was taken by Commission Regulation (EC) No 1060/2007 of 14 September 2007 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Slovakia and Sweden (3). Under that Regulation, tenders may be submitted for the last time between 11 and 24 September 2008.

(3)

It is foreseeable that intervention stocks of sugar will continue to exist in most of the Member States concerned after expiry of that last possibility to submit tenders. In order to respond to the continued market needs, it is, therefore, appropriate to open a further standing invitation to tender to make these stocks available for export.

(4)

Community exports to certain close destinations and to third countries granting Community products a preferential import treatment are currently in a particular favourable competitive position. In order to prevent any abuse associated with the reimport or reintroduction into the Community of sugar sector products that have qualified for export, sugar made available under the above standing invitation to tender should not be made available for export to those destinations.

(5)

For the marketing year 2008/09, no budget has been allocated to export refunds for sugar. Therefore, it is necessary to derogate from the procedures laid down under Regulation (EC) No 952/2006 insofar as they were designed for a situation in which export refunds would be paid.

(6)

To allow comparison of tender prices for sugar of different qualities, the tender price should refer to sugar of the standard quality as defined in Part B of Annex IV to Regulation (EC) No 1234/2007.

(7)

The intervention agencies of Belgium, the Czech Republic, Ireland, Italy, Hungary, Slovakia and Sweden should communicate the tenders to the Commission. The tenderers should remain anonymous.

(8)

Pursuant to Article 42(2)(c) of Regulation (EC) No 952/2006, it is appropriate to fix a minimum quantity per tenderer or per lot.

(9)

To take account of the situation on the Community market, provision should be made for the Commission to fix a minimum selling price for each partial invitation to tender.

(10)

The minimum selling price refers to sugar of the standard quality. Provision should be made to adjust the selling price in cases where the sugar is not of this quality.

(11)

The quantities available for a Member State that can be awarded when the Commission fixes the minimum selling price should take into account the quantities awarded pursuant to Commission Regulation (EC) No 877/2008 of 9 September 2008 opening a standing invitation to tender for the resale on the Community market of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Italy, Hungary, Slovakia and Sweden (4) and Commission Regulation (EC) No 878/2008 of 9 September 2008 opening a standing invitation to tender for the resale for industrial use of sugar held by the intervention agencies of Belgium, the Czech Republic, Ireland, Italy, Hungary, Slovakia and Sweden (5).

(12)

For the same reason as the one set out in recital 5 above, the export licence issued in accordance with Article 48(2)(a) of Regulation (EC) No 952/2006 cannot specify the export refund.

(13)

Pursuant to Article 42(2)(e) of Regulation (EC) No 952/2006, it is appropriate to determine the period of validity of the export licences.

(14)

To ensure that the quantities awarded pursuant to this Regulation are exported, the security to be lodged when applying for an export licence should be set at a dissuasive level to avoid any risk of these quantities being used for other purposes.

(15)

In order to ensure proper management of sugar in storage, provision should be made for a communication from the Member States to the Commission on the quantities actually sold and exported.

(16)

The second paragraph of Article 59 of Regulation (EC) No 952/2006 provides that Commission Regulation (EC) No 1262/2001 (6) continues to apply to sugar accepted into intervention before 10 February 2006. However, for the resale of intervention sugar, this distinction is unnecessary and its implementation would create administrative difficulties for the Member States. It is therefore appropriate to exclude the application of Regulation (EC) No 1262/2001 to the resale of intervention sugar pursuant to this Regulation.

(17)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

(a)

third countries: Andorra, Liechtenstein, the Holy See (Vatican City State), Croatia, Bosnia and Herzegovina, Montenegro, Albania, the former Yugoslav Republic of Macedonia, and Serbia, as well as Kosovo under UNSC Resolution 1244/99;

(b)

territories of EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

(c)

European territories for whose external relations a Member State is responsible not forming part of the customs territory of the Community: Gibraltar.