31990R0884

7 . 4. 90 Official Journal of the European Communities No L 92/ 15

COMMISSION REGULATION (EEC) No 884/90 of 5 April 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, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Article 1 Economic Community,

1 . An invitation to tender is hereby opened for the Having regard to Council Regulation (EEC) No 1799/87 reduction in the import levy on grain sorghum to be of 25 June 1 987 on special arrangements for imports of imported into Spain. maize and sorghum into Spain from 1987 to 1990 ('), and in particular Article 3 (2) and (8) thereof, 2. Under this invitation to tender, the reduction in the import levy on grain sorghum provided for in Article 1 1 of Regulation (EEC) No 715/90 shall not apply. Whereas, as part of an agreement with the United States of America, the Community has undertaken to import a 3. The invitation to tender shall be open until 31 May certain quantity of grain sorghum into Spain in the years 1990. During that period, weekly invitations to tender 1 987 to 1 990 ; whereas, so that this commitment can be shall be issued with quantities and closing dates as shown met, use should be made of the possibility opened by in the notice of invitation to tender. Regulation (EEC) No 1799/87 of fixing a reduction in the import levy on the product in question by invitation to tender ; Article 2

Whereas, pursuant to Article 3 (3) of Regulation (EEC) No 1 . Tenders shall be lodged in writing with the compe­ 1799/87, the levy reduction in the levy is to be applied to tent authority against a receipt or forwarded to that autho­ grain sorghum imported into Spain under cover of a rity by telex, telegram or telefax. licence valid in that Member State alone ; 2. Tenders shall indicate : Whereas Council Regulation (EEC) No 715/90 of 5 — the weekly invitation in response to which they are March 1990 on the arrangements applicable to agriculture made, products and certain goods resulting from the processing of agriculture products originating in the ACP States or in — the name and exact address of the tenderer, with telex the overseas countries and territories (OCT) (2) provides in or telefax number, particular for a reduction of 60 % in the levy applicable — the type and quantity of the product to be imported, to grain sorghum up to a quota of 100 000 tonnes per calendar year and of 50 % in excess of that quota ; — the reduction in the import levy proposed, in ecus per whereas, if that benefit is combined with the reduction tonne, provided for under this Regulation, this is likely to disturb — the origin of the grain sorghum to be imported. the Spanish market for cereals ; whereas such combined benefits should be ruled out for the sake of the satisfac­ 3. Tenders shall be valid only if : tory functioning of the invitation to tender ; (a) before the closing date for the submission of tenders has expired, evidence is provided that the tenderer has Whereas specific additional rules required for administe­ lodged a security for an amount per tonne equal to ring the invitation to tender should be laid down, in parti­ that of the reduction proposed in the tender ; cular rules on the lodging by operators and the release of securities against fulfilment of their obligations, and in (b) they are accompanied by a written undertaking to particular the obligation to process or use the imported lodge with the competent authority within two days of product in Spain ; receipt of notification of award as referred to in Article 4 (2) an application for an import licence for the quantities awarded together with an application for Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management advance fixing of the levy at the reduced rate Committee for Cereals, proposed in the tender and an application for advance fixing of the Spanish monetary compensatory amount ; (') OJ No L 170, 30. 6. 1987, p. 1 . (*) OJ No L 84, 30. 3. 1990, p. 85. (c) they are for at least 1 000 tonnes.

No L 92/ 16 Official Journal of the European Communities 7. 4. 90

4. Tenders not meeting the requirements set out in within the time limit laid down, a licence shall be issued paragraphs 1 , 2 and 3 or incorporating terms other than for quantities for which he has been awarded a contract. those provided for in the notice of invitation to tender shall not be valid. 2. Where the undertaking referred to in Article 2 (3) (b) is not fulfilled, the tendering security shall be forfeit. 5. Once submitted, tenders may not be withdrawn.

Article 6 Article 3 1 . Tendering securities shall be released : 1 . By way of derogation from Article 21 ( 1 ) of Commission Regulation (EEC) No 3719/88 ('), as (a) where the tender is not accepted ; amended by Regulation (EEC) No 1 903/89 :(2), import (b) where the tenderer provides evidence pursuant to licences shall, for the purpose of determining their term Articles 6 and 7 of Regulation (EEC) No 301 5/87 (4) of validity, be deemed to have been issued on the closing that the product imported has been processed or used date for the submission of tenders. in Spain ; 2. Import licences issued in connection with awards (c) where the successful tenderer provides evidence that made under this invitation to tender shall be valid from the product imported has become unfit for any use or their date of issue as indicated in paragraph 1 to 30 June where import cannot be effected for reasons or force 1990 . majeur.

3. By way of derogation from Article 9 of Regulation 2. Article 33 of Regulation (EEC) No 3719/88 shall (EEC) No 3719/88 , rights conferred by import licences as apply to securities. referred to in this Article shall not be transferable. Article 7 Article 4 Tenders lodged must be forwarded by the competent 1 . On the basis of tenders submitted and forwarded, the Commission shall decide in accordance with the Spanish authority to the Commission to arrive not more than one and a half hours after the time limit laid down procedure laid down in Article 26 of Council Regulation in the notice of invitation to tender for the lodging of (EEC) No 2727/75 (3) : tenders under weekly invitations to tender. They must be — either to fix a maximum reduction in the import levy, forwarded in the form shown in the Annex. or — to make no award . Should no tenders be received, Spain shall inform the Commission within the time limit referred to in the first Where a maximum reduction in the import levy is fixed, paragraph. awards shall be made to the tenderer or tenderers offering the maximum or a smaller reduction. Article 8 2. As soon as the Commission has reached a decision The times laid down in this Regulation shall be Brussels as referred to in paragraph 1 , the competent Spanish time. authority shall notify all tenderers in writing of the outcome of their tenders . Article 9 Article 5 This Regulation shall enter into force on the day of its 1 . Where the successful tenderer lodges an application publication in the Official Journal of the European for an import licence as referred to in Article 2 (3) (b) Communities.

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

Done at Brussels, 5 April 1990.

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 331 , 2. 12. 1988, p. 1 . (2) OJ No L 184, 30. 6. 1989, p. 22. (J) OJ No L 281 , 1 . 11 . 1975, p. 1 . O OJ No L 294, 17. 10 . 1987, p. 15.

7. 4. 90 Official Journal of the European Communities No L 92/ 17

ANNEX

weekly invitation to tender for the reduction in the levy on grain sorghum imported from third countries

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

3 I

4 I

5 I I

etc.