31991R0799
No L 82/24 28 . 3 . 91 Official Journal of the European Communities
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 import levy on grain sorghum provided for in Article 11 tender for the reduction in the levy on imports of the of Regulation (EEC) No 715/90 shall not apply grain quantities outstanding for 1 990 ; whereas a closer estimate sorghum to be imported into Spain. of those quantities calls for a further invitation to tender 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 ;
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 Where a maximum reduction in the import levy is set, for an amount per tonne equal to that of the reduc awards shall be made to the tenderer or tenderers offering tion proposed in the tender ; 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 as referred to in paragraph 1 , the competent Spanish receipt of notification of award as mentioned in authority shall notify all tenderers in writing of the Article 4 (2) an application for an import licence for 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 for an import licence as referred to in Article 2 (3) (c) (d) they are for at least 1 000 tonnes. 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 Commission within the same period as that referred to in Article 4 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.
No L 82/26 28 . 3 . 91 Official Journal of the European Communities
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
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
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