CELEX: 31990R0884
Language: en
Date: 1990-04-07 00:00:00
Title: Commission Regulation (EEC) No 884/90 of 5 April 1990 opening an invitation to tender for the reduction in the levy on grain sorghum imported from third countries

7 . 4. 90                             Official Journal of the European Communities                                No L 92/ 15
                                   COMMISSION REGULATION (EEC) No 884/90
                                                       of 5 April 1990
                  opening an invitation to tender for the reduction in the levy on grain sorghum
                                              imported from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European                                       Article 1
Economic Community,
                                                                  1 . An invitation to tender is hereby opened for the
Having regard to Council Regulation (EEC) No 1799/87              reduction in the import levy on grain sorghum to be
of 25 June 1 987 on special arrangements for imports of           imported into Spain.
maize and sorghum into Spain from 1987 to 1990 ('), and
in particular Article 3 (2) and (8) thereof,                     2.     Under this invitation to tender, the reduction in the
                                                                 import levy on grain sorghum provided for in Article 1 1
                                                                 of Regulation (EEC) No 715/90 shall not apply.
Whereas, as part of an agreement with the United States
of America, the Community has undertaken to import a
certain quantity of grain sorghum into Spain in the years        3.     The invitation to tender shall be open until 31 May
1 987 to 1 990 ; whereas, so that this commitment can be          1990. During that period, weekly invitations to tender
met, use should be made of the possibility opened by             shall be issued with quantities and closing dates as shown
                                                                 in the notice of invitation to tender.
Regulation (EEC) No 1799/87 of fixing a reduction in the
import levy on the product in question by invitation to
tender ;
                                                                                            Article 2
Whereas, pursuant to Article 3 (3) of Regulation (EEC) No         1 . Tenders shall be lodged in writing with the compe­
1799/87, the levy reduction in the levy is to be applied to       tent authority against a receipt or forwarded to that autho­
grain sorghum imported into Spain under cover of a                rity by telex, telegram or telefax.
licence valid in that Member State alone ;
                                                                  2.    Tenders shall indicate :
Whereas Council Regulation (EEC) No 715/90 of 5
March 1990 on the arrangements applicable to agriculture         — the weekly invitation in response to which they are
                                                                      made,
products and certain goods resulting from the processing
of agriculture products originating in the ACP States or in      — the name and exact address of the tenderer, with telex
the overseas countries and territories (OCT) (2) provides in          or telefax number,
particular for a reduction of 60 % in the levy applicable        — the type and quantity of the product to be imported,
to grain sorghum up to a quota of 100 000 tonnes per
calendar year and of 50 % in excess of that quota ;              — the reduction in the import levy proposed, in ecus per
whereas, if that benefit is combined with the reduction               tonne,
provided for under this Regulation, this is likely to disturb    — the origin of the grain sorghum to be imported.
the Spanish market for cereals ; whereas such combined
benefits should be ruled out for the sake of the satisfac­
                                                                  3.    Tenders shall be valid only if :
tory functioning of the invitation to tender ;
                                                                 (a) before the closing date for the submission of tenders
                                                                      has expired, evidence is provided that the tenderer has
Whereas specific additional rules required for administe­             lodged a security for an amount per tonne equal to
ring the invitation to tender should be laid down, in parti­          that of the reduction proposed in the tender ;
cular rules on the lodging by operators and the release of
securities against fulfilment of their obligations, and in
particular the obligation to process or use the imported         (b) they are accompanied by a written undertaking to
product in Spain ;                                                    lodge with the competent authority within two days of
                                                                      receipt of notification of award as referred to in Article
                                                                      4 (2) an application for an import licence for the
Whereas the measures provided for in this Regulation are              quantities awarded together with an application for
in accordance with the opinion of the Management                      advance fixing of the levy at the reduced rate
Committee for Cereals,                                                proposed in the tender and an application for advance
                                                                      fixing of the Spanish monetary compensatory
                                                                      amount ;
(') OJ No L 170, 30. 6. 1987, p. 1 .
(*) OJ No L 84, 30. 3. 1990, p. 85.                              (c) they are for at least 1 000 tonnes.
 ---pagebreak--- No L 92/ 16                             Official Journal of the European Communities                                7. 4. 90
4.    Tenders not meeting the requirements set out in             within the time limit laid down, a licence shall be issued
paragraphs 1 , 2 and 3 or incorporating terms other than          for quantities for which he has been awarded a contract.
those provided for in the notice of invitation to tender
shall not be valid.                                               2.    Where the undertaking referred to in Article 2 (3) (b)
                                                                  is not fulfilled, the tendering security shall be forfeit.
5.     Once submitted, tenders may not be withdrawn.
                                                                                           Article 6
                           Article 3
1 . By way of derogation from Article 21 ( 1 ) of                  1.   Tendering securities shall be released :
Commission Regulation (EEC) No 3719/88 ('), as                    (a) where the tender is not accepted ;
amended by Regulation (EEC) No 1 903/89 : (2), import             (b) where the tenderer provides evidence pursuant to
licences shall, for the purpose of determining their term             Articles 6 and 7 of Regulation (EEC) No 301 5/87 (4)
of validity, be deemed to have been issued on the closing             that the product imported has been processed or used
date for the submission of tenders.
                                                                      in Spain ;
2.     Import licences issued in connection with awards           (c) where the successful tenderer provides evidence that
made under this invitation to tender shall be valid from              the product imported has become unfit for any use or
their date of issue as indicated in paragraph 1 to 30 June            where import cannot be effected for reasons or force
1990 .                                                                majeur.
3. By way of derogation from Article 9 of Regulation              2. Article 33 of Regulation (EEC) No 3719/88 shall
(EEC) No 3719/88 , rights conferred by import licences as         apply to securities.
referred to in this Article shall not be transferable.
                                                                                           Article 7
                           Article 4
1.     On the basis of tenders submitted and forwarded,           Tenders lodged must be forwarded by the competent
the Commission shall decide in accordance with the                Spanish authority to the Commission to arrive not more
                                                                  than one and a half hours after the time limit laid down
procedure laid down in Article 26 of Council Regulation
(EEC) No 2727/75 (3) :                                            in the notice of invitation to tender for the lodging of
                                                                  tenders under weekly invitations to tender. They must be
— either to fix a maximum reduction in the import levy,           forwarded in the form shown in the Annex.
    or
— to make no award.                                               Should no tenders be received, Spain shall inform the
                                                                  Commission within the time limit referred to in the first
Where a maximum reduction in the import levy is fixed,            paragraph.
awards shall be made to the tenderer or tenderers offering
the maximum or a smaller reduction.
                                                                                           Article 8
2.     As soon as the Commission has reached a decision
as referred to in paragraph 1 , the competent Spanish             The times laid down in this Regulation shall be Brussels
                                                                  time.
authority shall notify all tenderers in writing of the
outcome of their tenders .
                                                                                           Article 9
                           Article 5
                                                                  This Regulation shall enter into force on the day of its
1 . Where the successful tenderer lodges an application           publication in the Official Journal of the European
for an import licence as referred to in Article 2 (3) (b)          Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 5 April 1990.
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
(') OJ No L 331 , 2. 12. 1988, p. 1 .
(2) OJ No L 184, 30. 6. 1989, p. 22.
(J) OJ No L 281 , 1 . 11 . 1975, p. 1 .                           O OJ No L 294, 17. 10 . 1987, p. 15.
 ---pagebreak--- 7. 4. 90                         Official Journal of the European Communities                           No L 92/ 17
                                                       ANNEX
         weekly invitation to tender for the reduction in the levy on grain sorghum imported from third
                                                      countries
                                     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
                                                 I
                  3
                                                 I
                  4
                                                 I
                  5
                                                 I                   I
                 etc.