CELEX: 31991R0798
Language: en
Date: 1991-03-28 00:00:00
Title: Commission Regulation (EEC) No 798/91 of 27 March 1991 opening an invitation to tender for the reduction in the levy on maize imported from third countries

28 . 3 . 91                          Official Journal of the European Communities                             No L 82/21
                                    COMMISSION REGULATION (EEC) No 798/91
                                                      of 27 March 1991
                 opening an invitation to tender for the reduction in the levy on maize imported
                                                    from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     2. The invitation to tender shall be open until 25 April
                                                                 1991 . During that period, weekly invitations shall be
 Having regard to the Treaty establishing the European          issued with quantities and closing dates as shown in the
 Economic Community,                                            notice of invitation to tender.
 Having regard to Council Regulation (EEC) No 1799/87
 of 25 June 1987 on special arrangements for imports of
 maize and sorghum into Spain from 1987 to 1990 ('), and                                  Article 2
 in particular Articles 3 (2) and 8 thereof,
                                                                 1 . Tenders shall be lodged in writing with the compe­
Whereas, as part of an agreement with the United States         tent authority against a receipt or forwarded to that autho­
 of America, the Community has undertaken to import a           rity by telex, telegram or telefax.
certain quantity of maize into Spain in the years 1987 to
 1990 ; whereas by Decision 91 /30/EEC (2) on the conclu­
 sion of the exchange of letters complementing the above        2.     Tenders shall indicate :
 mentioned agreement, the Council approved the exten­
sion of that agreement to 1991 , that extension being           — the weekly invitation in response to which they are
without prejudice to the rights ans obligations arising              made ;
from the original agreement ;                                   — the name and exact address of the tenderer, with telex
                                                                     or telefax number,
Whereas unter the said rights and obligations Commis­
sion Regulation (EEC) No 3181 /90 (3) opens invitations to      — the type and quantity of the product to be imported ;
tender for the reduction in the levy on imports of the          — the reduction in the import levy proposed, in ecus per
quantities outstanding for 1990 ; whereas a closer estimate          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 ;
Whereas the measures provided for in this Regulation are        (c) they are accompanied by a written undertaking to
in accordance with the opinion of the Management                     lodge with the competent authority within two days of
Committee for Cereals,                                               receipt of notification of award as mentioned in
                                                                     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 3181 /90, an invitation to tender is hereby
opened for the reduction in the import levy on maize to         4. Tenders not meeting the requirements set out in
be imported into Spain.                                         paragraph 1 , 2 and 3 or incorporating terms other than
                                                                those provided for in the invitation to tender shall not be
                                                                valid.
(') OJ No L 170, 30. 6. 1987, p. 1 .
0 OJ No L 17, 23. 1 . 1991 , p. 17.
0 OJ No L 304, 1 . 11 . 1990, p. 65.                            5.     Once submitted, tenders may not be withdrawn.
 ---pagebreak--- No L 82/22                              Official Journal of the European Communities                               28 . 3 . 91
                           Article 3                              within the time limit laid down, a licence shall be issued
                                                                  for the quantities for which hehas 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 30 April 1991 .
                                                                  (b) where the successful tenderer provides proof in
3. Notwithstanding Article 2 (2) of Commission Regu­                  accordance with Articles 6 and 7 of (EEC) No 3105/87
lation (EEC) No 891 /89 (2), Article 5 (2) of Commission              that the product imported has been processed or used
Regulation (EEC) No 3105/87 (3) shall apply in respect of             ifi Spain ;
licences issued under this Regulation.
                                                                  (c) where the successful tenderer provides proof that the
4. Notwithstanding Article 9 of Regulation (EEC) No                   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,                                     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 (4);                                             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,
     or
                                                                  notice of invitation to tender. They must be forwarded in
                                                                  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.
2.    As soon as the Commission has reached a decision                                      Article 8
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, 27 March 1991 .
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
(') OJ No L 331 , 2. 12. 1988 , p. 1 .
  4 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--- 28 . 3 . 91                         Official Journal of the European Communities                             No L 82/23
                                                           ANNEX
            weekly invitation to tender for the reduction in the levy on maize imported from third countries
                                                (Regulation (EEC) No 798/91 )
                                        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
                                                    I
                     3
                     4
                     5
                                                                        |
                    etc.