31993R2774
9 . 10 . 93 Official Journal of the European Communities No L 252/3
COMMISSION REGULATION (EEC) No 2774/93 of 8 October 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 :
Article 1 Having regard to the Treaty establishing the European 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 0, as last amended by Regulation (EEC) No 3875/92 (2), and in 2. An invitation to tender shall be open until particular Articles 3 (2) and 8 thereof, 18 November 1993. During that period, weekly invita tions 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 certain quantity of maize into Spain in the years 1987 to Article 2 1992 ; whereas by Regulation (EEC) No 991 /93 (3) extend ing the measures taken under the abovementioned agree 1 . Tenders shall be lodged in writing with the com ment, the Council approved the extension of that agree petent Spanish authority against a receipt or forwarded to ment to 1993, that extension being without prejudice to that authority by telex, telegram or telefax. the rights and obligations arising from the original agree 2. Tenders shall indicate : ment ; — the invitation in response to which they are made, Whereas, within the framework of those rights and obli — the name and exact address of the tenderer, with telex gations, Commission Regulation (EEC) No 66/93 (4) or telefax number, 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 Spain, the balance left for import should be earmarked for — the origin of the maize to be imported. that country ; whereas, to that end, a new invitation to 3. Tenders shall be valid only if : 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 including in particular rules on the lodging by operators two days of receipt of notification of award as 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 Management Committee for Cereals has not (d) they are for at least 1 000 tonnes. delivered an opion within the time limit set by its chairman, 4. Tenders not meeting the requirements set out in paragraphs 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 . 0 OJ No L 10, 16. 1 . 1993, p. 5. 5. Once submitted, tenders may not be withdrawn.
No L 252/4 9 . 10 . 93 Official Journal of the European Communities
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 made under this invitation to tender shall be valid from 1 . The tendering security shall be released : 1 November until 31 December 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 4. Notwithstanding Article 2 (2) of Commission Regu Spain ; lation (EEC) No 891 /89 (2), Article 5 (2) of Commission (c) where the successful tenderer provides evidence that Regulation (EEC) No 3105/87 (3) shall apply in respect of the product imported has become unfit for any use or licences issued under this Regulation. where import cannot be effected to reasons of force 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.
Article 4 Article 7 1 . On the basis of tenders submitted and forwarded, the Commission shall decide in accordance with the Tenders lodged must be forwarded by the comptent procedure laid down in Article 23 of Council Regulation Spanish authority to the Commission to arrive not more (EEC) No 1766/92 (4) : than two hours after the time limit laid down in the 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 — to make no awards. Should no tenders be received, Spain shall inform the 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 as referred to in paragraph 1 , the competent authority of The times for the purposes of this Regulation shall be the Member State shall notify all tenderers in writing of Brussels time. the outcome of their tenders.
Article5¶
1 . Where the successful tenderer lodges an application This Regulation shall enter into force on the day for an import licence as referred to in Article 2 (3) (c) following its publication in the Official Journal of the within the time limit laid down, a licence shall be issued European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 October 1993.
For the Commission Rene STEICHEN Member of the Commission
0 OJ No L 331 , 2. 12. 1988, p. 1 . 4 OJ No L 94, 7. 4. 1989, p. 13. 0 OJ No L 294, 17. 10. 1987, p. 15. O OJ No L 181 , 1 . 7. 1992, p. 21 .
9 . 10 . 93 Official Journal of the European Communities No L 252/5
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.