CELEX: 31991R0799
Language: en
Date: 1991-03-28 00:00:00
Title: Commission Regulation (EEC) No 799/91 of 27 March 1991 opening an invitation to tender for the reduction in the levy on grain sorghum imported from third countries

No L 82/24                                Official Journal of the European Communities                                 28 . 3 . 91
                                      COMMISSION REGULATION (EEC) No 799/91
                                                        of 27 March 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,                         Whereas the specific additional rules required for admi­
                                                                    nistrating the invitation to tender should be laid down,
                                                                    including in particular rules on the lodging by operators
Having regard to the Treaty establishing the European               and the release of securities against fulfilment of their
Economic Community,                                                 obligations, and in particular the obligation to process or
                                                                    use the imported product in Spain ;
Having regard to Council Regulation (EEC) No 1799/87
of 25 June 1987 on special arrangements for imports of              Whereas the measures provided for in this Regulation are
maize and sorghum into Spain from 1987 to 1990 ('), and             in accordance with the opinion of the Management
in particular Articles 3 (2) and 8 thereof,                         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 by Decision 91 /30/EEC (2) on the
conclusion of the exchange of letters complementing to                                        Article 1
above mentioned agreement, the Council approved the
extenstion of that agreement to 1991 , that extension                1 . Further to the invitations to tender opened by Regu­
being without prejudice to the rights and obligations               lation (EEC) No 3181 /90, an invitation to tender is hereby
arising from the original agreement ;                               opened for the reduction in the import levy on grain
                                                                    sorghum to be imported into Spain.
Whereas under the said rights and obligations Commis­
                                                                    2.     Under this invitation to tender, the reduction in the
sion Regulation (EEC) No 3181 /90 (3) opens invitations to
tender for the reduction in the levy on imports of the              import levy on grain sorghum provided for in Article 11
quantities outstanding for 1 990 ; 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 25 April
                                                                     1991 . During that period, weekly invitations shall be
Whereas, pursuant to Article 3 (3) of Regulation (EEC) No           issued with quantities and closing dates as shown in the
 1799/87, the levy reduction is to be applied to grain              notice of invitation to tender.
sorghum imported into Spain under cover of a licence
valid in that Member State alone ;
                                                                                              Article 2
Whereas Council Regulation (EEC) No 715/90 of 5                      1 . Tenders shall be lodged in writing with the compe­
March 1990 on the arrangements applicable to agriculture            tent authority against a receipt or forwarded to that autho­
products and certain goods resulting from the processing            rity by telex, telegram or telefax.
of agriculture products originating in the ACP States or in
the overseas countries and territories (OCT)(4), as last            2.     Tenders shall indicate :
amended by Regulation (EEC) No 523/91 (2), provides in
particular for a reduction of 60 % in the levy applicable           — the weekly invitation in response to which they are
to grain sorghum up to a quota of 1 00 000 tonnes per                    made ;
calendar year and of 50 % in excess of that quota ;                 — the name and exact address of the tenderer, with telex
                                                                         or telefax number,
Whereas, if that benefit is combined with the reduction             — the type and quantity of the product to be imported ;
provided for under this Regulation, this is likely to disturb
                                                                    — the reduction in the import levy proposed, in ecus per
the Spanish market for cereals ; whereas such combined                   tonne ;
benefits should be ruled out for the sake of the satisfac­
tory functioning of the invitation to tender ;                      — the origin of the grain sorghum to be imported ;
                                                                     3.    Tenders shall be valid only if :
(') OJ No  L  170, 30. 6. 1987, p. 1 .
0   OJ No  L  17, 23. 1 . 1991 , p. 17.                             (a) they do not exceed the maximum quantity available
0   OJ No  L  304, 1 . 11 . 1990, p. 68 .
(4) OJ No  L  84, 30. 3. 1990, p. 85.                                    for each closing date for the submission of applica­
(j OJ No L 58, 5. 3. 1991 , p. 1 .                                       tions ;
 ---pagebreak--- 28 . 3 . 91                               Official Journal of the European Communities                            No L 82/25
(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
(d) they are for at least 1 000 tonnes.                             for an import licence as referred to in Article 2 (3) (c)
                                                                    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 3
                                                                    (a) where the tender is not accepted ;
 1 . Notwithstanding Article 21 ( 1 ) of Commission                 (b) where the successful tenderer provides proof in
Regulation (EEC) No 3719/88 (') import licences shall, for              accordance with Articles 6 and 7 of (EEC) No 3105/87
the purposes of determining their term of validity, be                  that the product imported has been processed or used
deemed to have been issued on the closing date for the                  in Spain ;
submission of tenders.
                                                                    (c) where the successful tenderer provides proof 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                majeure.
the date on which they are issued within the meaning of
paragraph 1 , until 30 April 1991 .                                 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                                      Article 7
Regulation (EEC) No 3105/87 (3) shall apply in respect of
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
O   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 .
0   OJ   No L 294, 17. 10 . 1987, p . 15.                           publication in the Official Journal of the European
(4) OJ   No L 281 , 1 . 11 . 1975, p. 1 .                           Communities.
 ---pagebreak--- No L 82/26                    Official Journal of the European Communities                        28 . 3 . 91
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 27 March 1991 .
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission
 ---pagebreak--- 28 . 3 . 91                         Official Journal of the European Communities                           No L 82/27
                                                           ANNEX
            Weekly invitation to tender for the reduction in the levy on grain sorghum imported from third
                                                           countries
                                                (Regulation (EEC) No 799/91 )
                                        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
                               I                    I
                     3
                               I
                     4
                               I
                     5
                               I
                    etc.
                               I