31993R0066
16. 1 . 93 Official Journal of the European Communities No L 10/5
COMMISSION REGULATION (EEC) No 66/93 of 15 January 1993 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 1992 ('), as last amended by Regulation (EEC) No 3875/92 (2), and in particular Articles 3 (2) and 8 thereof, 2. The invitation to tender shall be open until 1 April 1993. During that period, weekly invitations shall be issued with quantities and closing dates as shown in the Whereas, as part of an agreement with the United States 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 1992 ; whereas by Regulation (EEC) No 3919/91 (3) exten Article 2 ding the measures taken under the abovementioned agreement, the Council approved the extension of that agreement to 1992, that extension being without preju 1 . Tenders shall be lodged in writing with the compe dice to the rights and obligations arising from the original tent authority against a receipt or forwarded to that agreement ; authority 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 (a) they do not exceed the maximum quantity available and grain sorghum concerned to be imported into Spain by 28 February 1993 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 1992 should be (b) evidence is provided before expiry of the time limit imported during the period 1 January to 30 April 1993 ; 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 amounts ; (') OJ No L 170, 30. 6. 1987, p. 1 . 0 OJ No L 391 , 31 . 12. 1?92, p. 1 . 0 OJ No L 372, 31 . 12. 1991 , p. 35. (d) they are for at least 25 000 tonnes.
No L 10/6 16 . 1 . 93 Official Journal of the European Communities
4. Tenders not meeting the requirements set out in — ECU 4,5 per tonne for maize imported during the paragraph 1 , 2 and 3 or incorporating terms other than month of April 1993 . 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 authority shall notify all tenderers in writing of the 5. Once submitted, tenders may not be withdrawn. outcome of their tenders .
Article5¶
1 . Where the successful tenderer lodges an application 1 . Notwithstanding Article 21 (1 ) of Commission for an import licence as referred to in Article 2 (3) (c) Regulation (EEC) No 3719/88 (') import licences shall, for within the time limit laid down, a licence shall be issued the purposes of determining their term of validity, be for the quantities for which he has been awarded a deemed to have been issued on the closing date for the contract. submission of tenders. 2. Where the undertaking referred to in Article 2 (3) (c) 2. Import licences issued in connection with awards is not fulfilled, the tendering security shall be forfeit. made under this invitation to tender shall be valid from the date on whch they are issued within the meaning of Article 6 paragraph 1 , until 30 April 1993 .
1 . The tendering security shall be released : 3. Notwithstanding Article 2 (2) of Commission Regu lation (EEC) No 891 /89 (2), Article 5 (2) of Commission (a) where the tender is not accepted ; Regulation (EEC) No 3105/87 0 shall apply in respect of licences issued under this Regulation. (b) where the tenderer provides evidence by means of a sales invoice to a processor or consumer in Spain that the products imported have been processed or used in 4. Notwithstanding Article 9 of Regulation (EEC) No Spain ; 3719/88, rights conferred by import licences shall not be transferable. (c) where the successful tenderer provides evidence that the product imported has become unfit for any use or where import cannot be effected to reasons of force majeure. Article 4 2. Article 33 of Regulation (EEC) No 3719/88 shall 1 . On the basis of tenders submitted and forwarded, apply to securities. the Commission shall decide in accordance with the procedure laid down in Article 26 of Council Regulation Article 7 (EEC) No 2727/75 (4) ;
— either to set a maximum reduction in the import levy, Tenders lodged must be forwarded by the competent or Spanish authority to the Commission to arrive not more than two hours after the time limit laid down in the — to make no awards. notice of invitation to tender. They must be forwarded in the form shown in the Annex. Where a maximum reduction in the import levy is set, awards shall be made to the tenderer or tenderers offering Should no tenders be received, Spain shall inform the the maximum or a smaller reduction. Commission within the same period as that referred to in the first paragraph. 2. The amount of the reduction in the levy awarded in accordance with paragraph 1 is increased by : Article 8
— ECU 1,5 per tonne for maize imported during the The times for the purposes of this Regulation shall be month of February 1993, Brussels time. — ECU 3,0 per tonne for maize imported during the month of March 1993, Article 9
[') OJ No L 331 , 2. 12. 1988, p. 1 . This Regulation shall enter into force on the day of its p) OJ No L 94, 7. 4. 1989, p. 13. I3) OJ No L 294, 17. 10 . 1987, p. 15. publication in the Official Journal of the European [4) OJ No L 281 , 1 . 11 . 1975, p. 1 . Communities.
16. 1 . 93 Official Journal of the European Communities No L 10/7
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 January 1993.
For the Commission Rene STEICHEN Member of the Commission
ANNEX
Weekly invitation to tender for the reduction in the levy on grain 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
3
4
5
etc .