# Commission Regulation (EC) No 1059/2007 of 14 September 2007 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, Spain, Italy, Hungary, Slovakia and Sweden, Article 4

Extent: E+W+S+N.I.

1. The Commission shall fix per Member State concerned the minimum sale price 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. For intervention sugar which is not of the standard quality, Member States shall adjust the actual sale price by way of application mutatis mutandis of, respectively, Article 32(6) and Article 33 of Regulation (EC) No 952/2006.
3. Where an award at a minimum 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 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; or
(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 sale 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.

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Source: https://www.legislation.gov.uk/eur/2007/1059/article/4 (the official version)
Page: https://openlegislation.uk/eu-regulation-2007-1059/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.