31991R3248

8 . 11 . 91 Official Journal of the European Communities No L 307/ 19

COMMISSION REGULATION (EEC) No 3248/91 of 7 November 1991 opening an invitation to tender for the reduction in the levy on maize imported from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES, opened for the reduction in the import levy on maize to be imported into Spain. Having regard to the Treaty establishing the European Economic Community, 2. The invitation to tender shall be open until 12 December 1991 . During that period, weekly invitations Having regard to Council Regulation (EEC) No 1799/87 shall be issued with quantities and closing dates as shown of 25 June 1987 on special arrangements for imports of in the notice of invitation to tender. maize and sorghum into Spain from 1987 to 1990 ('), and in particular Articles 3 (2) and 8 thereof, Article 2 Whereas, as part of an agreement with the United States of America, the Community has undertaken to import a 1 . Tenders shall be lodged in writing with the compe­ certain quantity of maize into Spain in the years 1987 to tent authority against a receipt or forwarded to that autho­ 1990 ; whereas by Decision 91 /30/EEC (2) on the conclu­ rity by telex, telegram or telefax. sion of the exchange of letters complementing the above mentioned agreement, the Council approved the exten­ 2. Tenders shall indicate : sion of that agreement to 1991 , that extension being without prejudice to the rights and obligations arising — the weekly invitation in response to which they are from the original agreement ; made ; Whereas under the said rights and obligations Commis­ — the name and exact address of the tenderer, with telex sion Regulation (EEC) No 798/91 (3), as last amended by or telefax number ; Regulation (EEC) No 981 /91 (4), opens invitations to — the type and quantity of the product to be imported ; tender for the reduction in the levy on imports of the quantities outstanding for 1990 ; whereas a closer estimate — the reduction in the import levy proposed, in ecus per of those quantities calls for a further invitation to tender tonne ; to be opended ; — the origin of the maize to be imported ;

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 for submission that the tenderer has lodged a security including in particular rules on the lodging by operators 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 ; (c) they are accompanied by a written undertaking to Whereas the measures provided for in this Regulation are lodge with the competent authority within two days of in accordance with the opinion of the Management receipt of notification of award as mentioned in Committee for Cereals, 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 4. Tenders not meeting the requirements set out in lation (EEC) No 798/91 , an invitation to tender is hereby paragraph 1 , 2 and 3 or incorporating terms other than those provided for in the invitation to tender shall not be (') OJ No L 170, 30. 6. 1987, p. 1 . valid. 0 OJ No L 17, 23. 1 . 1991 , p. 17. (J) OJ No L 82, 28. 3. 1991 , p. 21 . (4) OJ No L 102, 23. 4. 1991 , p. 14. 5. Once submitted, tenders may not be withdrawn.

No L 307/20 Official Journal of the European Communities 8 . 11 . 91

Article 3 for the quantities for which he has been awarded a contract. 1 . Notwithstanding Article 21 (1 ) of Commission Regulation (EEC) No 3719/88 (') import licences shall, for 2. Where the undertaking referred to in Article 2 (3) (c) the purposes of determining their term of validity, be is not fulfilled, the tendering security shall be forfeit. deemed to have been issued on the closing date for the submission of tenders. Article 6 2. Import licences issued in connection with awards 1 . The tendering security shall be released : made under this invitation to tender shall be valid from 1 January to 29 February 1992. (a) where the tender is not accepted ; (b) where the tenderer provides evidence by means of a 3. Notwithstanding Article 2 (2) of Commission Regu­ sales invoice to a processor or consumer in Spain that lation (EEC) No 891 /89 (2), Article 5 (2) of Commission the products imported have been processed or used in Regulation (EEC) No 3105/87 (3) shall apply in respect of Spain ; licences issued under this Regulation. (c) where the successful tenderer provides evidence that 4. Notwithstanding Article 9 of Regulation (EEC) No the 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, the Commission shall decide in accordance with the Article 7 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 — either to set a maximum reduction in the import levy, than two hours after the time limit laid down in the or notice of invitation to tender. They must be forwarded in — to make no awards. the form shown in the Annex.

Where a maximum reduction in the import levy is set, Should no tenders be received, Spain shall inform the awards shall be made to the tenderer or tenderers offering Commission within the same period as that referred to in the maximum or a smaller reduction. the first paragraph.

2. As soon as the Commission has reached a decision Article 8 as referred to in paragraph 1 , the competent Spanish authority shall notify all tenderers in writing of the The times for the purposes of this Regulation shall be outcome of their tenders. Brussels time .

Article5¶

1 . Where the successful tenderer lodges an application This Regulation shall enter into force on the day of its for an import licence as referred to in Article 2 (3) (c) publication in the Official Journal of the European within the time limit laid down, a licence shall be issued Communities.

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

Done at Brussels, 7 November 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

(>) OJ No L 331 , 2. 12. 1988, p. 1 . O 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 .

8 . 11 . 91 Official Journal of the European Communities No L 307/21

ANNEX

Weekly invitation to tender for the reduction in the levy on maize imported from third countries

(Regulation (EEC) No 3248/91 )

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. i