31991R3505

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 tion in the levy should, for that purpose, be increased by Whereas, as part of an agreement with the United States the amount of the monthly increases ; of America, the Community has undertaken to import a certain quantity of grain sorghum into Spain in the years Whereas the measures provided for in this Regulation are 1987 to 1990 ; whereas by Decision 91 /30/EEC (3) on the in accordance with the opinion of the Management conclusion of the exchange of letters complementing to 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 Regulation (EEC) No 715/90 shall not apply. of agriculture products originating in the ACP States or in 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, — the type and quantity of the product to be imported, (') OJ No L 170, 30. 6. 1987, p. 1 . 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.

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 2. The amount of the reduction in the levy awarded in receipt of notification of award as mentioned in accordance with paragraph 1 is increased by : Article 4 (2) an application for an import licence for 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 Article 6 Regulation (EEC) No 3105/87 (3) shall apply in respect of 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 ;

(c) where the successful tenderer provides evidence that 1 . On the basis of tenders submitted and forwarded, the product imported has become unfit for any use or the Commission shall decide in accordance with the 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 .

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