CELEX: 31991R3505
Language: en
Date: 1991-12-03 00:00:00
Title: Commission Regulation (EEC) No 3505/91 of 2 December 1991 opening an invitation to tender for the reduction in the levy on grain sorghum imported from third countries

No L 331 / 12                             Official Journal of the European Communities                                 3 . 12. 91
                                       COMMISSION REGULATION (EEC) No 3505/91
                                                       of 2 December 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,                         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 1992 as provided for in the Agreement ;
                                                                    whereas Article 6 of Regulation (EEC) No 1799/87 should
Having regard to Council Regulation (EEC) No 1799/87                therefore be applied and the quantities for 1991 should be
of 25 June 1987 on special arrangements for imports of              imported during the period 1 January to 30 April 1992 ;
maize and sorghum into Spain from 1987 to 1990 ('), as
amended by Regulation (EEC) No 3391 /91 (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 1990 ; whereas by Decision 91 /30/EEC (3) on the           Whereas the measures provided for in this Regulation are
conclusion of the exchange of letters complementing to              in accordance with the opinion of the Management
                                                                    Committee for Cereals,
abovementioned agreement, the Council approved the
extension of that agreement to 1991 , that extension being
without prejudice 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 1 1
products and certain goods resulting from the processing
of agriculture products originating in the ACP States or in         of Regulation (EEC) No 715/90 shall not apply.
the overseas countries and territories (OCI)(4), as last            3. The invitation to tender shall be open until 19
amended by Regulation (EEC) No 523/91 (*), provides in              December 1991 . During that period, weekly invitations
particular for a reduction of 60 % in the levy applicable           shall be issued with quantities and closing dates as shown
to grain sorghum up to a quota of 100 000 tonnes per                in the 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,
0   OJ  No L  320, 22. 11 . 1991 , p. 1 .                           — the reduction in the import levy proposed, in ecus per
(3) OJ  No L  17, 23 . 1 . 1991 , p. 17.                                 tonne,
(4) OJ  No L  84, 30. 3 . 1990, p. 85.
V) OJ No L 58, 5. 3. 1991 , p. 1 .                                  — the origin of the grain sorghum to be imported.
 ---pagebreak--- 3 . 12. 91                            Official Journal of the European Communities                           No L 331 / 13
3.     Tenders shall be valid only if :                         procedure laid down in Article 26 of Council Regulation
                                                                (EEC) No 2727/75 (4) :
(a) they do not exceed the maximum quantity available
     for each closing date for the submission of applica­       — either to set a maximum reduction in the import levy,
     tions ;                                                         or
(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
     lodge with the competent authority within two days of
     receipt of notification of award as mentioned in           2. The amount of the reduction in the levy awarded in
     Article 4 (2) an application for an import licence for     accordance with paragraph 1 is increased by :
     the quantities awarded together with an application
     for advance fixing of the levy at the reduced rate         — ECU 1,5 per tonne for sorghum imported during the
     proposed in the tender and an application for advan­            month of January 1992,
     cefixing of the Spanish monetary compensatory              — ECU 3 per tonne for sorghum imported during the
     amounts ;
                                                                     month of February 1992,
(d) they are for at least 10 000 tonnes.                        — ECU 4,5 per tonne for sorghum imported during the
                                                                     month of March 1992,
4.     Tenders not meeting the requirements set out in          — ECU 6 per tonne for sorghum imported during the
paragraph 1 , 2 and 3 or incorporating terms other than              month of April 1992.
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
5.     Once submitted, tenders may not be withdrawn.            authority shall notify all tenderers in writing of the
                                                                outcome of their tenders .
                          Article 3
                                                                                           Article 5
 1.    Notwithstanding Article 21 (1 ) of Commission
Regulation (EEC) No 3719/88 (') import licences shall, for       1 . Where the successful tenderer lodges an application
the purposes of determining their term of validity, be          for an import licence as referred to in Article 2 (3) (c)
deemed to have been issued on the closing date for the          within the time limit laid down, a licence shall be issued
submission of tenders.
                                                                for the quantities for which he has been awarded a
                                                                contract.
2.     Import licences issued in connection with awards
made under this invitation to tender shall be valid from 1
                                                                2. Where the undertaking referred to in Article 2 (3) (c)
January to 30 April 1992.                                       is not fulfilled, the tendering security shall be forfeit.
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 6
licences issued under this Regulation.
                                                                 1.    The tendering security shall be released :
4. Notwithstanding Article 9 of Regulation (EEC) No
3719/88, rights conferred by import licences shall not be       (a) where the tender is not accepted ;
transferable.
                                                                (b) where the tenderer provides evidence by means of a
                                                                     sales invoice to a processor or consumer in Spain that
                                                                     the products imported have been processed or used in
                          Article 4                                  Spain ;
1.     On the basis of tenders submitted and forwarded,         (c) where the successful tenderer provides evidence that
the Commission shall decide in accordance with the                   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 .
V) OJ No L 94, 7. 4. 1989, p. 13.
(3) OJ No L 294, 17. 10. 1987, p. 15.                           O OJ No L 281 , 1 . 11 . 1975, p. 1 .
 ---pagebreak--- No L 331 / 14                         Official Journal of the European Communities                                 3 . 12 . 91
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, 2 December 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 3505/91)
                                         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
                                   I
                        4
                                                     I
                        5
                       etc.
                                   I