31991R3504
3 . 12. 91 Official Journal of the European Communities No L 331 /9
COMMISSION REGULATION (EEC) No 3504/91 of 2 December 1991 opening an invitation to tender for the reduction in the levy on maize imported from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European Article 1 Economic Community,
1 . An invitation to tender is hereby opened for the Having regard to Council Regulation (EEC) No 1799/87 reduction in the import levy on maize to be imported of 25 June 1987 on special arrangements for imports of into Spain. maize and sorghum into Spain from 1987 to 1990 ('), as amended by Regulation (EEC) No 3391 /91 (2), and in 2. The invitation to tender shall be open until 19 particular Articles 3 (2) and 8 thereof, December 1991 . During that period, weekly invitations shall be issued with quantities and closing dates as shown Whereas, as part of an agreement with the United States in the notice of invitation to tender. of America, the Community has undertaken to import a certain quantity of maize into Spain in the years 1987 to 1990 ; whereas by Decision 91 /30/EEC (3) on the conclu Article 2 sion of the exchange of letters complementing the above mentioned agreement, the Council approved the exten sion of that agreement to 1991 , that extension being 1 . Tenders shall be lodged in writing with the compe tent authority against a receipt or forwarded to that autho without prejudice to the rights and obligations arising from the original agreement ; rity by telex, telegram or telefax.
2. Tenders shall indicate : Whereas, pursuant to Article 3 (3) of Regulation (EEC) No 1799/87, the levy reduction is to be applied to maize — the weekly invitation in response to which they are imported into Spain under cover of a licence valid in that made, Member State alone ; — the name and exact address of the tenderer, with telex or telefax number, Whereas the specific additional rules required for admi — the type and quantity of the product to be imported, nistrating the invitation to tender should be laid down, including in particular rules on the lodging by operators — the reduction in the import levy proposed, in ecus per and the release of securities against fulfilment of their tonne, obligations, and in particular the obligation to process or — the origin of the maize to be imported. use the imported product in Spain ; 3 . Tenders shall be valid only if : Whereas it is impossible for all the quantities of maize and grain sorghum concerned to be imported into Spain (a) they do not exceed the maximum quantity available by 28 February 1992 as provided for in the Agreement ; for each closing date for the submission of applica tions ; whereas Article 6 of Regulation (EEC) No 1799/87 should therefore be applied and the quantities for 1991 should be (b) evidence is provided before expiry of the time limit imported during the period 1 January to 30 April 1992 ; 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 (') OJ No L 170, 30. 6. 1987, p. 1 . amounts ; 0 OJ No L 320, 22. 11 . 1991 , p. 1 . 0 OJ No L 17, 23. 1 . 1991 , p. 17. (d) they are for at least 25 000 tonnes.
No L 331 / 10 Official Journal of the European Communities 3 . 12. 91
4. Tenders not meeting the requirements set out in — ECU 6,0 per tonne for maize imported during the paragraph 1 , 2 and 3 or incorporating terms other than month of April 1992. those provided for in the invitation to tender shall not be valid . 3 . As soon as the Commission has reached a decision as referred to in paragraph 1 , the competent Spanish 5. Once submitted, tenders may not be withdrawn. authority shall notify all tenderers in writing of the outcome of their tenders .
Article 3 Article 5 1 . Notwithstanding Article 21 (1) of Commission 1 . Where the successful tenderer lodges an application Regulation (EEC) No 3719/88 (') import licences shall, for for an import licence as referred to in Article 2 (3) (c) the purposes of determining their term of validity, be within the time limit laid down, a licence shall be issued deemed to have been issued on the closing date for the for the quantities for which he has been awarded a submission of tenders. contract.
2. Import licences issued in connection with awards 2. Where the undertaking referred to in Article 2 (3) (c) made under this invitation to tender shall be valid from 1 is not fulfilled, the tendering security shall be forfeit. January to 30 April 1992.
Article 6 3. Notwithstanding Article 2 (2) of Commission Regu lation (EEC) No 891 /89 (2), Article 5 (2) of Commission Regulation (EEC) No 3105/87 (3) shall apply in respect of 1 . The tendering security shall be released : licences issued under this Regulation. (a) where the tender is not accepted ;
(b) where the tenderer provides evidence by means of a 4. Notwithstanding Article 9 of Regulation (EEC) No sales invoice to a processor or consumer in Spain that 3719/88, rights conferred by import licences shall not be transferable . the products imported have been processed or used in Spain ;
(c) where the successful tenderer provides evidence that Article 4 the product imported has become unfit for any use or where import cannot be effected to reasons of force majeure. 1 . On the basis of tenders submitted and forwarded, the Commission shall decide in accordance with the 2. Article 33 of Regulation (EEC) No 3719/88 shall procedure laid down in Article 26 of Council Regulation apply to securities. (EEC) No 2727/75 (4);
— either to set a maximum reduction in the import levy, Article 7 or — to make no awards. Tenders lodged must be forwarded by the competent Spanish authority to the Commission to arrive not more than two hours after the time limit laid down in the Where a maximum reduction in the import levy is set, notice of invitation to tender. They must be forwarded in awards shall be made to the tenderer or tenderers offering the form shown in the Annex. the maximum or a smaller reduction. Should no tenders be received, Spain shall inform the 2. The amount of the reduction in the levy awarded in Commission within the same period as that referred to in accordance with paragraph 1 is increased by : the first paragraph.
— ECU 1,5 per tonne for maize imported during the Article 8 month of January 1992, — ECU 3,0 per tonne for maize imported during the The times for the purposes of this Regulation shall be month of February 1992, Brussels time . — ECU 4,5 per tonne for maize imported during the month of March 1992, Article 9
(') OJ No L 331 , 2. 12. 1988, p. 1 . This Regulation shall enter into force on the day of its (4 OJ No L 94, 7. 4. 1989, p. 13. O OJ No L 294, 17. 10. 1987, p. 15. publication in the Official Journal of the European Communities. 0 OJ No L 281 , 1 . 11 . 1975, p. 1 .
3. 12. 91 Official Journal of the European Communities No L 331 /11
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 December 1991 .
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
Weekly invitation to tender for the reduction in the levy on maize imported from third countries
(Regulation (EEC) No 3504/91 )
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 I
2 I
3 I
4 I
5 I l
etc.