CELEX: 31990R3180
Language: en
Date: 1990-11-01
Title: Commission Regulation (EEC) No 3180/90 of 30 October 1990 opening an invitation to tender for the reduction in the levy on maize imported from third countries

1 . 11 . 90                            Official Journal of the European Communities                            No L 304/65
                                   COMMISSION REGULATION (EEC) No 3180/90
                                                     of 30 October 1990
                 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 20
                                                                  December 1990. During that period, weekly invitations
Having regard to the Treaty establishing the European             shall be issued with quantities and closing dates as shown
Economic Community,                                               in the 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, so that this commitment can be met, use
should be made of the possibility opened by Regulation            2.     Tenders shall indicate :
(EEC) No 1799/87 of fixing a reduction in the import
levy on the product in question by invitation to tender ;         — the weekly invitation in response to which they are
                                                                       made,
Whereas, pursuant to Article 3 (3) of Regulation (EEC) No         — the name and exact address of the tenderer, with telex
 1799/87, the reduction in the levy is to be applied to                or telefax number,
maize imported into Spain under cover of a licence valid
in that Member State alone ;                                      — the type and quantity of the product to be imported,
                                                                  — the reduction in the import levy proposed, in ecus per
Whereas the specific additional rules required for                   . tonne,
administering the invitation to tender should be laid
down, in particular rules on the lodging by operators and         — the origin of the maize to be imported.
the release of securities against fulfilment of their obliga­
tions, and in particular the obligation to process or use         3.     Tenders shall be valid only if :
the imported product in Spain ;
                                                                  (a) they do not exceed the maximum quantity available
Whereas, with a view to facilitating the marketing of the              for each closing date for the submission of applica­
Community production, it was agreed with representatives               tions ;
of the United States of America that the importation of
the quantities remaining from 1990 may take place
during the period from 1 January to 30 April 1991 ;               (b) evidence is provided before expiry of the time limit
                                                                       for submission that the tenderer has lodged a security
Whereas, with a view to avoiding any disturbances on the               for an amount per tonne equal to that of the reduc­
Spanish market, the staggering of imports until the                    tion proposed in the tender ;
month of April should be facilitated ; whereas the reduc­         (c) they are accompanied by a written undertaking to
tion in the levy should, for that purpose, be increased by             lodge with the competent authority within two days of
the amount of the monthly increases ;                                  receipt of notification of award as mentioned in
                                                                       Article 4 (3) an application for an import licence for
Whereas the measures provided for in this Regulation are               the quantities awarded together with an application
in accordance with the opinion of the Management                       for advance fixing of the levy at the reduced rate
Committee for Cereals,                                                 proposed in the tender and an application for advance
                                                                       fixing of the Spanish monetary compensatory
HAS ADOPTED THIS REGULATION :                                          amounts ; .
                                                                  (d) they are for at least 25 000 tonnes.
                          Article 1
                                                                  4. Tenders not meeting the requirements set out in
 1 . An invitation to tender is hereby opened for the             paragraphs 1 , 2 and 3 or incorporating terms other than
reduction in the import levy on maize to be imported              those provided for in the notice of invitation to tender
into Spain.                                                       shall not be valid.
(>) OJ No L 170, 30. 6. 1987, p. 1 .                              5.     Once submitted, tenders may not be withdrawn.
 ---pagebreak--- No L 304/66                              Official Journal of the European Communities                                 1 . 11 . 90
                            Article 3                              within the time limit laid down, a licence shall be issued
                                                                   for the quantities for which has been awarded a contract.
1.    By way of derogation from Article 21 (1) of
Commission Regulation (EEC) No 3719/88 ('), import                  2. Where the undertaking referred to in Article
licences shall, for the purposes of determining their term          2 (3) (c) is not fulfilled, the tendering security shall be
of validity, be deemed to have been issued on the closing           forfeit.
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          1 . Tendering securities shall be released :
Janaury to 30 April 1991 .                                          (a) where the tender is not accepted ;
3 . By way of derogation from Article 9 of Regulation               (b) where the tenderer provides evidence by means of a
(EEC) No 3719/88, rights conferred by import licences as                 sales invoice to a processor or consumer in Spain that
referred to in this Article shall not be transferable.                   the products imported have been processed or used in
                                                                         Spain ;
                            Article 4                               (c) where the successful tenderer provides evidence that
 1.    on the basis of tenders submitted and forwarded, the              the product imported has become unfit for any use or
Commission shall decide in accordance with the proce­                    where import cannot be effected for reasons of force
dure laid down in Article 26 of Council Regulation (EEC)                 majeure.
No 2727/75 Q :                                                      2. Article 33 of Regulation (EEC) No 3719/88 shall
— either to set a maximum reduction in the import levy,             apply to securities.
     or
                                                                                               Article 7
— to make no award.
                                                                    Tenders lodged must be forwarded by the competent
Where a maximum reduction in the import levy is set,                Spanish authority to the Commission to arrive not more
awards shall be made to the tenderer or tenderers offering          than two hours after the time limit laid down in the
the maximum or a smaller reduction .
                                                                    notice of invitation to tender for the lodging of tenders
 2. The amount of the reduction in the levy awarded in              under weekly invitation. They must be forwarded in the
 accordance with paragraph 1 is increased by :                       form shown in the Annex.
— ECU 3 per tonne for maize imported during the                      Should no tenders be received, Spain shall inform the
     month of January 1991 ,                                         Commission within the time limit referred to in the first
— ECU 4,5 per tonne for maize imported during the                    paragraph.
     month of February 199.1 ,
                                                                                               Article 8
— ECU 6 per tonne for maize imported during the
     month of March 1991 ,                                           The times laid down in this Regulation shall be Brussels
— ECU 7,5 per tonne for maize imported during the                    time .
     month of April 1991 .
                                                                                               Article 9
 3.    As soon as the Commission has reached a decision
 as referred to in paragraph 1 , the competent Spanish               Commission Regulation (EEC) No 3932/89 (3) is hereby
 authority shall notify all tenderers in writing of the              repealed.
 outcome of their tenders.
                                                                                              Article 10
                            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, 30 October 1990 .
                                                                                For the Commission
                                                                                 Ray MAC SHARRY
                                                                            Member of the Commission
 (') OJ No L 331 , 2. 12. 1988, p. 1 .
  2) OJ No L 281 , 1 . 11 . 1975, p. 1 .                             (3) OJ No L 375, 23 . 12. 1989, p. 87.
 ---pagebreak--- 1 . 11 . 90                         Official Journal of the European Communities                            No L 304/67
                                                          ANNEX
            Weekly invitation to tender for the reduction in the levy on maize imported from third countries
                                               (Regulation (EEC) No 3180/90)
                                        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.