CELEX: 31993R0068
Language: en
Date: 1993-01-16 00:00:00
Title: Commission Regulation (EEC) No 68/93 of 15 January 1993 opening an invitation to tender for the reduction in the levy on grain sorghum imported from third countries

16. 1 . 93                                Official Journal of the European Communities                              No L 10/9
                                       COMMISSION REGULATION (EEC) No 68/93
                                                        of 15 January 1993
                   opening an invitation to tender for the reduction in the levy on grain sorghum
                                                 imported from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         obligations, and in particular the obligation to process or
                                                                    use the imported product in Spain ;
Having regard to the Treaty establishing the European               Whereas it is impossible for all the quantities of maize
Economic Community,                                                 and grain sorghum concerned to be imported into Spain
                                                                    by 28 February 1993 as provided for in the Agreement ;
                                                                    whereas Article 6 of Regulation (EEC) No 1 799/87 should
Having regard to Council Regulation (EEC) No 1799/87                therefore be applied and the quantities for 1992 should be
of 25 June 1987 on special arrangements for imports of              imported during the period 1 January to 30 April 1993 ;
maize and sorghum into Spain from 1987 to 1992 ('), as
last amended by Regulation (EEC) No 3875/92 (2), and in             Whereas, with a view to avoiding any disturbances on the
particular Articles 3 (2) and 8 thereof,                            Spanish market, the staggering of imports until the
                                                                    month of April should be facilitated ; whereas the reduc­
Whereas, as part of an agreement with the United States             tion in the levy should, for that purpose, be increased by
of America, the Community has undertaken to import a                the amount of the monthly increases ;
certain quantity of grain sorghum into Spain in the years
1987 to 1992 ; whereas by Regulation (EEC) 3919/91 (3)              Whereas the measures provided for in this Regulation are
extending the measures taken under the abovementioned               in accordance with the opinion of the Management
                                                                    Committee for Cereals,
agreement, the Council approved the extension of that
agreement to 1992, that extension being without preju­
dice to the rights and obligations arising from the original
agreement ;                                                         HAS ADOPTED THIS REGULATION :
Whereas, pursuant to Article 3 (3) of Regulation (EEC) No                                     Article 1
1799/87, the levy reduction is to be applied to grain
sorghum imported into Spain under cover of a licence                 1 . An invitation to tender is hereby opened for the
valid in that Member State alone ;                                  reduction in the import levy on grain sorghum to be
                                                                    imported into Spain.
Whereas Council Regulation (EEC) No 715/90 of 5                     2.     Under this invitation to tender, the reduction in the
March 1990 on the arrangements applicable to agriculture            import levy on grain sorghum provided for in Article 11
products and certain goods resulting from the processing            of Regulation (EEC) No 715/90 shall not apply.
of agriculture products originating in the ACP States or in
the overseas countries and territories (OCT) (4), as last           3 . The invitation to tender shall be open until 1 April
amended by Regulation (EEC) No 523/91 (*), provides in               1993. During that period, weekly invitations shall be
particular for a reduction of 60 % in the levy applicable           issued with quantities and closing dates as shown in the
to grain sorghum up to a quota of 1 00 000 tonnes per               notice of invitation to tender.
calendar year and of 50 % in excess of that quota ;
                                                                                              Article 2
Whereas, if that benefit is combined with the reduction
provided for under this Regulation, this is likely to disturb        1 . Tenders shall be lodged in writing with the compe­
the Spanish market for cereals ; whereas such combined              tent authority against a receipt or forwarded to that autho­
benefits should be ruled out for the sake of the satisfac­
                                                                    rity by telex, telegram or telefax.
tory functioning of the invitation to tender ;
                                                                    2.     Tenders shall indicate :
Whereas specific additional rules required for admin­               — the weekly invitation in response to which they are
istrating the invitation to tender should be laid down,                  made,
including in particular rules on the lodging by operators           — the name and exact address of the tenderer, with telex
and the release of securities against fulfilment of their
                                                                         or telefax number,
(') OJ  No L  170, 30. 6. 1987, p. 1 .
                                                                    — the type and quantity of the product to be imported,
O   OJ  No L  391 , 31 . 12. 1992, p. 1 .                           — the reduction in the import levy proposed, in ecus per
0   OJ  No L  372, 31 . 12. 1991 , p. 35.                                tonne,
(4) OJ  No L  84, 30. 3. 1990, p. 85.
0   OJ  No L  58 , 5. 3. 1991 , p. 1 .                              — the origin of the grain sorghum to be imported.
 ---pagebreak---  No L 10/ 10                            Official Journal of the European Communities                                16. 1 . 93
 3.     Tenders shall be valid only if :                                                      Article 4
 (a) they do not exceed the maximum quantity available              1.    On the basis of tenders submitted and forwarded,
      for each closing date for the submission of applica­          the Commission shall decide in accordance with the
      tions ;                                                      procedure laid down in Article 26 of Council Regulation
                                                                   (EEC) No 2727/75 (4):
 (b) evidence is provided before expiry of the time limit
      for submission that the tenderer has lodged a security       — either to set a maximum reduction in the import levy,
      for an amount per tonne equal to that of the reduc­               or
      tion, proposed in the tender ;
                                                                   — to make no awards .
 (c) they are accompanied by a written undertaking to              Where a maximum reduction in the import levy is set,
      lodge with the competent authority within two days of        awards shall be made to the tenderer or tenderers offering
      receipt of notification of award as mentioned in              the maximum or a smaller reduction .
      Article 4 (2) an application for an import licence for
      the quantities awarded together with an application
      for advance fixing of the levy at the reduced rate           2. The amount of the reduction in the levy awarded in
      proposed in the tender and an application for advance        accordance with paragraph 1 is increased by :
      fixing of the Spanish monetary compensatory
      amounts ;                                                    — ECU 1,5 per tonne for sorghum imported during the
                                                                        month of January 1993,
 (d) they are for at least 10 000 tonnes.                          — ECU 3,0 per tonne for sorghum imported during the
                                                                        month of February 1993,
                                                                   — ECU 4,5 per tonne for sorghum imported during the
 4. Tenders not meeting the requirements set out in                     month of March 1993 .
 paragraph 1 , 2 and 3 or incorporating terms other than
 those provided for in the invitation to tender shall not be
 valid.                                                            3.    As soon as the Commission has reached a decision
                                                                   as referred to in paragraph 1 , the competent Spanish
                                                                   authority shall notify all tenderers in writing of the
                                                                   outcome of their tenders.
 5.     Once submitted, tenders may not be withdrawn.
                                                                                              Article 5
                           Article 3
                                                                   1.    Where the successful tenderer lodges an application
                                                                   for an import licence as referred to in Article 2 (3) (c)
 1 . Notwithstanding Article 21 (1 ) of Commission                 within the time limit laid down, a licence shall be issued
 Regulation (EEC) No 3719/88 (') import licences shall, for        for the quantities for which he has been awarded a
                                                                   contract.
 the purposes of determining their term of validity, be
 deemed to have been issued on the closing date for the
 submission of tenders.                                            2. Where the undertaking referred to in Article 2 (3) (c)
                                                                   is not fulfilled, the tendering security shall be forfeit.
 2.     Import licences issued in connection with awards
 made under this invitation to tender shall be valid from
                                                                                              Article 6
 the date on which they are issued within the meaning of
 paragraph 1 , until 30 April 1993.
                                                                   1.    The tendering security shall be released :
 3. Notwithstanding Article 2 (2) of Commission Regu­             (a) where the tender is not accepted ;
 lation (EEC) No 891 /89 (2), Article 5 (2) of Commission
 Regulation (EEC) No 3105/87 (3) shall apply in respect of        (b) where the tenderer provides evidence by means of a
licences issued under this Regulation.                                 sales invoice to a processor or consumer in Spain that
                                                                       the products imported have been processed or used in
                                                                       Spain ;
4. Notwithstanding Article 9 of Regulation (EEC) No
3719/88, rights conferred by import licences shall not be         (c) where the successful tenderer provides evidence that
transferable.                                                          the product imported has become unfit for any use or
                                                                       where import cannot be effected for reasons of force
                                                                       majeure.
(') OJ No L 331 , 2. 12. 1988, p. 1 .
0 OJ No L 94, 7. 4. 1989, p. 13.
(■») OJ No L 294, 17. 10. 1987, p. 15.                            (4) OJ No L 281 , 1 . 11 . 1975, p. 1 .
 ---pagebreak--- 16. 1 . 93                             Official Journal of the European Communities                                No L 10/ 11
2.    Article 33 of Regulation (EEC) No 3719/88 shall                 Should no tenders be received, Spain shall inform the
apply to securities.                                                  Commission within the same period as that referred to in
                                                                      the first paragraph.
                                                                                              Article 8
                             Article 7                                The times for the purposes of this Regulation shall be
                                                                      Brussels time.
Tenders lodged must be forwarded by the competent                                             Article 9
Spanish authority to the Commission to arrive not more
than two hours after the time limit laid down in the                  This Regulation shall enter into force on the day of its
notice of invitation to tender. They must be forwarded in             publication in the Official Journal of the European
the form shown in the Annex.                                          Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 15 January 1993.
                                                                                For the Commission
                                                                                  Rene STEICHEN
                                                                           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 68/93)
                                           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.