CELEX: 31991R3249
Language: en
Date: 1991-11-08 00:00:00
Title: Commission Regulation (EEC) No 3249/91 of 7 November 1991 opening an invitation to tender for the reduction in the levy on grain sorghum imported from third countries

No L 307/22                           Official Journal of the European Communities                                 8. 11 . 91
                                      COMMISSION REGULATION (EEC) No 3249/91
                                                     of 7 November 1991
                  opening an invitation to tender for the reduction in the levy on grain sorghum
                                               imported from third countries
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       including in particular rules on the lodging by operators
                                                                   and the release of securities against fulfilment of their
 Having regard to the Treaty establishing the European             obligations, and in particular the obligation to process or
 Economic Community,                                               use the imported product in Spain ;
 Having regard to Council Regulation (EEC) No 1799/87              Whereas the measures provided for in this Regulation are
 of 25 June 1987 on special arrangements for imports of            in accordance with the opinion of the Management
 maize and sorghum into Spain from 1987 to 1990 ('), and           Committee for Cereals,
 in particular Articles 3 (2) and 8 thereof,
Whereas, as part of an agreement with the United States
of America, the Community has undertaken to import a
                                                                  HAS ADOPTED THIS REGULATION :
 certain quantity of grain sorghum into Spain in the years
 1987 to 1990 ; whereas by Decision 91 /30/EEC (2) on the
conclusion of the exchange of letters complementing to
above mentioned agreement, the Council approved the                                         Article 1
extenstion of that agreement to 1991 , that extension
being without prejudice to the rights and obligations              1 . Further to the invitations to tender opened by Regu­
arising from the original agreement ;                             lation (EEC) No 799/91 , an invitation to tender is hereby
                                                                  opened for the reduction in the import levy on grain
Whereas under the said rights and obligations Commis­             sorghum to be imported into Spain.
sion Regulation (EEC) No 799/91 (3), as last amended by
Regulation (EEC) No 981/9"1 (4), opens invitations to             2.     Under this invitation to tender, the reduction in the
tender for the reduction in the levy on imports of the            import levy on grain sorghum provided for in Article 11
quantities outstanding for 1990 ; whereas a closer estimate       of Regulation (EEC) No 715/90 shall not apply grain
of those quantities calls for a further invitation to tender      sorghum to be imported into Spain.
to be opended ;
                                                                  3. The invitation to tender shall be open until 12
Whereas, pursuant to Article 3 (3) of Regulation (EEC) No         December 1991 . During that period, weekly invitations
 1799/87, the levy reduction is to be applied to grain            shall be issued with quantities and closing dates as shown
sorghum imported into Spain under cover of a licence              in the notice of invitation to tender.
valid in that Member State alone ;
Whereas Council Regulation (EEC) No 715/90 of 5
March 1990 on the arrangements applicable to agriculture                                    Article 2
products and certain goods resulting from the processing
of agriculture products originating in the ACP States Or in        1 . Tenders shall be lodged in writing with the compe­
the overseas countries and territories (OCT) (*), as last         tent authority against a receipt or forwarded to that autho­
amended by Regulation (EEC) No 523/91 (*), provides in            rity by telex, telegram or telefax.
particular for a reduction of 60 % in the levy applicable
to grain sorghum up to a quota of 100 000 tonnes per              2.     Tenders shall indicate :
calendar year and of 50 % in excess of that quota ;
                                                                  — the weekly invitation in response to which they are
Whereas, if that benefit is combined with the reduction                made ;
provided for under this Regulation, this is likely to disturb     — the name and exact address of the tenderer, with telex
the Spanish market for cereals ; whereas such combined                 or telefax number,
benefits should be ruled out for the sake of the satisfac­
tory functioning of the invitation to tender ;                    — the type and quantity of the product to be imported ;
                                                                  — the reduction in the import levy proposed, in ecus per
Whereas the specific additional rules required for admin­              tonne ;
istrating the invitation to tender should be laid down,           — the origin of the grain sorghum to be imported ;
(') OJ  No L  170, 30. 6. 1987, p. 1 .                            3.     Tenders shall be valid only if :
0   OJ  No L  17, 23. 1 . 1991 , p. 17.
0   OJ  No L  82, 28. 3. 1991 , p. 24.                            (a) they do not exceed the maximum quantity available
(4) OJ  No L  102, 23. 4. 1991 , p. 14.
0   OJ  No L  84, 30. 3. 1990, p. 85.                                  for each closing date for the submission of applica­
0   OJ  No L  58, 5. 3. 1991 , p. 1 .                                  tions ;
 ---pagebreak---  8 . 11 . 91                           Official Journal of the European Communities                           No L 307/23
 (b) evidence is provided before expiry of the time limit        — to make no awards.
      for submission that the tenderer has lodged a security
      for an amount per tonne equal to that of the reduc­         Where a maximum reduction in the import levy is set,
      tion proposed in the tender ;                               awards shall be made to the tenderer or tenderers offering
                                                                  the maximum or a smaller reduction .
 (c) they are accompanied by a written undertaking to             2.    As soon as the Commission has reached a decision
      lodge with the competent authority within two days of
     receipt of notification of award as mentioned in             as referred to in paragraph 1 , the competent Spanish
     Article 4 (2) an application for an import licence for       authority shall notify all tenderers in writing of the
                                                                 outcome of their tenders.
     the quantities awarded together with an application
     for advance fixing of the levy at the reduced rate
     proposed in the tender and an application for advan­                                   Article 5
     cefixing of the Spanish monetary compensatory
     amounts ;
                                                                  1 . Where the successful tenderer lodges an application
                                                                 for an import licence as referred to in Article 2 (3) (c)
(d) they are for at least 1 000 tonnes.                          within the time limit laid down, a licence shall be issued
                                                                 for the quantities for which he has been awarded a
4. Tenders not meeting the requirements set out in               contract.
 paragraph 1 , 2 and 3 or incorporating terms other than
those provided for in the invitation to tender shall not be      2. Where the undertaking referred to in Article 2 (3) (c)
valid.                                                           is not fulfilled, the tendering security shall be forfeit.
 5.     Once submitted, tenders may not be withdrawn.                                       Article 6
                                                                 1.     The tendering security shall be released :
                          Article J                              (a) where the tender is not accepted ;
                                                                 (b) where the tenderer provides evidence by means of a
 1 . Notwithstanding Article 21 (1 ) of Commission                    sales invoice to a processor or consumer in Spain that
Regulation (EEC) No 3719/88 (') import licences shall, for            the products imported have been processed or used in
the purposes of determining their term of validity, be                Spain ;
deemed to have been issued on the closing date for the
submission of tenders.                                           (c) where the successful tenderer provides evidence that
                                                                      the product imported has become unfit for any use or
2.      Import licences issued in connection with awards             where import cannot be effected for reasons of force
made under this invitation to tender shall be valid from 1            majeure.
January to 29 February 1992.                                     2. Article 33 of Regulation (EEC) No 3719/88 shall
                                                                 apply to securities.
3. Notwithstanding Article 2 (2) of Commission Regu­
lation (EEC) No 891 /89 (2), Article 5 (2) of Commission
Regulation (EEC) No 3105/87 (3) shall apply in respect of                                   Article 7
licences issued under this Regulation.
                                                                 Tenders lodged must be forwarded by the competent
                                                                 Spanish authority to the Commission to arrive not more
4. Notwithstanding Article 9 of Regulation (EEC) No              than two hours after the time limit laid down in the
3719/88, rights conferred by import licences shall not be        notice of invitation to tender. They must be forwarded in
transferable.
                                                                 the form shown in the Annex.
                                                                 Should no tenders be received, Spain shall inform the
                          Article 4                              Commission within the same period as that referred to in
                                                                 the first paragraph.
1.      On the basis of tenders submitted and forwarded,
the Commission shall decide in accordance with the                                          Article 8
procedure laid down in Article 26 of Council Regulation
(EEC) No 2727/75 (4) :                                           The times for the purposes of this Regulation shall be
                                                                 Brussels time.
— either to set a maximum reduction in the import levy,
     or
                                                                                            Article 9
(') OJ No L 331 , 2. 12. 1988, p. 1 .                            This Regulation shall enter into force on the day of its
0 OJ No L 94, 7. 4. 1989, p. 13.
(J) OJ No L 294, 17. 10. 1987, p. 15.                            publication in the Official Journal of the European
h OJ No L 281 , 1 . 11 . 1975, p. 1 .                            Communities.
 ---pagebreak--- No L 307/24                       Official Journal of the European Communities                           8 . 11 . 91
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 7 November 1991 .
                                                                        For the Commission
                                                                          Ray MAC SHARRY
                                                                    Member of the Commission
                                                        ANNEX
          Weekly invitation to tender for the reduction in the levy on grain sorghum imported from third
                                                       countries
                                            (Regulation (EEC) No 3249/91 )
                                     Deadline for submission of tenders (date/time)
                    1                  2                   3                    4               5
             Numbering of          Quantity           Reduction in         MCA fixed          Origin
               tenderers           (tonnes)            import levy         in advance     of the cereals
                    1
                   2
                   3
                                                                     l
                   4
                   5
                                                 \
                  etc.
                             I