Commission Regulation (EC) No 952/2006Show full title

CHAPTER VI U.K. PUBLIC STORAGE

SECTION 1 U.K. Offers for intervention

Article 23 U.K. Offers

1. Offers shall be made in writing to the intervention agency of the Member State on whose territory the sugar offered is located at the time of the offer.

2. Offers shall be eligible only if they are submitted by approved manufacturers in accordance with Articles 7 and 8 for sugar from their quota production for the current marketing year and, at the time of the offer, stored separately in a place of storage approved in accordance with Article 24.

3. Each marketing year Member States may only accept into intervention the maximum quantity indicated for each of them in the [F1 Annex I]. If the offers exceed the maximum quantity, the competent authority of the Member State shall apply a single reduction coefficient to the offers, such that the total quantity accepted is equal to the quantity available.

4. Before the start of each marketing year, the Commission shall amend the quantities laid down in the [F1 Annex I] to this Regulation on the basis of the adjustments referred to in Article 10 of Regulation (EC) No 318/2006 and within the limit of the total quantity laid down in Article 18(2) of that Regulation.

The quantities laid down in the [F1 Annex I] to this Regulation shall be amended, where appropriate, in the last quarter of each marketing year, on the basis of unused quantities in accordance with the procedure referred to in Article 39(2) of Regulation (EC) No 318/2006 and within the limit of the total quantity laid down in Article 18(2) of that Regulation.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 707/2008 of 24 July 2008 amending Regulation (EC) No 952/2006 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.

Article 24 U.K. Approval of the place of storage

1. Approval shall be granted at the manufacturer's request to the intervention agency, to all places of storage which:

(a) are suitable for keeping sugar in good condition;

(b) are situated in a place which provides the transport facilities necessary for removal of the sugar;

(c) allow separate storage of the quantities offered for intervention.

Additional conditions may be imposed by the intervention agencies.

2. Approval of the place of storage shall be granted for storage in bulk or for storage of packaged sugar. It shall fix a quantitative storage limit not exceeding 50 times the daily removal capacity that the applicant undertakes to place at the disposal of the intervention agency. The approval shall indicate the total quantity for which it is given and the daily removal capacity.

3. The sugar must be stored such that it is easily identifiable and accessible. It must be placed on pallets when it is packaged, unless it is packaged in ‘big bags’.

4. Approval shall be withdrawn by the intervention agency where it finds that one of the conditions referred to in paragraphs 1, 2 and 3 is no longer met. Approval may be withdrawn during the marketing year. Withdrawal shall not have retroactive effect.

Article 25 U.K. Minimum sugar quality

1. Sugar offered to intervention shall meet the following requirements:

(a) it must have been produced within a quota during the marketing year in which the offer is made;

(b) it must be in crystal form.

2. White sugar offered to intervention shall be of sound and fair marketable quality, free-flowing, with a moisture content not exceeding 0,06 %.

3. Raw sugar offered to intervention shall be of sound and fair marketable quality with a yield, calculated in accordance with point III of Annex I to Regulation (EC) No 318/2006, of not less than 89 %.

In the case of raw cane sugar, the sugar shall have a safety factor not exceeding 0,30.

In the case of raw beet sugar, the sugar shall have:

• a pH value not less than 7,9 at the time the offer is accepted,

• an invert sugar content not exceeding 0,07 %,

• a temperature which does not entail any risk of deterioration,

• a safety factor not exceeding 0,45 when the degree of polarisation is 97 or above, or a moisture content not exceeding 1,4 % when the degree of polarisation is below 97.

The safety factor shall be determined by dividing the percentage moisture content of the sugar concerned by the difference between 100 and the degree of polarisation of that sugar.

Article 26 U.K. Lots

All sugar offered for intervention shall be put up in lots.

For the purposes of this Section, ‘lot’ means at least 2 000 tonnes of sugar of uniform quality and packing, all of which is stored in the same place.

Article 27 U.K. Content of the offer

1. Offers made to an intervention agency shall indicate:

(a) the name and address of the party making the offer;

(b) the place of storage in which the sugar is stored at the time the offer is made;

(c) the removal capacity guaranteed for the removal of the sugar offered;

(d) the net quantity of sugar being offered;

(e) the nature and quality of the sugar offered, and the marketing year in which it was produced;

(f) the type of packing of the sugar.

2. The intervention agency may require additional information.

3. Offers shall be accompanied by a statement from the parties making the offer certifying that the sugar concerned has not previously been bought in to intervention, that they own the sugar and that it conforms to the requirements laid down in Article 25(1)(a).

Article 28 U.K. Examination of the offers

1. Offers shall remain valid for three weeks from the date of submission. However, they may be withdrawn during that period with the consent of the intervention agency.

2. The intervention agency shall examine offers. It shall accept them not later than the end of the period referred to in paragraph 1. However, the intervention agency shall reject offers if examination shows that any of the requirements have not been met.

SECTION 2 U.K. Storage

Article 29 U.K. Storage contracts

1. Storage contracts to be concluded before acceptance of the offer between parties making offers and the intervention agency shall be concluded for an indefinite period.

Storage contracts shall take effect five weeks after the date of acceptance of the offer and shall expire at the end of the ten-day period during which removal of the quantity of sugar concerned is completed.

For the purposes of this Article, ‘10-day period’ means one of the following periods of a calendar month: from the first to the 10th, from the 11th to the 20th, or from the 21st to the end of the month.

2. Storage contracts shall, in particular:

(a) provide for expiry of the contract under the conditions set out in this Regulation after at least ten days' notice has been given;

(b) specify the amount of the storage costs to be borne by the intervention agency.

3. The intervention agency shall bear the storage costs from the beginning of the 10-day period within which the contract takes effect as referred to in paragraph 2 until the expiry of the contract.

4. Storage costs may not exceed EUR 0,48 per tonne and per 10-day period.

5. Storage contracts shall expire at the end of the removal referred to in Article 50.

Article 30 U.K. Transfer of ownership

1. The transfer of ownership of sugar covered by a storage contract shall take place when the sugar in question is paid for.

2. Up to the time of removal, the seller shall remain responsible for the quality of the sugar referred to in paragraph 1 and for the packing in which the sugar has been accepted by the intervention agency.

Article 31 U.K. Quality and packing standards

1. If it is established that a quantity of the sugar concerned does not conform to the quality requirements set out in Article 25, the seller shall immediately replace that quantity with an equal quantity of sugar of the required quality, stored either in the same place of storage or in another place of storage approved in accordance with Article 24.

2. Where the sugar concerned is stored and it is found that the packing no longer conforms to the specifications, the intervention agency shall require the seller to replace it with packing to the required standard.

SECTION 3 U.K. Conditions for intervention buying-in

Article 32 U.K. Intervention price for and quality of white sugar

1. The intervention price for white sugar shall be:

• EUR 505,52 per tonne in the 2006/07 marketing year,

• EUR 433,20 per tonne in the 2007/08 marketing year,

• EUR 323,52 per tonne in the 2008/09 and 2009/10 marketing years.

2. White sugar shall be classified into four grades as follows:

(a) Grade 1: sugar which is superior in quality to the standard quality;

(b) Grade 2: sugar of the standard quality as defined in point II of Annex I to Regulation (EC) No 318/2006;

(c) Grades 3 and 4: sugar which is inferior in quality to the standard quality.

3. Grade 1 sugar shall have the following characteristics:

(a) sound and fair marketable quality, dry, in homogeneously granulated, free-flowing crystals;

(b) maximum moisture content: 0,06 %;

(c) maximum invert sugar content: 0,04 %;

(d) the number of points shall not exceed a total of eight, or:

• (d) six for the ash content,

• four for the colour type determined according to the method of the Brunswick Institute for Agricultural Technology and the Sugar Industry, hereinafter referred to as the ‘Brunswick Method’,

• three for the solution colour determined according to the ICUMSA Method.

One point shall correspond to:

(a) 0,0018 % ash content determined according to the ICUMSA Method at 28° Brix;

(b) 0,5 unit of colour type determined according to the Brunswick Method;

(c) 7,5 units of solution colour determined according to the ICUMSA Method.

4. Grade 3 sugar shall have the following characteristics:

(a) sound and fair marketable quality, dry, in homogeneously-granulated, free-flowing crystals;

(b) minimum polarisation: 99,7°S;

(c) maximum moisture content: 0,06 %;

(d) maximum invert sugar content: 0,04 %;

(e) colour type: maximum No 6 determined according to the Brunswick Method.

5. Grade 4 sugar shall include sugar not included in Grades 1, 2 and 3.

6. The intervention price fixed in paragraph 1 shall be reduced by:

(a) EUR 7,30 per tonne for Grade 3 sugar;

(b) EUR 13,10 per tonne for Grade 4 sugar.

Article 33 U.K. Intervention price for raw sugar

1. The intervention price for raw sugar shall be:

• EUR 397,44 per tonne in the 2006/07 marketing year,

• EUR 359,04 per tonne in the 2007/08 marketing year,

• EUR 268,16 per tonne in the 2008/09 and 2009/10 marketing years.

2. The intervention price fixed in paragraph 1 shall be:

(a) increased where the yield of the sugar is more than 92 %;

(b) reduced where the yield of the sugar is less than 92 %.

3. The amount of the increase or reduction, expressed in euro per tonne, shall be equal to the difference between the intervention price for raw sugar and the same price multiplied by a coefficient. The coefficient shall be obtained by dividing the yield of the raw sugar concerned by 92 %.

4. The yield of raw sugar shall be calculated in accordance with point III of Annex I to Regulation (EC) No 318/2006.

Article 34 U.K. Payment period

The intervention agency shall make payment no earlier than 120 days from the day on which the offer is accepted, provided the checks to verify the weight and quality of the offered lots have been conducted in accordance with Section 4.

SECTION 4 U.K. Checks

Article 35 U.K. Sample for checking quality

Within the time limit referred to in Article 34, four representative samples shall be taken for analysis either by experts approved by the competent authorities of the Member State concerned or by experts agreed upon by the intervention agency and the seller. One sample shall be given to each of the contracting parties. The other two samples shall be kept by the expert or by a laboratory approved by the competent authorities.

Each sample shall be analysed twice and the mean of the results shall be taken as the result of the analysis of the sample concerned.

Article 36 U.K. Disputes over quality

1. Where there is a difference between the results of the analyses arranged by the seller and the buyer in accordance with Article 35, the arithmetic mean of the two results shall be conclusive for establishing the grade of the sugar concerned if the difference is:

• for Grade 1 sugar, no more than one point for each of the characteristics referred to in Article 32(3)(d),

• for Grade 2 sugar, not greater than two points for each of the characteristics defining that grade which are determined by points.

However, at the request of either of the contracting parties, an arbitral analysis may be carried out by the laboratory referred to in the first paragraph of Article 35. In that case, the arithmetic mean of the result of the arbitral analysis and of the results of the seller's and the buyer's analyses, whichever is closer to the result of the arbitral analysis, shall be adopted.

This mean shall be conclusive for establishing the grade of the sugar concerned. If the result of the arbitral analysis lies midway between the results of the analyses arranged by the seller and the buyer, the arbitral analysis alone shall be conclusive for establishing the grade of the sugar concerned.

2. Where the difference observed between the results of the analyses arranged by the seller and the buyer in accordance with Article 35 is greater than that indicated in the first or second indent of the first subparagraph of paragraph 1 of this Article, as the case may be, an arbitral analysis shall be carried out by a laboratory approved by the competent authorities. In this case, the procedure provided for in the second subparagraph of paragraph 1 of this Article shall apply.

3. For disputes concerning the upper limit for the colour type of Grade 3 sugar, polarisation, moisture content or invert sugar content, the procedure laid down in paragraphs 1 and 2 shall apply.

However, the differences referred to in paragraph 1 shall be replaced by:

• 1,0 unit of colour type for Grade 3 sugar,

• 0,2°S for polarisation,

• 0,02 % for moisture content,

• 0,01 % for invert sugar content.

4. In the event of a dispute between the contracting parties over the yield of the raw sugar bought in following the application of Article 35, an arbitral analysis shall be carried out by the laboratory referred to in the first subparagraph of that Article. In that case, the arithmetic mean of the result of the arbitral analysis and the results of either the seller's or the buyer's analysis, whichever is closer to the result of the arbitral analysis, shall be adopted.

This mean shall be conclusive for establishing the yield of the raw sugar concerned. If the result of the arbitral analysis lies midway between the results of the analyses arranged by the seller and the buyer, the arbitral analysis alone shall be conclusive for establishing the yield of the raw sugar concerned.

5. The costs of an arbitral analysis as referred to in the second subparagraph of paragraph 1 shall be borne by the contracting party requesting the analysis.

The costs of an arbitral analysis as referred to in paragraph 2 shall be shared equally by the intervention agency and the seller.

The costs of an arbitral analysis as referred to in paragraph 3 shall be borne by the contracting party which contested the result of the analysis made under Article 35.

Article 37 U.K. Checks on the places of storage

The competent authority responsible for control shall carry out unannounced checks on the places of storage in accordance with Article 4 of Commission Regulation (EC) No 2148/96(1).

Article 38 U.K. Checks on weight and related costs

1. The experts referred to in Article 35 shall check the weight of the sugar sold.

The seller shall take all steps necessary to allow the experts to check the weight and to take samples.

2. The costs of checking the weight shall be borne by the seller.

3. The cost of the experts who check the weight and do the sampling shall be borne by the intervention agency.

4. The quantity can be established on the basis of the stock accounts, which must meet professional specifications and the intervention agency's requirements, provided that:

(a) the stock records show the weight recorded on weighing and the physical quality characteristics at the time of weighing. The weighing may not have been carried out more than 10 months previously;

(b) the storekeeper declares that the lot offered corresponds in all respects to the details contained in the stock records;

(c) the quality characteristics established at the time of weighing are the same as those of the representative samples.

SECTION 5 U.K. Intervention sales

Article 39 U.K. Sales

1. Intervention agencies may sell sugar only after a decision to this effect has been taken in accordance with the procedure referred to in Article 39(2) of Regulation (EC) No 318/2006.

2. The sale of sugar under the conditions referred to in Article 18(3) of Regulation (EC) No 318/2006 shall be by tendering procedure or by another sales procedure.

3. The terms of the tendering procedure, including the intended use of the sugar to be disposed of, shall be determined when the decision is taken to issue an invitation to tender.

For the purposes of this Section, ‘intended use’ means:

(a) animal feed;

(b) export;

(c) other purposes, to be determined as required.

The purpose of the tendering procedure shall be to determine the selling price, the amount of the denaturing premium or the amount of the export refund, as the case may be.

4. The terms of the tendering procedure must guarantee equal access and treatment for all interested parties irrespective of where in the Community they are established.

Article 40 U.K. Notice of invitation to tender

1. The invitation to tender shall be issued by the intervention agency concerned for the quantities of sugar held by it.

2. Each intervention agency concerned shall draw up an invitation to tender, which it shall publish at least eight days before the beginning of the period for the submission of tenders.

The intervention agency shall send the invitation to tender, and any amendments thereof, to the Commission prior to publication.

3. The invitation shall indicate in particular:

(a) the name and address of the intervention agency issuing the invitation to tender;

(b) the terms of the tendering procedure;

(c) the time limit for submission of tenders;

(d) the lots of sugar put up for tender, and for each lot:

• (d) the reference number,

• the quantity,

• the quality of the sugar concerned,

• the type of packaging,

• the location of the place in which the sugar is stored,

• the delivery stage,

• any facilities at the warehouse for loading onto a means of transport by inland waterway, sea or rail.

For the purposes of this Section, ‘lot’ means a quantity of sugar of uniform quality, packaged in the same way and stored in the same place. The minimum bid for each partial invitation to tender shall be 250 tonnes.

4. The intervention agency shall make such arrangements as it considers necessary to enable interested parties who so request to examine the sugar offered for sale.

Article 41 U.K. Tender

1. Award to successful tenderers shall be equivalent to the conclusion of a sales contract for the quantity of sugar awarded. Award shall be made, as the case may be, on the basis of the following factors contained in the tender:

(a) the price to be paid by the successful tenderer;

(b) the amount of the denaturing premium;

(c) the amount of the export refund.

2. The price to be paid by the successful tenderer shall be:

(a) the price indicated in the tender, in the case of paragraph 1(a);

(b) the price indicated in the terms of the invitation to tender, in the case of paragraph 1(b) and (c).

Article 42 U.K. Terms of the tendering procedure

1. For the purposes of the tendering procedure, the following terms of the tendering procedure shall be determined when the decision is taken to issue an invitation to tender:

(a) the total quantity or quantities put up for tender;

(b) the intended use;

(c) the time limit for submission of tenders;

(d) the price to be paid by the successful tenderer if the sugar is intended for animal feed or for export.

2. Additional terms may be determined in the decision is taken to issue an invitation to tender, in particular:

(a) the minimum price for sugar put up for sale for a purpose other than animal feed or export;

(b) the maximum amount of the denaturing premium or the export refund;

(c) the minimum quantity per tenderer or per lot;

(d) the maximum quantity per tenderer or per lot;

(e) the specific period of validity of the denaturing premium certificate or export licence.

Article 43 U.K. Standing invitation to tender

1. If the situation on the sugar market in the Community so requires, a standing invitation to tender may be issued for the sale of sugar.

During the period of validity of the standing invitation to tender, partial invitations to tender shall be issued.

2. The standing invitation to tender shall be published only for the purpose of issuing it. The invitation as published may be amended or replaced during the period of validity of the standing invitation to tender. It shall be amended or replaced if the terms of the tendering procedure are changed during its period of validity.

Article 44 U.K. Submission of the tender

1. The tenders submitted shall be sent to the intervention agency in electronic form.

2. Tenders shall state:

(a) the reference of the invitation to tender;

(b) the name and address of the tenderer;

(c) the number of the lot;

(d) the quantity tendered for;

(e) per tonne, as appropriate, expressed in euro to two decimal places:

• (e) the price proposed, excluding internal charges,

• the proposed amount of the denaturing premium, or

• the proposed amount of the export refund.

The intervention agency may require additional information.

3. A tender concerning several lots shall be deemed to contain as many tenders as the lots it concerns.

4. Tenders shall not be valid unless:

(a) proof is supplied before expiry of the time limit for submission of tenders that the tendering security of EUR 200 per tonne of sugar has been lodged;

(b) they include a declaration by the tenderer undertaking, for any quantity of sugar awarded for either a denaturing premium or an export refund:

• (b) to apply for a denaturing premium certificate and to lodge the security required in that connection, where the tendering procedure relates to sugar intended for animal feed,

• to apply for an export licence and to lodge the security required in that connection, where the tendering procedure relates to sugar intended for export.

5. A tender may stipulate that it is to be treated as submitted only if the award:

(a) relates to all or a specified part of the quantity indicated in the tender;

(b) is made not later than a time and date specified by the tenderer.

6. Tenders not submitted in accordance with paragraphs 1, 2, 3, 4 and 5, or containing terms other than those indicated in the invitation to tender, shall not be taken into consideration.

7. Once submitted, a tender may not be withdrawn.

Article 45 U.K. Examination of tenders

1. Tenders shall be examined in private session by the intervention agency. Persons present at the examination shall be sworn to secrecy.

2. The Commission shall be informed without delay of the tenders submitted.

Article 46 U.K. Fixing amounts

Where the terms of the tendering procedure do not specify either a minimum price or a maximum amount for the denaturing premium or the export refund, these shall be fixed in accordance with Article 39(2) of Regulation (EC) No 318/2006 after the tenders have been examined, in the light of market conditions and potential outlets. However, a decision may be taken to make no award.

Article 47 U.K. Award of the tender

1. Except where a decision is taken to make no award under a tendering procedure or a partial tendering procedure, and without prejudice to paragraphs 2 and 3 of this Article, the award shall be made to any tenderer whose tender is not less than the minimum price or more than the maximum amount of the denaturing premium or the export refund.

2. For any one lot, the award shall be made to the tenderer who proposes either the highest price or the lowest amount of the denaturing premium or the export refund.

If the lot is not completely accounted for by that tender, the remainder shall be awarded to other tenderers depending on the amount of their tender, starting with either the next highest price or the next lowest denaturing premium or export refund.

3. If several tenderers propose either the same price or the same amount for the denaturing premium or the export refund for one lot or part of a lot, the intervention agency shall award the quantity concerned by one of the following means:

(a) in proportion to the quantities indicated in the tenders in question;

(b) by dividing that quantity between the tenderers in agreement with them;

(c) by the drawing of lots.

Article 48 U.K. Rights and obligations arising from awards

1. If the sugar is intended for animal feed, awards shall:

(a) confer the right to the issue of a certificate for the quantity for which the denaturing premium is awarded, showing in particular the denaturing premium specified in the tender;

(b) entail the obligation to apply for such a certificate for that quantity to the intervention agency to which the tender was submitted.

2. If the sugar is intended for export, awards shall:

(a) confer the right to the issue of an export licence for the quantity for which the export refund is awarded, showing in particular the export refund and, in the case of white sugar, the grade specified in the invitation to tender;

(b) entail the obligation to apply for such a licence for that quantity and, in the case of white sugar, that grade, to the intervention agency to which the tender was submitted.

3. Rights shall be exercised and obligations fulfilled within 18 days following expiry of the time limit for submission of tenders.

4. Rights and obligations arising from awards shall not be transferable.

Article 49 U.K. Statement of award

1. The intervention agency shall immediately send statements of award to the successful tenderers and notify all tenderers of the outcome of their participation in the tendering procedure.

2. Statements of award shall indicate at least:

(a) the procedure to which the tender relates;

(b) the number of the lot and the quantity awarded;

(c) the price, the amount of the denaturing premium or the amount of the export refund, as the case may be, accepted for the quantity awarded.

Article 50 U.K. Removal of the sugar purchased

1. Except in cases of force majeure, the sugar purchased shall be removed from storage not later than four weeks following the date on which the statement of award referred to in Article 49 is received. Instead of removing the sugar from storage, the successful tenderer may agree with the intervention agency to conclude a storage contract within that time with the warehouser of the sugar concerned.

However, the intervention agency may if necessary allow a longer period for removing particular lots from storage where there are technical difficulties regarding removal from storage.

2. In cases of force majeure, the intervention agency shall determine the measures necessary in view of the circumstances invoked by the successful tenderer.

Article 51 U.K. Removal order

1. The successful tenderer may not remove the purchased sugar from storage or conclude a storage contract under Article 50(1) until a removal order is issued for the quantity awarded.

However, removal orders may be issued for parts of that quantity.

Removal orders shall be issued by the intervention agency concerned at the request of the interested party.

2. The intervention agency shall not issue a removal order unless it is proved that the successful tenderer has either lodged a security to guarantee payment of the price for the sugar awarded within the time laid down, or provided a negotiable instrument.

The security or negotiable instrument shall correspond to the price to be paid by the successful tenderer for the quantity of sugar for which a removal order has been requested.

Article 52 U.K. Payment

1. The payment for the sugar awarded must be made to the intervention agency's account not later than the 30th day following the issue of a removal order.

2. Except in cases of force majeure, the security referred to in Article 51(2) shall be released only for the quantity for which the successful tenderer has paid the purchase price to the account of the intervention agency within the time limit referred to in paragraph 1 of this Article. The security shall be released immediately.

3. In cases of force majeure, the intervention agency shall determine the measures necessary in view of the circumstances invoked by the successful tenderer.

Article 53 U.K. Transfer of ownership

1. Ownership of sugar awarded under a tendering procedure shall be transferred when the sugar is removed from storage.

2. However, the intervention agency and the successful tenderer may agree to ownership being transferred at another stage. Where the intervention agency and the successful tenderer have reached an agreement under Article 50(1), they may determine jointly at what stage the transfer of ownership is to take place.

3. Agreement on the transfer of ownership shall be valid only if it is concluded in writing.

Article 54 U.K. Determining the grade or yield

Articles 35 and 36 shall apply for the purposes of determining the grade or yield of the sugar concerned when it is removed from storage.

However, the contracting parties may agree, after the award has been made, that the grade or yield determined when the sugar was bought in by the intervention agency shall apply to the sugar sold under the tendering procedure.

Article 55 U.K. Adjustment of the price of sugar

1. Where application of Articles 35 and 36 establishes that white sugar is of a grade lower than that indicated in the invitation to tender, the price for that sugar intended for the uses referred to in points (b) and (c) of the second subparagraph of Article 39(3) shall be adjusted in accordance with Article 32(6).

2. If it is found that white sugar intended for export is of a grade other than that indicated in the invitation to tender, the grade shown in the export licence shall be corrected.

3. Where application of Articles 35 and 36 establishes that the yield of raw sugar is other than that indicated in the invitation to tender:

(a) the price of the sugar shall be adjusted in accordance with Article 33;

(b) the amount of the denaturing premium or export refund shall be adjusted by multiplying it by a coefficient equal to the yield established divided by the yield indicated in the invitation to tender.

Article 56 U.K. Release of the security

1. Except in cases of force majeure, the tendering security shall be released only for the quantity for which:

(a) either the successful tenderer has:

• (a) applied, after fulfilling the requirements, for either a denaturing premium certificate or an export licence,

• lodged the security or provided the negotiable instrument referred to in Article 51(2),

• has removed the sugar from storage within the time limit laid down,

(b) or no award is made.

2. The security shall be released immediately.

3. In cases of force majeure, the intervention agency shall determine the measures necessary in view of the circumstances invoked by the successful tenderer.

Article 57 U.K. Notifications of quantities

Member States shall notify to the Commission, as soon as they know them, the quantities of white sugar and of raw sugar:

• offered but not yet accepted by the intervention agency;

• accepted by the intervention agency;

• sold by the intervention agency.

(1)

OJ L 288, 9.11.1996, p. 6.