10.9.2008 Official Journal of the European Union L 241/3 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 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agri- cultural markets and on specific provisions for certain agri- cultural products (), and in particular Article 43(d) in conjunction with Article 4 thereof, Whereas: 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 (?) provides that the intervention agencies may sell sugar only after a decision to that effect has been adopted by the Commission. Such a decision was taken by 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, Spain, Ireland, Italy, Hungary, Slovakia and Sweden (*). Under that Regu- lation, tenders may be submitted for the last time between 10 and 24 September 2008. 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 on the internal market. To allow comparison of tender prices for sugar of different qualities, the tender price should refer to sugar 299, 16.11.2007, p. 1. oJL 0] L 178, 1.7.2006, p. 39. oL 242, 15.9.2007, p. 3. (10) (1) of the standard quality as defined in Part B of Annex IV to Regulation (EC) No 1234/2007. 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. 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. 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. 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. In order to ensure proper management of sugar in storage, provision should be made for a communication from the Member States on the quantities actually sold. The second paragraph of Article 59 of Regulation (EC) No 952/2006 provides that Commission Regulation (EC) No 1262/2001 (* continues to apply to sugar accepted into intervention before 10 February 2006. However, for the resale of intervention sugar, this distinction is unne- cessary and its implementation would create administra- tive difficulties for the Member States. It is therefore appropriate to exclude the application of Regulation (EC) No 12622001 to the resale of intervention sugar. The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, ( O L 178, 30.6.2001, p. 48. Regulation repealed by Regulation (EC) No 952/2006.