31988R3537

15 . 11 . 88 No L 309/30 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3537/88 of 14 November 1988 opening a standing invitation to tender for the resale on the Community market of 112 000 tonnes of sorghum held by the Spanish intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 3333/88 0» should apply to verification of satisfactory utilization of the cereals ;

Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation are Economic Community, in accordance with the opinion of the Management Committee for Cereals,

Having regard to Council Regulation (EEC) No 1799/87 of 25 June 1987 on special arrangements for imports of maize and sorghum into Spain from 1987 to 1990 ('), and in particular Article 4 (2) thereof, HAS ADOPTED THIS REGULATION :

Whereas pursuant to Article 4 of Regulation (EEC) No Article 1 1799/87 the Spanish intervention agency has purchased 300 000 tonnes of sorghum on the world market ; The Spanish intervention agency shall sell by tender on the Spanish market 112 000 tonnes of sorghtim purchased Whereas 188 000 tonnes of sorghum was sold on the pursuant to Article 4 (1 ) of Regulation (EEC) No 1799/87, internal market ; whereas it is advisable, in the light of the situation on the market in fodder in Spain, to put up for The sale shall be operated in accordance with the terms sale on \he internal market the remaining quantities of of this Regulation and with those of Titles I and III of sorghum held by the Spanish intervention agency and to Regulation (EEC) No 1836/82. lay down the conditions applicable to that sale ;

Whereas the provisions of Commission Regulation (EEC) Article 2 No 1836/82 of 7 July 1982 laying down the procedure and conditions for the disposal of cereals held by 1 . Tenderers shall undertake to process or use in Spain intervention agencies (2), as last amended by Regulation not later than 30 June 1989 any products that they are (EEC) No 2418/87 (3), will ensure that the requirements of awarded, unless prevented from doing so by force Article 4 (2) of Regulation (EEC) No 1799/87 are met and majeure. constitute a suitable framework for operation of the tendering procedure ; 2. Successful tenderers shall lodge security of 20 ECU per tonne with the Spanish intervention agency against discharge of the obligation mentioned in paragraph 1 . Whereas pursuant to Article 2 (3) of Regulation (EEC) No 1799/87 the cereals in question must be used or Security shall be lodged within two working days at the latest of that on which the notice of award is received. processed in Spain ; whereas in order to ensure that this requirement is met successful tenderers should be obliged to lodge a security to be released on presentation of the proof specified in certain provisions of Commission Article 3 Regulation (EEC) No 3105/87 of 16 October 1987 laying down detailed rules for the application of the special 1 . The obligation mentioned in Article 2 (1 ) shall be arrangements for imports of maize and sorghum into considered a primary requirement as defined in Article 20 Spain from 1987 to 1990 (4), as last amended by of Commission Regulation (EEC) No 2220/85 (8). It shall Regulation (EEC) No 3106/88 (*); whereas, moreover, the not be considered to have been discharged fulfilled until provisions of Commission Regulation (EEC) No 569/88 the tenderer provides the proof specified in the first and of 16 February 1988 laying down common detailed rules 'second paragraphs of Article 6 of Regulation (EEC) No for verifying the use and/or destination of products from 3105/87. intervention (f), as last amended by Regulation (EEC) No

2. Regulation (EEC) No 569/88 shall apply in the field ,(>) OJ No L 170, 30. 6. 1987, p. 1 . (*) OJ No L 202, 9. 7. 1982, p. 23 . covered by this Regulation. M OJ No L 223, 11 . 8. 1987, p. 5. O OJ No L 294, 17. 10. 1987, p. 15. f) OJ No L 295, 28 . 10. 1988, p. 34. (*) OJ No L 277, 8 . 10. 1988, p. 28 . (8) OJ No L 205, 3. 8. 1985, p. 5. («) OJ No L 55, 1 . 3. 1988, p. 1 .

15 . 11 . 88 Official Journal of the European Communities No L 309/31

Article4¶

1 . The time limit for submission of tenders in response to the first individual invitation to tender shall be 24 November 1988 . The Spanish intervention agency shall notify the Commission, at the latest by Tuesday of the week 2. The time limit for submission of tenders in response following the time limit for submission of tenders, of the to the final individual invitation to tender shall be 26 quantities and average prices of the various lots sold. January 1989.

3. Tenders must be lodged with the Spanish Article 6 intervention agency : Servicio Nacional de Productos Agrarios (SENPA), Beneficencia 8 , This Regulation shall enter into force on the day of its E-280Q4 Madrid, publication in the Official Journal of the European (Telex : 23427 SENPA E — Tel. 232 34 88). Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 14 November 1988 .

For the Commission Frans ANDRIESSEN Vice-President