31991R0798
28 . 3 . 91 Official Journal of the European Communities No L 82/21
COMMISSION REGULATION (EEC) No 798/91 of 27 March 1991 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 25 April 1991 . During that period, weekly invitations shall be Having regard to the Treaty establishing the European issued with quantities and closing dates as shown in the Economic Community, 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 by Decision 91 /30/EEC (2) on the conclu 2 . Tenders shall indicate : sion of the exchange of letters complementing the above mentioned agreement, the Council approved the exten — the weekly invitation in response to which they are sion of that agreement to 1991 , that extension being made ; without prejudice to the rights ans obligations arising from the original agreement ; — the name and exact address of the tenderer, with telex or telefax number, Whereas unter the said rights and obligations Commis — the type and quantity of the product to be imported ; sion Regulation (EEC) No 3181 /90 (3) opens invitations to tender for the reduction in the levy on imports of the — the reduction in the import levy proposed, in ecus per quantities outstanding for 1990 ; whereas a closer estimate tonne ; of those quantities calls for a further invitation to tender — the origin of the maize to be imported ; to be opended ;
Whereas, pursuant to Article 3 (3) of Regulation (EEC) No 3 . Tenders shall be valid only if : 1799/87, the levy reduction is to be applied to maize imported into Spain under cover of a licence valid in that (a) they do not exceed the maximum quantity available Member State alone ; for each closing date for the submission of applica tions ; Whereas the specific additional rules required for admi nistrating the invitation to tender should be laid down, (b) evidence is provided before expiry of the time limit including in particular rules on the lodging by operators for submission that the tenderer has lodged a security and the release of securities against fulfilment of their for an amount per tonne equal to that of the reduc obligations, and in particular the obligation to process or tion proposed in the tender ; use the imported product in Spain ;
Whereas the measures provided for in this Regulation are (c) they are accompanied by a written undertaking to in accordance with the opinion of the Management lodge with the competent authority within two days of Committee for Cereals, receipt of notification of award as mentioned in 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 HAS ADOPTED THIS REGULATION : proposed in the tender and an application for advance fixing of the Spanish monetary compensatory amounts ; Article 1 (d) they are for at least 1 000 tonnes. 1 . Further to the invitations to tender opened by Regu lation (EEC) No 3181 /90, an invitation to tender is hereby 4. Tenders not meeting the requirements set out in opened for the reduction in the import levy on maize to paragraph 1 , 2 and 3 or incorporating terms other than be imported into Spain. those provided for in the invitation to tender shall not be valid . (') OJ No L 170, 30. 6. 1987, p. 1 . 0 OJ No L 17, 23 . 1 . 1991 , p. 17. 0 OJ No L 304, 1 . 11 . 1990, p. 65. 5 . Once submitted, tenders may not be withdrawn.
No L 82/22 Official Journal of the European Communities 28 . 3 . 91
Article 3 within the time limit laid down, a licence shall be issued for the quantities for which hehas been awarded a 1 . Notwithstanding Article 21 ( 1 ) of Commission contract. Regulation (EEC) No 3719/88 (') import licences shall, for the purposes of determining their term of validity, be 2. Where the undertaking referred to in Article 2 (3) (c) deemed to have been issued on the closing date for the is not fulfilled, the tendering security shall be forfeit. submission of tenders . Article 6 2. Import licences issued in connection with awards made under this invitation to tender shall be valid from 1 . The tendering security shall be released : the date on which they are issued within the meaning of (a) where the tender is not accepted ; paragraph 1 , until 30 April 1991 . (b) where the successful tenderer provides proof in 3. Notwithstanding Article 2 (2) of Commission Regu accordance with Articles 6 and 7 of (EEC) No 3105/87 lation (EEC) No 891 /89 (2), Article 5 (2) of Commission that the product imported has been processed or used Regulation (EEC) No 3105/87 (3) shall apply in respect of ifi Spain ; licences issued under this Regulation. (c) where the successful tenderer provides proof that the 4. Notwithstanding Article 9 of Regulation (EEC) No product imported has become unfit for any use or 3719/88, rights conferred by import licences shall not be where import cannot be effected to reasons of force transferable . majeure.
2. Article 33 of Regulation (EEC) No 3719/88 shall Article 4 apply to securities.
1 . On the basis of tenders submitted and forwarded, Article 7 the Commission shall decide in accordance with the procedure laid down in Article 26 of Council Regulation Tenders lodged must be forwarded by the competent (EEC) No 2727/75 (4); Spanish authority to the Commission to arrive not more than two hours after the time limit laid down in the — either to set a maximum reduction in the import levy, or notice of invitation to tender. They must be forwarded in the form shown in the Annex . — to make no awards . Should no tenders be received, Spain shall inform the Where a maximum reduction in the import levy is set, Commission within the same period as that referred to in awards shall be made to the tenderer or tenderers offering the first paragraph. the maximum or a smaller reduction . Article 8 2. As soon as the Commission has reached a decision as referred to in paragraph 1 , the competent Spanish The times for the purposes of this Regulation shall be authority shall notify all tenderers in writing of the Brussels time . outcome of their tenders .
Article 9 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, 27 March 1991 .
For the Commission Ray MAC SHARRY Member of the Commission
(') OJ No L 331 , 2. 12. 1988 , p. 1 . 4 OJ No L 94, 7. 4. 1989, p. 13. (3) OJ No L 294, 17. 10. 1987, p. 15. (4) OJ No L 281 , 1 . 11 . 1975, p. 1 .
28 . 3 . 91 Official Journal of the European Communities No L 82/23
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 I
3
4
5 |
etc.