31993R0068
16. 1 . 93 Official Journal of the European Communities No L 10/9
COMMISSION REGULATION (EEC) No 68/93 of 15 January 1993 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 1993 as provided for in the Agreement ; whereas Article 6 of Regulation (EEC) No 1 799/87 should Having regard to Council Regulation (EEC) No 1799/87 therefore be applied and the quantities for 1992 should be of 25 June 1987 on special arrangements for imports of imported during the period 1 January to 30 April 1993 ; maize and sorghum into Spain from 1987 to 1992 ('), as last amended by Regulation (EEC) No 3875/92 (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 1992 ; whereas by Regulation (EEC) 3919/91 (3) in accordance with the opinion of the Management extending the measures taken under the abovementioned Committee for Cereals, agreement, the Council approved the extension of that agreement to 1992, that extension being without preju dice 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 11 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 (OCT) (4), as last 3 . The invitation to tender shall be open until 1 April amended by Regulation (EEC) No 523/91 (*), provides in 1993. During that period, weekly invitations shall be particular for a reduction of 60 % in the levy applicable issued with quantities and closing dates as shown in the to grain sorghum up to a quota of 1 00 000 tonnes per 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 . O OJ No L 391 , 31 . 12. 1992, p. 1 . — the reduction in the import levy proposed, in ecus per 0 OJ No L 372, 31 . 12. 1991 , p. 35. tonne, (4) OJ No L 84, 30 . 3. 1990, p. 85. 0 OJ No L 58 , 5. 3. 1991 , p. 1 . — the origin of the grain sorghum to be imported.
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3. Tenders shall be valid only if : Article 4
(a) they do not exceed the maximum quantity available 1 . On the basis of tenders submitted and forwarded, for each closing date for the submission of applica the Commission shall decide in accordance with the tions ; procedure laid down in Article 26 of Council Regulation (EEC) No 2727/75 (4): (b) evidence is provided before expiry of the time limit for submission that the tenderer has lodged a security — either to set a maximum reduction in the import levy, for an amount per tonne equal to that of the reduc or tion, proposed in the tender ; — to make no awards .
(c) they are accompanied by a written undertaking to Where a maximum reduction in the import levy is set, lodge with the competent authority within two days of awards shall be made to the tenderer or tenderers offering receipt of notification of award as mentioned in the maximum or a smaller reduction . Article 4 (2) an application for an import licence for the quantities awarded together with an application 2. The amount of the reduction in the levy awarded in for advance fixing of the levy at the reduced rate accordance with paragraph 1 is increased by : proposed in the tender and an application for advance fixing of the Spanish monetary compensatory amounts ; — ECU 1,5 per tonne for sorghum imported during the month of January 1993, (d) they are for at least 10 000 tonnes. — ECU 3,0 per tonne for sorghum imported during the month of February 1993, — ECU 4,5 per tonne for sorghum imported during the 4. Tenders not meeting the requirements set out in month of March 1993 . paragraph 1 , 2 and 3 or incorporating terms other than 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 authority shall notify all tenderers in writing of the outcome of their tenders. 5. Once submitted, tenders may not be withdrawn.
Article5¶
Article 3 1 . Where the successful tenderer lodges an application for an import licence as referred to in Article 2 (3) (c) within the time limit laid down, a licence shall be issued 1 . Notwithstanding Article 21 (1 ) of Commission for the quantities for which he has been awarded a Regulation (EEC) No 3719/88 (') import licences shall, for contract. the purposes of determining their term of validity, be deemed to have been issued on the closing date for the submission of tenders . 2. Where the undertaking referred to in Article 2 (3) (c) is not fulfilled, the tendering security shall be forfeit.
2. Import licences issued in connection with awards made under this invitation to tender shall be valid from Article 6 the date on which they are issued within the meaning of paragraph 1 , until 30 April 1993. 1 . The tendering security shall be released :
3. Notwithstanding Article 2 (2) of Commission Regu (a) where the tender is not accepted ; lation (EEC) No 891 /89 (2), Article 5 (2) of Commission Regulation (EEC) No 3105/87 (3) shall apply in respect of (b) where the tenderer provides evidence by means of a licences issued under this Regulation. sales invoice to a processor or consumer in Spain that the products imported have been processed or used in Spain ; 4. Notwithstanding Article 9 of Regulation (EEC) No (c) where the successful tenderer provides evidence that 3719/88, rights conferred by import licences shall not be transferable. the product imported has become unfit for any use or where import cannot be effected for reasons of force majeure. (') OJ No L 331 , 2. 12. 1988, p. 1 . 0 OJ No L 94, 7. 4. 1989, p. 13. (■») OJ No L 294, 17. 10 . 1987, p. 15. (4) OJ No L 281 , 1 . 11 . 1975, p. 1 .
16. 1 . 93 Official Journal of the European Communities No L 10/ 11
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.
Article8¶
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, 15 January 1993.
For the Commission Rene STEICHEN Member of the Commission
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
3
4
5
etc .