31990R3181

No L 304/68 1 . 11 . 90 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3181/90 of 30 October 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, the quantities remaining from 1990 may take place during the period from 1 January to 30 April 1991 ;

Having regard to the Treaty establishing the European Whereas, with a view to avoiding any disturbances on the Economic Community, Spanish market, the staggering of imports until the month of April should be facilitated ; whereas the reduc­ tion in the levy should, for that purpose, be increased by Having regard to Council Regulation (EEC) No 1799/87 the amount of the monthly increases ; of 25 June 1987 on special arrangements for imports of maize and sorghum into Spain from 1987 to 1990 ('), and Whereas the measures provided for in this Regulation are in particular Article 3 (2) and (8) thereof, in accordance with the opinion of the Management 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, so that this commitment can be met, use should be made of the possibility opened by Article 1 Regulation (EEC) No 1799/87 of fixing a reduction in the import levy on the product in question by invitation to 1 . An invitation to tender is hereby opened for the tender ; reduction in the import levy on grain sorghum to be imported into Spain. Whereas, pursuant to Article 3 (3) of Regulation (EEC) No 2. Under this invitation to tender, the reduction in the 1799/87, the reduction in the levy is to be applied to import levy on grain sorghum provided for in Article 1 1 grain sorghum imported into Spain under cover of a licence valid in that Member State alone ; of Regulation (EEC) No 715/90 shall not apply.

3 . The invitation to tender shall be open until 20 Whereas Council Regulation (EEC) No 715/90 of 5 December 1990. During that period, weekly invitations to March 1990 on the arrangements applicable to agriculture tender shall be issued with quantities and closing dates as products and certain goods resulting from the processing shown in the notice of invitation to tender. of agriculture products originating in the ACP States or in the overseas countries and territories (OCT) (2) provides in particular for a reduction of 60 % in the levy applicable Article 2 to grain sorghum up to a quota of 100 000 tonnes per calendar year and of 50 % in excess of that quota ; 1 . Tenders shall be lodged in writing with the compet­ whereas, if that benefit is combined with the reduction ent authority against a receipt or forwarded to that author­ provided for under this Regulation, this is likely to disturb ity by telex, telegram or telefax. the Spanish market for cereals ; whereas such combined benefits should be ruled out for the sake of the satisfac­ 2. Tenders shall indicate : tory functioning of the invitation to tender ; — the weekly invitation in response to which they are made, Whereas specific additional rules required for administer­ — the name and exact address of the tenderer, with telex ing the invitation to tender should be laid down, in parti­ cular rules on the lodging by operators and the release of or telefax number, securities against fulfilment of their obligations, and in — the type and quantity of the product to be imported, particular the obligation to process or use the imported — the reduction in the import levy proposed, in ecus per product in Spain ; tonne, — the origin of the maize to be imported. Whereas, with a view to facilitating the marketing of the Community production, it was agreed with representatives 3. Tenders shall be valid only if : of the United States of America that the importation of (a) they do not exceed the maximum quantity available (') OJ No L 170, 30. 6. 1987, p. 1 . for each closing date for the submission of applica­ 0 OJ No L 84, 30. 3. 1990, p. 85. tions :

1 . 11 . 90 Official Journal of the European Communities No L 304/69

(b) evidence is provided before expiry of the time limit — ECU 4,5 per tonne for sorghum imported during the for submission that the tenderer has lodged a security month of February 1991 , for an amount per tonne equal to that of the reduc­ — ECU 6 per tonne for sorghum imported during the tion proposed in the tender ; month of March 1991 , (c) they are accompanied by a written undertaking to — ECU 7,5 per tonne for sorghum imported during the lodge with the competent authority within two days of month of April 1991 . receipt of notification of award as mentioned in Article 4 (3) an application for an import licence for 3 . As soon as the Commission has reached a decision the quantities awarded together with an application as referred to in paragraph 1 , the competent Spanish for advance fixing of the levy at the reduced rate authority shall notify all tenderers in writing of the proposed in the tender and an application for advance outcome of their tenders . fixing of the Spanish monetary compensatory amounts ; Article 5 (d) they are for at least 10 000 tonnes. 1 . Where the successful tenderer lodges an application 4. Tenders not meeting the requirements set out in for an import licence as referred to in Article 2 (3) (b) paragraphs 1 , 2 and 3 or incorporating terms other than within the time limit laid down, a licence shall be issued those provided for in the notice of invitation to tender for the quantities for which a contract has been awarded. shall not be valid . 2. Where the undertaking referred to in Article 2 (3) (b) is not fulfilled, the tendering security shall be 5. Once submitted, tenders may not be withdrawn. forfeit.

Article3¶

1 . Tendering securities shall be released : 1 . By way of derogation from Article 21 (1 ) of Commission Regulation (EEC) No 3719/88 ('), import (a) where the tender is not accepted ; licences shall, for the purposes of determining their term (b) where the tenderer provides evidence by means of a of validity, be deemed to have been issued on the closing date for the submission of tenders. sales invoice to a processor or consumer in Spain that the products imported have been processed or used in Spain ; 2. Import licences issued in connection with awards made under this invitation to tender shall be valid from (c) where the successful tenderer provides evidence that 1 January to 30 April 1991 . the product imported has become unfit for any use or where import cannot be effected for reasons of force majeure. 3. By way of derogation from Article 9 of Regulation (EEC) No 3719/88 , rights conferred by import licences as 2. Article 33 of Regulation (EEC) No 3719/88 shall referred to in this Article shall not be transferable. apply to securities.

Article4¶

1 . On the basis of tenders submitted and forwarded, Tenders lodged must be forwarded by the competent the Commission shall decide in accordance with the Spanish authority to the Commission to arrive not more than two hours after the time limit laid down in the procedure laid down in Article 26 of Council Regulation notice of invitation to tender for the lodging of tenders (EEC) No 2727/75 (2) : under weekly invitation . They must be forwarded in the form shown in the Annex. — either to set a maximum reduction in the import levy, or Should no tenders be received, Spain shall inform the — to make no award. Commission within the time limit referred to in the first paragraph. Where a maximum reduction in the import levy is set, awards shall be made to the tenderer or tenderers offering the maximum or a smaller reduction . Article 8

The times laid down in this Regulation shall be Brussels 2. The amount of the reduction in the levy awarded in time. accordance with paragraph 1 is increased by :

— ECU 3 per tonne for sorghum imported during the Article 9 month of January 1991 , This Regulation shall enter into force on the day of its 0) OJ No L 331 , 2. 12. 1988, p. 1 . publication in the Official Journal of the European 0 OJ No L 281 , 1 . 11 . 1975, p. 1 . Communities.

No L 304/70 Official Journal of the European Communities 1 . 11 . 90

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

Done at Brussels, 30 October 1990 .

For the Commission Ray MAC SHARRY Member of the Commission

1 . 11 . 90 Official Journal of the European Communities No L 304/71

ANNEX

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

(Regulation (EEC) No 3181 /90)

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.