CELEX: 31990R0883
Language: en
Date: 1990-04-07 00:00:00
Title: Commission Regulation (EEC) No 883/90 of 5 April 1990 opening an invitation to tender for the reduction in the levy on maize imported from third countries

No L 92/ 12                            Official Journal of the European Communities                                  7. 4. 90
                                    COMMISSION REGULATION (EEC) No 883/90
                                                        of 5 April 1990
                 opening an invitation to tender for the reduction in the levy on maize imported
                                                    from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       — the name and exact address of the tenderer, with telex
                                                                       or telefax number,
Having regard to the Treaty establishing the European
Economic Community,                                               —the type and quantity of the product to be imported,
Having regard to Council Regulation (EEC) No 1799/87              — the reduction in the import levy proposed, in ecus per
                                                                       tonne,
of 25 June 1987 on special arrangements for imports of
maize and sorghum into Spain from 1987 to 1990 ('), and           — the origin of the maize to be imported.
in particular Articles 3 (2) and 8 thereof,
Whereas, as part of an agreement with the United States           3.     Tenders shall be valid only if :
of America, the Community has undertaken to import a
certain quantity of maize into Spain in the years 1987 to         (a) evidence is provided before expiry of the time limit
1990 ; whereas, so that this commitment can be met, use                for submission that the tenderer has lodged a security
should be made of the possibility opened by Regulation                 for an amount per tonne equal to that of the reduc­
(EEC) No 1799/87 of fixing a reduction in the import                   tion proposed in the tender ;
levy on the product in question by invitation to tender ;         (b) they are accompanied by a written undertaking to
                                                                       lodge with the competent authority within two days of
Whereas, pursuant to Article 3 (3) of Regulation (EEC) No              receipt of notification of award as mentioned in
1799/87, the reduction in the levy is to be applied to                 Article 4 (2) an application for an import licence for
maize imported into Spain under cover of a licence valid               the quantities awarded together with an application
in that Member State alone ;                                           for advance fixing of the levy at the reduced rate
Whereas the specific additional rules required for admi­               proposed in the tender and an application for advance
nistering the invitation to tender should be laid down, in             fixing of the Spanish monetary compensatory
                                                                       amounts ;
particular rules on the lodging by operators and the
release of securities against fulfilment of their obligations,    (c) they are for at least 1 000 tonnes.
and in particular the obligation to process or use the
imported product in Spain ;
                                                                  4. Tenders not meeting the requirements set out in
Whereas the measures provided for in this Regulation are          paragraphs 1 , 2 and 3 or incorporating terms other than
in accordance with the opinion of the Management                  those provided for in the notice of invitation to tender
Committee for Cereals,                                            shall not be valid.
                                                                   5.    Once submitted, tenders may not be withdrawn.
HAS ADOPTED THIS REGULATION :
                          Article 1
                                                                                             Article 3
1 . An invitation to tender is hereby opened for the
reduction in the import levy on maize to be imported               1 . By way of derogation from Article 21 ( 1) of
into Spain.                                                        Commission Regulation (EEC) No 3719/88 (2), as
2.    The invitation to tender shall be open until 31 May         amended by Regulation (EEC) No 1903/89 (3), import
1990. During that period, weekly invitations shall be              licences shall, for the purposes of determining their term
issued with quantities and closing dates as shown in the          of validity, be deemed to have been issued on the closing
                                                                  date for the submission of tenders.
notice of invitation to tender.
                          Article 2                                2.    Import licences issued in connection with awards
                                                                   made under this invitation to tender shall be valid from
1 . Tenders shall be lodged in writing with the compe­             their date of issue within the meaning of paragraph 1 , to
tent authority against a receipt or forwarded to that autho­       30 June 1990.
rity by telex, telegram or telefax.
2.    Tenders shall indicate :                                     3. By way of derogation from Article 9 of Regulation
                                                                  (EEC) No 3719/88, rights conferred by import licences as
— the weekly invitation in response to which they are              referred to in this Article shall not be transferable.
     made ;
                                                                   (2) OJ No L 331 , 2. 12. 1988, p. 1 .
(') OJ No L 170, 30. 6. 1987, p. 1 .                               O OJ No L 184, 30. 6. 1989, p. 22.
 ---pagebreak--- 7. 4. 90                              Official Journal of the European Communities                           No L 92/ 13
                          Article 4                                  that the product imported has been processed or used
                                                                     in Spain ;
1.    On the basis of tenders submitted and forwarded,
the Commission shall decide in accordance with the              (c) where the successful tenderer provides evidence that
procedure laid down in Article 26 of Council Regulation             the product imported has become unfit for any use or
(EEC) No 2727/75 0) :                                               where import cannot be effected for reasons of force
                                                                    majeure.
— either to set a maximum reduction in the import levy,
    or                                                          2. Article 33 of Regulation (EEC) No 3719/88 shall
— to make no award.                                             apply to securities.
Where a maximum reduction in the import levy is set,
awards shall be made to the tenderer or tenderers offering                               Article 7
the maximum or a smaller reduction.
                                                                Tenders lodged must be forwarded by the competent
2.    As soon as the Commission has reached a decision          Spanish authority to the Commission to arrive not more
as referred to in paragraph 1 , the competent Spanish           than one and a half hours after the time limit laid down
authority shall notify all tenderers in writing of the          in the notice of invitation _to tender for the lodging of
outcome of their tenders.                                       tenders under weekly invitation. They must be forwarded
                                                                in the form shown in the Annex.
                          Article 5
                                                                Should no tenders be received, Spain shall inform the
1 . Where the successful tenderer lodges an application         Commission within the time limit referred to in the first
for an import licence as referred to in Article 2 (3) (b)       paragraph.
within the time limit laid down, a licence shall be issued
for the quantities for which has been awarded a contract.
                                                                                         Article 8
2. Where the undertaking referred to in Article 2 (3) (b)
is not fulfilled, the tendering security shall be forfeit.      The times laid down in this Regulation shall be Brussels
                                                                time.
                          Article 6
1 . Tendering securities shall be released :                                             Article 9
(a) where the tender is not accepted ;                          This Regulation shall enter into force on the day of its
(b) where the tenderer provides evidence pursuant to             publication in the Official Journal of the European
    Articles 6 and 7 of Regulation (EEC) No 3105/87 Q            Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 5 April 1990.
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                       Member of the Commission
O OJ No L 281 , 1 . 11 . 1975, p. 1 .
0 OJ No L 294, 17. 10. 1987, p. 15.
 ---pagebreak--- No L 92/ 14                         Official Journal of the European Communities                             7. 4. 90
                                                          ANNEX
            Weekly invitation to tender for the reduction in the levy on 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.