CELEX: 31990R3181
Language: en
Date: 1990-11-01 00:00:00
Title: Commission Regulation (EEC) No 3181/90 of 30 October 1990 opening an invitation to tender for the reduction in the levy on grain sorghum imported from third countries

No L 304/68                           Official Journal of the European Communities                                  1 . 11 . 90
                                  COMMISSION REGULATION (EEC) No 3181/90
                                                     of 30 October 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,                      the quantities remaining from 1990 may take place
                                                                 during the period from 1 January to 30 April 1991 ;
Having regard to the Treaty establishing the European            Whereas, with a view to avoiding any disturbances on the
Economic Community,                                              Spanish market, the staggering of imports until the
                                                                 month of April should be facilitated ; whereas the reduc­
                                                                 tion in the levy should, for that purpose, be increased by
Having regard to Council Regulation (EEC) No 1799/87             the amount of the monthly increases ;
of 25 June 1987 on special arrangements for imports of
maize and sorghum into Spain from 1987 to 1990 ('), and
in particular Article 3 (2) and (8) thereof,                     Whereas the measures provided for in this Regulation are
                                                                 in accordance with the opinion of the Management
                                                                 Committee for Cereals,
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, so that this commitment can be
met, use should be made of the possibility opened by                                        Article 1
Regulation (EEC) No 1799/87 of fixing a reduction in the
import levy on the product in question by invitation to           1 . An invitation to tender is hereby opened for the
tender ;
                                                                 reduction in the import levy on grain sorghum to be
                                                                  imported into Spain.
Whereas, pursuant to Article 3 (3) of Regulation (EEC) No
 1799/87, the reduction in the levy is to be applied to           2.     Under this invitation to tender, the reduction in the
grain sorghum imported into Spain under cover of a                import levy on grain sorghum provided for in Article 1 1
licence valid in that Member State alone ;                        of Regulation (EEC) No 715/90 shall not apply.
                                                                  3 . The invitation to tender shall be open until 20
Whereas Council Regulation (EEC) No 715/90 of 5                   December 1990. During that period, weekly invitations to
March 1990 on the arrangements applicable to agriculture          tender shall be issued with quantities and closing dates as
products and certain goods resulting from the processing          shown in the notice of invitation to tender.
of agriculture products originating in the ACP States or in
the overseas countries and territories (OCT) (2) provides in
particular for a reduction of 60 % in the levy applicable                                   Article 2
to grain sorghum up to a quota of 100 000 tonnes per
calendar year and of 50 % in excess of that quota ;               1 . Tenders shall be lodged in writing with the compet­
whereas, if that benefit is combined with the reduction
                                                                  ent authority against a receipt or forwarded to that author­
 provided for under this Regulation, this is likely to disturb    ity by telex, telegram or telefax.
 the Spanish market for cereals ; whereas such combined
 benefits should be ruled out for the sake of the satisfac­
                                                                  2.     Tenders shall indicate :
 tory functioning of the invitation to tender ;
                                                                  — the weekly invitation in response to which they are
                                                                       made,
 Whereas specific additional rules required for administer­
 ing the invitation to tender should be laid down, in parti­      — the name and exact address of the tenderer, with telex
 cular rules on the lodging by operators and the release of            or telefax number,
 securities against fulfilment of their obligations, and in       — the type and quantity of the product to be imported,
 particular the obligation to process or use the imported
 product in Spain ;                                               — the reduction in the import levy proposed, in ecus per
                                                                       tonne,
                                                                  — the origin of the maize to be imported.
 Whereas, with a view to facilitating the marketing of the
 Community production, it was agreed with representatives          3.    Tenders shall be valid only if :
 of the United States of America that the importation of
                                                                   (a) they do not exceed the maximum quantity available
 (') OJ No L 170, 30. 6. 1987, p. 1 .                                  for each closing date for the submission of applica­
 0 OJ No L 84, 30. 3. 1990, p. 85.                                     tions :
 ---pagebreak--- 1 . 11 . 90                            Official Journal of the European Communities                            No L 304/69
(b) evidence is provided before expiry of the time limit         — ECU 4,5 per tonne for sorghum imported during the
     for submission that the tenderer has lodged a security           month of February 1991 ,
     for an amount per tonne equal to that of the reduc­         — ECU 6 per tonne for sorghum imported during the
     tion proposed in the tender ;                                    month of March 1991 ,
(c) they are accompanied by a written undertaking to             — ECU 7,5 per tonne for sorghum imported during the
     lodge with the competent authority within two days of            month of April 1991 .
     receipt of notification of award as mentioned in
     Article 4 (3) an application for an import licence for      3.     As soon as the Commission has reached a decision
     the quantities awarded together with an application         as referred to in paragraph 1 , the competent Spanish
     for advance fixing of the levy at the reduced rate          authority shall notify all tenderers in writing of the
     proposed in the tender and an application for advance       outcome of their tenders.
     fixing of the Spanish monetary compensatory
     amounts ;
                                                                                            Article 5
(d) they are for at least 10 000 tonnes.
                                                                  1 . Where the successful tenderer lodges an application
4. Tenders not meeting the requirements set out in                for an import licence as referred to in Article 2 (3) (b)
 paragraphs 1 , 2 and 3 or incorporating terms other than        within the time limit laid down, a licence shall be issued
 those provided for in the notice of invitation to tender         for the quantities for which a contract has been awarded.
 shall not be valid.
                                                                  2. Where the undertaking referred to in Article
 5.     Once submitted, tenders may not be withdrawn.             2 (3) (b) is not fulfilled, the tendering security shall be
                                                                  forfeit.
                           Article 3                                                        Article 6
 1 . By way of derogation from Article 21 (1 ) of                 1.    Tendering securities shall be released :
 Commission Regulation (EEC) No 3719/88 ('), import               (a) where the tender is not accepted ;
 licences shall, for the purposes of determining their term
 of validity, be deemed to have been issued on the closing        (b) where the tenderer provides evidence by means of a
 date for the submission of tenders.                                  sales invoice to a processor or consumer in Spain that
                                                                      the products imported have been processed or used in
                                                                      Spain ;
 2.     Import licences issued in connection with awards
 made under this invitation to tender shall be valid from         (c) where the successful tenderer provides evidence that
 1 January to 30 April 1991 .                                         the product imported has become unfit for any use or
                                                                      where import cannot be effected for reasons of force
 3. By way of derogation from Article 9 of Regulation                  majeure.
 (EEC) No 3719/88 , rights conferred by import licences as        2.    Article 33 of Regulation (EEC) No 3719/88 shall
 referred to in this Article shall not be transferable.
                                                                  apply to securities.
                           Article 4                                                        Article 7
 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 two hours after the time limit laid down in the
 procedure laid down in Article 26 of Council Regulation
 (EEC) No 2727/75 (2) :                                           notice of invitation to tender for the lodging of tenders
                                                                  under weekly invitation. They must be forwarded in the
 — either to set a maximum reduction in the import levy,          form shown in the Annex.
     or
                                                                  Should no tenders be received, Spain shall inform the
 — to make no award.                                              Commission within the time limit referred to in the first
                                                                  paragraph.
 Where a maximum reduction in the import levy is set,
 awards shall be made to the tenderer or tenderers offering
 the maximum or a smaller reduction.                                                        Article 8
 2. The amount of the reduction in the levy awarded in            The times laid down in this Regulation shall be Brussels
                                                                  time.
 accordance with paragraph 1 is increased by :
 — ECU 3 per tonne for sorghum imported during the                                          Article 9
      month of January 1991 ,
                                                                  This Regulation shall enter into force on the day of its
 0) OJ No L 331 , 2. 12. 1988, p. 1 .                             publication in the Official Journal of the European
 0 OJ No L 281 , 1 . 11 . 1975, p. 1 .                             Communities.
 ---pagebreak--- No L 304/70                    Official Journal of the European Communities                        1 . 11 . 90
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 30 October 1990.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission
 ---pagebreak--- 1 . 11 . 90                         Official Journal of the European Communities                           No L 304/71
                                                           ANNEX
            Weekly invitation to tender for the reduction in the levy on grain sorghum imported from third
                                                          countries
                                               (Regulation (EEC) No 3181 /90)
                                       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
                     4
                     5
                    etc.