No L 4/6 Official Journal of the European Communities 6. 1. 94 COMMISSION REGULATION (EC) No 11/94 of 5§ January 1994 opening an invitation to tender for the reduction in the levy on grain sorghum imported into Spain from third countries THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3640/93 of 17 December 1993 on special arrangements for imports of maize and sorghum into Spain for the year 1993 (), and in particular Articles 3 (2) and 8 thereof, Whereas, as part of an agreement with the United States of America, the Community has undertaken to import a certain quantity of maize and grain sorghum into Spain in the years 1987 to 1992 ; whereas by Regulation (EEC) No 991/93 () extending the measures taken under the above- mentioned agreement, the Council approved the exten- sion of that agreement to 1993, that extension being without prejudice to the rights and obligations arising from the original agreement; Whereas, pursuant to Article 3 (3) of Regulation (EC) No 3640/93, the levy reduction is to be applied to grain sorghum imported into Spain under cover of a licence valid in that Member State alone; Whereas Council Regulation (EEC) No 715/90 of § March 1990 on the arrangements applicable to agriculture products and certain goods resulting from the processing of agriculture products originating in the ACP States or in the overseas countries and territories (OCT)(®), as last amended by Regulation (EEC) No 444/92 (%), provides in particular for a reduction of 60 % in the levy applicable to grain sorghum up to a quota of 100 000 tonnes per calendar year and of 50 % in excess of that quota; Whereas, if that benefit is combined with the reduction provided for under this Regulation, this is likely to disturb the Spanish market for cereals ; whereas such combined benefits should be ruled out for the sake of the satisfac- tory functioning of the invitation to tender; Whereas specific additional rules required for admin- istrating the invitation to tender should be laid down, including in particular rules on the lodging by operators and the release of securities against fulfilment of their obligations, and in particular the obligation to process or use the imported product in Spain; Whereas it is impossible for all the quantities of maize and grain sorghum concerned to be imported into Spain () OJ No L 333, 31. 12. 1993, p. 13. () OJ No L 104, 29. 4. 1993, p. 1. () OJ No L 84, 30. 3. 1990, p. 8S. () O No L 52, 27. 2. 1992, p. 7. by 28 February 1992 as provided for in the Agreement; whereas Article 6 of Regulation (EC) No 3640/93 should therefore be applied and the quantities for 1993 should be imported during the period 1 January to 30 April 1994 ; Whereas, with a view to avoiding any disturbances on the 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 the amount of the monthly increases ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 1. An invitation to tender is hereby opened for the reduction in the import levy referred to in Article 10 of Council Regulation (EEC) No 1766/92(%) on grain sorghum to be imported into Spain. 2. Under this invitation to tender, the reduction in the import levy on grain sorghum provided for in Article 11 of Regulation (EEC) No 715/90 shall not apply. 3. The invitation to tender shall be open until 7 April 1994. During that period, weekly invitations shall be issued with quantities and closing dates as shown in the notice of invitation to tender. Article 2 1. Tenders shall be lodged in writing with the compe- tent Spanish authority against a receipt or forwarded to that authority by telex, telegram or telefax. 2. Tenders shall indicate : — the weekly invitation in response to which they are made, — the name and exact address of the tenderer, with telex or telefax number, — the type and quantity of the product to be imported, — the reduction in the import levy proposed, in ecus per tonne, — the origin of the grain sorghum to be imported. () OJ No L 181, 1. 7. 1992, p. 21.