31993R1596
25. 6. 93 Official Journal of the European Communities No L 153/ 19
COMMISSION REGULATION (EEC) No 1596/93
of 24 June 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 reduction in the import levy on maize to be imported Having regard to Council Regulation (EEC) No 1799/87 into Spain, in addition to the invitations to tender opened of 25 June 1987 on special arrangements for imports of by Regulation (EEC) No 66/93. maize and sorghum into Spain from 1987 to 1992 ('), as last amended by Regulation (EEC) No 3875/92 (2), and in 2. An invitation to tender shall be open until 22 July particular Articles 3 (2) and 8 thereof, 1993 . During that period, weekly invitations shall be issued with quantities and closing dates as shown in the notice of invitation to tender. Whereas, as part of an agreement with the United States of America, the Community has undertaken to import a Article 2 certain quantity of maize into Spain in the years 1987 to 1992 ; whereas by Regulation (EEC) No 991 /93 (3) exten ding the measures taken under the abovementioned 1 . Tenders shall be lodged in writing with the compe agreement, the Council approved the extension of that tent Spanish authority against a receipt or forwarded to agreement to 1993, that extension being without preju that authority by telex, telegram or telefax. dice to the rights and obligations arising from the original 2. Tenders shall indicate : agreement ; — the invitation in response to which they are made, — the name and exact address of the tenderer, with telex Whereas, within the framework of those rights and obli or telefax number, gations, Commission Regulation (EEC) No 66/93 (4) opened invitations to tender for the reduction in the levy — the type and quantity of the product to be imported, on import of the quantities remaining in 1992 ; whereas — the reduction in the import levy proposed, in ecus per these quantities were not covered by the invitations to tonne, tender ; whereas, in the light of current market needs in — the origin of the maize to be imported. Spain, part of the balance left for import should be earmarked for that country ; whereas, to that end, a new 3 . Tenders shall be valid only if : invitation to tender should be opened ; (a) they do not exceed the maximum quantity available for each closing date for the submission of applica Whereas, pursuant to Article 3 (3) of Regulation (EEC) tions ; No 1799/87, the levy reduction is to be applied to maize (b) evidence is provided before expiry of the time limit imported into Spain under cover of a licence valid in that for submission that the tenderer has lodged a security Member State alone ; for an amount per tonne equal to that of the reduction proposed in the tender ; Whereas the specific additional rules required for admin (c) they are accompanied by a written undertaking to istering the invitation to tender should be laid down, lodge with the competent Spanish authority within two days of receipt of notification of award as including in particular rules on the lodging by operators and the release of securities against fulfilment of their mentioned in Article 4 an application for an import obligations, and in particular the obligation to process or licence for the quantities awarded together with an use the imported product in Spain ; application for advance fixing of the levy at the reduced rate proposed in the tender ;
Whereas the measures provided for in this Regulation are (d) they are for at least 1 000 tonnes. in accordance with the opinion of the Management Committee for Cereals, 4. Tenders not meeting the requirements set out in 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 . (2) OJ No L 391 , 31 . 12. 1992, p. 1 . (3) OJ No L 104, 29 . 4. 1993, p. 1 . « OT No L 10, 16. 1 . 1993 , p. 5. 5. Once submitted, tenders may not be withdrawn.
No L 153/20 Official Journal of the European Communities 25. 6. 93
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 .
2. Import licences issued in connection with awards Article 6 made under this invitation to tender shall be valid from the date on which they are issued within the meaning of 1 . The tendering security shall be released : paragraph 1 , until 31 July 1993. (a) where the tender is not accepted ; 3. Import licences issued in connection with awards (b) where the tenderer provides evidence by means of a made under these invitations to tender shall be subject to sales invoice to a processor or consumer in Spain that the provisions of Regulation (EEC) No 1799/87. the products imported have been processed of used in Spain ; 4. Notwithstanding Article 2 (2) of Commission Regu (c) where the successful tenderer provides evidence that lation (EEC) No 891 /89 (2), Article 5 (2) of Commission the product imported has become unfit for any use or Regulation (EEC) No 3105/87 (3) shall apply in respect of where import cannot be effected to reasons of force licences issued under this Regulation. majeure. 5. Notwithstanding Article 9 of Regulation (EEC) No 3719/88, rights conferred by import licences shall not 2. Article 33 of Regulation (EEC) No 3719/88 shall be transferable. apply to securities.
Article4¶
1 . On the basis of tenders submitted and forwarded, Tenders lodged must be forwarded by the comptent the Commission shall decide in accordance with the Spanish authority to the Commission to arrive not more procedure laid down in Article 26 of Council Regulation than two hours after the time limit laid down in the (EEC) No 2727/78 (4) : notice of invitation to tender. They must be forwarded in — either to set a maximum reduction in the import levy, the form shown in the Annex.
or Should no tenders be received, Spain shall inform the — to make no awards. Commission within the same period as that referred to in Where a maximum reduction in the import levy is set, the first paragraph. awards shall be made to the tenderer or tenderers offering the maximum or a smaller reduction. Article 8
2. As soon as the Commission has reached a decision The times for the purposes of this Regulation shall be as referred to in paragraph 1 , the competent authority of Brussels time. the Member State shall notify all tenderers in writing of the outcome of their tenders . Article 9 Article 5 This Regulation shall enter into force on the day 1 . Where the successful tenderer lodges an application following its publication in the Official Journal of the European Communities. for an import licence as referred to in Article 2 (3) (c)
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 24 June 1993 .
For the Commission Rene STEICHEN Member of the Commission
(') OJ No L 331 , 2. 12. 1988 , p. 1 . (2) OJ No L 94, 7. 4. 1989, p. 13. (3) OJ No L 294, 17. 10. 1987, p. 15 . n OT No L 281 , 1 . 11 . 1975 , p. 1 .
25. 6. 93 No L 153/21 Official Journal of the European Communities
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 Green rate fixed Origin tenderers (tonnes) import levy in advance of the cereals
1
2
3
4
5
etc .