31990R3180
1 . 11 . 90 Official Journal of the European Communities No L 304/65
COMMISSION REGULATION (EEC) No 3180/90 of 30 October 1990 opening an invitation to tender for the reduction in the levy on maize imported from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 2. The invitation to tender shall be open until 20 December 1990. During that period, weekly invitations Having regard to the Treaty establishing the European shall be issued with quantities and closing dates as shown Economic Community, in the notice of invitation to tender.
Having regard to Council Regulation (EEC) No 1799/87 of 25 June 1987 on special arrangements for imports of maize and sorghum into Spain from 1987 to 1990 ('), and Article 2 in particular Articles 3 (2) and 8 thereof, 1 . Tenders shall be lodged in writing with the compe Whereas, as part of an agreement with the United States tent authority against a receipt or forwarded to that autho of America, the Community has undertaken to import a rity by telex, telegram or telefax. certain quantity of maize into Spain in the years 1987 to 1990 ; whereas, so that this commitment can be met, use 2. Tenders shall indicate : should be made of the possibility opened by Regulation (EEC) No 1799/87 of fixing a reduction in the import levy on the product in question by invitation to tender ; — the weekly invitation in response to which they are made, Whereas, pursuant to Article 3 (3) of Regulation (EEC) No — the name and exact address of the tenderer, with telex 1799/87, the reduction in the levy is to be applied to or telefax number, maize imported into Spain under cover of a licence valid in that Member State alone ; — the type and quantity of the product to be imported, — the reduction in the import levy proposed, in ecus per Whereas the specific additional rules required for . tonne, administering the invitation to tender should be laid down, in particular rules on the lodging by operators and — the origin of the maize to be imported. the release of securities against fulfilment of their obliga tions, and in particular the obligation to process or use 3 . Tenders shall be valid only if : the imported product in Spain ; (a) they do not exceed the maximum quantity available Whereas, with a view to facilitating the marketing of the for each closing date for the submission of applica Community production, it was agreed with representatives tions ; of the United States of America that the importation of the quantities remaining from 1990 may take place (b) evidence is provided before expiry of the time limit during the period from 1 January to 30 April 1991 ; for submission that the tenderer has lodged a security for an amount per tonne equal to that of the reduc Whereas, with a view to avoiding any disturbances on the tion proposed in the tender ; Spanish market, the staggering of imports until the month of April should be facilitated ; whereas the reduc (c) they are accompanied by a written undertaking to tion in the levy should, for that purpose, be increased by lodge with the competent authority within two days of the amount of the monthly increases ; receipt of notification of award as mentioned in Article 4 (3) an application for an import licence for Whereas the measures provided for in this Regulation are the quantities awarded together with an application in accordance with the opinion of the Management for advance fixing of the levy at the reduced rate Committee for Cereals, proposed in the tender and an application for advance fixing of the Spanish monetary compensatory HAS ADOPTED THIS REGULATION : amounts ; . (d) they are for at least 25 000 tonnes . Article 1 4. Tenders not meeting the requirements set out in 1 . An invitation to tender is hereby opened for the paragraphs 1 , 2 and 3 or incorporating terms other than reduction in the import levy on maize to be imported those provided for in the notice of invitation to tender into Spain. shall not be valid .
(>) OJ No L 170, 30. 6. 1987, p. 1 . 5. Once submitted, tenders may not be withdrawn.
No L 304/66 1 . 11 . 90 Official Journal of the European Communities
Article 3 within the time limit laid down, a licence shall be issued for the quantities for which has been awarded a contract. 1 . By way of derogation from Article 21 (1 ) of Commission Regulation (EEC) No 3719/88 ('), import 2. Where the undertaking referred to in Article licences shall, for the purposes of determining their term 2 (3) (c) is not fulfilled, the tendering security shall be forfeit. of validity, be deemed to have been issued on the closing date for the submission of tenders . Article 6 2. Import licences issued in connection with awards made under this invitation to tender shall be valid from 1 1 . Tendering securities shall be released : Janaury to 30 April 1991 . (a) where the tender is not accepted ; 3 . By way of derogation from Article 9 of Regulation (b) where the tenderer provides evidence by means of a sales invoice to a processor or consumer in Spain that (EEC) No 3719/88, rights conferred by import licences as referred to in this Article shall not be transferable. the products imported have been processed or used in Spain ; Article 4 (c) where the successful tenderer provides evidence that the product imported has become unfit for any use or 1 . on the basis of tenders submitted and forwarded, the where import cannot be effected for reasons of force Commission shall decide in accordance with the proce majeure. dure laid down in Article 26 of Council Regulation (EEC) No 2727/75 Q : 2. Article 33 of Regulation (EEC) No 3719/88 shall apply to securities . — either to set a maximum reduction in the import levy, or Article 7 — to make no award . Tenders lodged must be forwarded by the competent Where a maximum reduction in the import levy is set, Spanish authority to the Commission to arrive not more awards shall be made to the tenderer or tenderers offering than two hours after the time limit laid down in the the maximum or a smaller reduction . notice of invitation to tender for the lodging of tenders 2. The amount of the reduction in the levy awarded in under weekly invitation. They must be forwarded in the accordance with paragraph 1 is increased by : form shown in the Annex. — ECU 3 per tonne for maize imported during the Should no tenders be received, Spain shall inform the month of January 1991 , Commission within the time limit referred to in the first — ECU 4,5 per tonne for maize imported during the paragraph. month of February 199.1 , Article 8 — ECU 6 per tonne for maize imported during the month of March 1991 , The times laid down in this Regulation shall be Brussels — ECU 7,5 per tonne for maize imported during the time . month of April 1991 . Article 9 3 . As soon as the Commission has reached a decision as referred to in paragraph 1 , the competent Spanish Commission Regulation (EEC) No 3932/89 (3) is hereby authority shall notify all tenderers in writing of the repealed. outcome of their tenders . Article 10 Article 5 This Regulation shall enter into force on the day of its 1 . Where the successful tenderer lodges an application publication in the Official Journal of the European for an import licence as referred to in Article 2 (3) (c) Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 30 October 1990 .
For the Commission Ray MAC SHARRY Member of the Commission
(') OJ No L 331 , 2. 12. 1988, p. 1 . 2) OJ No L 281 , 1 . 11 . 1975, p. 1 . (3) OJ No L 375, 23 . 12. 1989, p. 87.
1 . 11 . 90 Official Journal of the European Communities No L 304/67
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 5 * 4
Numbering of Quantity Reduction in MCA fixed Origin tenderers (tonnes) import levy in advance of the cereals
1
2
3
4
5
etc.