31990R0883

No L 92/ 12 Official Journal of the European Communities 7. 4. 90

COMMISSION REGULATION (EEC) No 883/90 of 5 April 1990 opening an invitation to tender for the reduction in the levy on maize imported from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES, — the name and exact address of the tenderer, with telex or telefax number, Having regard to the Treaty establishing the European Economic Community, —the type and quantity of the product to be imported, — the reduction in the import levy proposed, in ecus per Having regard to Council Regulation (EEC) No 1799/87 tonne, of 25 June 1987 on special arrangements for imports of maize and sorghum into Spain from 1987 to 1990 ('), and — the origin of the maize to be imported. in particular Articles 3 (2) and 8 thereof, Whereas, as part of an agreement with the United States 3. Tenders shall be valid only if : of America, the Community has undertaken to import a (a) evidence is provided before expiry of the time limit certain quantity of maize into Spain in the years 1987 to for submission that the tenderer has lodged a security 1990 ; whereas, so that this commitment can be met, use for an amount per tonne equal to that of the reduc­ should be made of the possibility opened by Regulation tion proposed in the tender ; (EEC) No 1799/87 of fixing a reduction in the import levy on the product in question by invitation to tender ; (b) they are accompanied by a written undertaking to lodge with the competent authority within two days of Whereas, pursuant to Article 3 (3) of Regulation (EEC) No receipt of notification of award as mentioned in 1799/87, the reduction in the levy is to be applied to Article 4 (2) an application for an import licence for maize imported into Spain under cover of a licence valid the quantities awarded together with an application in that Member State alone ; for advance fixing of the levy at the reduced rate proposed in the tender and an application for advance Whereas the specific additional rules required for admi­ nistering the invitation to tender should be laid down, in fixing of the Spanish monetary compensatory amounts ; particular rules on the lodging by operators and the release of securities against fulfilment of their obligations, (c) they are for at least 1 000 tonnes. and in particular the obligation to process or use the imported product in Spain ; 4. Tenders not meeting the requirements set out in Whereas the measures provided for in this Regulation are paragraphs 1 , 2 and 3 or incorporating terms other than in accordance with the opinion of the Management those provided for in the notice of invitation to tender shall not be valid. Committee for Cereals,

5. Once submitted, tenders may not be withdrawn. HAS ADOPTED THIS REGULATION :

Article 1 Article 3 1 . An invitation to tender is hereby opened for the reduction in the import levy on maize to be imported 1 . By way of derogation from Article 21 ( 1) of into Spain. Commission Regulation (EEC) No 3719/88 (2), as amended by Regulation (EEC) No 1903/89 (3), import 2. The invitation to tender shall be open until 31 May licences shall, for the purposes of determining their term 1990. During that period, weekly invitations shall be of validity, be deemed to have been issued on the closing issued with quantities and closing dates as shown in the date for the submission of tenders . notice of invitation to tender.

Article 2 2. Import licences issued in connection with awards made under this invitation to tender shall be valid from 1 . Tenders shall be lodged in writing with the compe­ their date of issue within the meaning of paragraph 1 , to tent authority against a receipt or forwarded to that autho­ 30 June 1990 . rity by telex, telegram or telefax. 2. Tenders shall indicate : 3. By way of derogation from Article 9 of Regulation (EEC) No 3719/88, rights conferred by import licences as — the weekly invitation in response to which they are referred to in this Article shall not be transferable. made ; (2) OJ No L 331 , 2. 12. 1988, p. 1 . (') OJ No L 170, 30. 6. 1987, p. 1 . O OJ No L 184, 30. 6. 1989, p. 22.

7. 4. 90 Official Journal of the European Communities No L 92/ 13

Article 4 that the product imported has been processed or used in Spain ; 1 . On the basis of tenders submitted and forwarded, the Commission shall decide in accordance with the (c) where the successful tenderer provides evidence that the product imported has become unfit for any use or procedure laid down in Article 26 of Council Regulation where import cannot be effected for reasons of force (EEC) No 2727/75 0) : majeure. — either to set a maximum reduction in the import levy, or 2. Article 33 of Regulation (EEC) No 3719/88 shall — to make no award . apply to securities. Where a maximum reduction in the import levy is set, Article 7 awards shall be made to the tenderer or tenderers offering the maximum or a smaller reduction. Tenders lodged must be forwarded by the competent 2. As soon as the Commission has reached a decision Spanish authority to the Commission to arrive not more as referred to in paragraph 1 , the competent Spanish than one and a half hours after the time limit laid down authority shall notify all tenderers in writing of the in the notice of invitation _to tender for the lodging of outcome of their tenders . tenders under weekly invitation. They must be forwarded in the form shown in the Annex. Article 5 Should no tenders be received, Spain shall inform the 1 . Where the successful tenderer lodges an application Commission within the time limit referred to in the first for an import licence as referred to in Article 2 (3) (b) paragraph. within the time limit laid down, a licence shall be issued for the quantities for which has been awarded a contract. Article 8 2. Where the undertaking referred to in Article 2 (3) (b) is not fulfilled, the tendering security shall be forfeit. The times laid down in this Regulation shall be Brussels time. Article 6 Article 9 1 . Tendering securities shall be released : (a) where the tender is not accepted ; This Regulation shall enter into force on the day of its (b) where the tenderer provides evidence pursuant to publication in the Official Journal of the European Articles 6 and 7 of Regulation (EEC) No 3105/87 Q Communities.

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

Done at Brussels, 5 April 1990.

For the Commission Ray MAC SHARRY Member of the Commission

O OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 294, 17. 10. 1987, p. 15.

No L 92/ 14 Official Journal of the European Communities 7 . 4. 90

ANNEX

Weekly invitation to tender for the reduction in the levy on maize 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.