31992R2690
No L 272/36 Official Journal of the European Communities 17 . 9 . 92
COMMISSION REGULATION (EEC) No 2690/92 of 16 September 1992 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 15 October 1992. During that period, weekly invitations shall Having regard to Council Regulation (EEC) No 1799/87 be issued with quantities and closing dates as shown in of 25 June 1987 on special arrangements for imports of the notice of invitation to tender. maize and sorghum into Spain from 1987 to 1990 ('), as amended by Regulation (EEC) No 3391 /91 (2), 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 tent authority against a receipt or forwarded to that autho certain quantity of maize into Spain in the years 1987 to rity by telex, telegram or telefax. 1990 ; whereas by Regulation (EEC) No 3919/91 (3) exten ding the measures taken under the abovementioned 2. Tenders shall indicate : agreement, the Council approved the extension of that agreement to 1992, that extension being without preju — the weekly invitation in response to which they are dice to the rights and obligations arising from the original made, agreement ; — the name and exact address of the tenderer, with telex Whereas under the said rights and obligations Commis or telefax number, sion Regulation (EEC) No 3504/91 (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 1991 ; whereas a closer estimate — the reduction in the import levy proposed, in ecus per tonne, of those quantities calls for a further invitation to tender 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 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 ; (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 3504/91 , 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 320, 22. 11 . 1991 , p. 1 . (3) OJ No L 372, 31 . 12. 1991 , p. 35. (4) OJ No L 331 , 3 . 12. 1991 , p. 9 . 5. Once submitted, tenders may not be withdrawn.
17. 9 . 92 Official Journal of the European Communities No L 272/37
Article 3 within the time limit laid down, a licence shall be issued for the quantities for which he has 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 the last day of the month following the month in which they were issued. (b) where the tenderer provides evidence by means of a sales invoice to a processor or consumer in Spain that 3. Notwithstanding Article 2 (2) of Commission Regu the products imported have been processed or used in lation (EEC) No 891 /89 (2), Article 5 (2) of Commission Spain ; Regulation (EEC) No 3105/87 (3) shall apply in respect of licences issued under this Regulation. (c) where the successful tenderer provides evidence that the product imported has become unfit for any use or 4. Notwithstanding Article 9 of Regulation (EEC) No where import cannot be effected to reasons of force 3719/88, rights conferred by import licences shall not be majeure. transferable. 2. Article 33 of Regulation (EEC) No 3719/88 shall apply to securities. Article 4
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 0 ; 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, notice of invitation to tender. They must be forwarded in or 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, 16 September 1992.
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. O OJ No L 281 , 1 . 11 . 1975, p. 1 .
No L 272/38 Official Journal of the European Communities 17. 9. 92
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. I I