CELEX: 31991R3248
Language: en
Date: 1991-11-08 00:00:00
Title: Commission Regulation (EEC) No 3248/91 of 7 November 1991 opening an invitation to tender for the reduction in the levy on maize imported from third countries

8 . 11 . 91                             Official Journal of the European Communities                             No L 307/ 19
                                        COMMISSION REGULATION (EEC) No 3248/91
                                                       of 7 November 1991
                    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 12
                                                                     December 1991 . During that period, weekly invitations
 Having regard to Council Regulation (EEC) No 1799/87                shall be issued with quantities and closing dates as shown
 of 25 June 1987 on special arrangements for imports of              in the notice of invitation to tender.
 maize and sorghum into Spain from 1987 to 1990 ('), 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
 certain quantity of maize into Spain in the years 1987 to           1 . Tenders shall be lodged in writing with the compe­
 1990 ; whereas by Decision 91 /30/EEC (2) on the conclu­            tent authority against a receipt or forwarded to that autho­
sion of the exchange of letters complementing the above              rity by telex, telegram or telefax.
 mentioned agreement, the Council approved the exten­
 sion of that agreement to 1991 , that extension being               2.    Tenders shall indicate :
without prejudice to the rights and obligations arising
 from the original agreement ;                                      — the weekly invitation in response to which they are
                                                                         made ;
Whereas under the said rights and obligations Commis­               — the name and exact address of the tenderer, with telex
sion Regulation (EEC) No 798/91 (3), as last amended by                  or telefax number ;
Regulation (EEC) No 981 /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 1990 ; whereas a closer estimate         — the reduction in the import levy proposed, in ecus per
of those quantities calls for a further invitation to tender             tonne ;
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
lation (EEC) No 798/91 , an invitation to tender is hereby          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.
0    OJ   No  L 17, 23. 1 . 1991 , p. 17.
(J)  OJ   No  L 82, 28. 3. 1991 , p. 21 .
(4)  OJ   No  L 102, 23. 4. 1991 , p. 14.                           5.     Once submitted, tenders may not be withdrawn.
 ---pagebreak---   No L 307/20                              Official Journal of the European Communities                                8 . 11 . 91
                               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              1.    The tendering security shall be released :
 made under this invitation to tender shall be valid from 1
 January to 29 February 1992.                                        (a) where the tender is not accepted ;
                                                                     (b) where the tenderer provides evidence by means of a
 3. Notwithstanding Article 2 (2) of Commission Regu­                     sales invoice to a processor or consumer in Spain that
 lation (EEC) No 891 /89 (2), Article 5 (2) of Commission                 the products imported have been processed or used in
 Regulation (EEC) No 3105/87 (3) shall apply in respect of                Spain ;
 licences issued under this Regulation.
                                                                     (c) where the successful tenderer provides evidence that
 4.     Notwithstanding Article 9 of Regulation (EEC) No                 the product imported has become unfit for any use or
 3719/88, rights conferred by import licences shall not be               where import cannot be effected to reasons of force
 transferable.                                                           majeure.
                                                                     2. Article 33 of Regulation (EEC) No 3719/88 shall
                               Article 4
                                                                     apply to securities.
 1.     On the basis of tenders submitted and forwarded,
the Commission shall decide in accordance with the                                              Article 7
 procedure laid down in Article 26 of Council Regulation
(EEC) No 2727/75 (4) ;                                               Tenders lodged must be forwarded by the competent
                                                                     Spanish authority to the Commission to arrive not more
— either to set a maximum reduction in the import levy,              than two hours after the time limit laid down in the
      or                                                             notice of invitation to tender. They must be forwarded in
— to make no awards.                                                 the form shown in the Annex.
Where a maximum reduction in the import levy is set,                 Should no tenders be received, Spain shall inform the
awards shall be made to the tenderer or tenderers offering           Commission within the same period as that referred to in
the maximum or a smaller reduction.                                  the first paragraph.
 2.     As soon as the Commission has reached a decision
                                                                                                Article 8
 as referred to in paragraph 1 , the competent Spanish
authority shall notify all tenderers in writing of the               The times for the purposes of this Regulation shall be
outcome of their tenders.                                            Brussels time.
                               Article 5                                                        Article 9
 1.     Where the successful tenderer lodges an application          This Regulation shall enter into force on the day of its
for an import licence as referred to in Article 2 (3) (c)            publication in the Official Journal of the European
within the time limit laid down, a licence shall be issued           Communities.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 7 November 1991 .
                                                                                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.
(4)  OJ  No  L 281 , 1 . 11 . 1975, p. 1 .
 ---pagebreak--- 8 . 11 . 91                         Official Journal of the European Communities                           No L 307/21
                                                           ANNEX
            Weekly invitation to tender for the reduction in the levy on maize imported from third countries
                                               (Regulation (EEC) No 3248/91)
                                        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
                     2
                     3
                     4
                                                    \
                     5
                    etc.
                                                    i