CELEX: 31992R2690
Language: en
Date: 1992-09-17 00:00:00
Title: Commission Regulation (EEC) No 2690/92 of 16 September 1992 opening an invitation to tender for the reduction in the levy on maize imported from third countries

No L 272/36                               Official Journal of the European Communities                                 17. 9. 92
                                       COMMISSION REGULATION (EEC) No 2690/92
                                                       of 16 September 1992
                   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 15
                                                                     October 1992. During that period, weekly invitations shall
 Having regard to Council Regulation (EEC) No 1799/87                be issued with quantities and closing dates as shown in
 of 25 June 1987 on special arrangements for imports of              the notice of invitation to tender.
 maize and sorghum into Spain from 1987 to 1990 ('), as
 amended by Regulation (EEC) No 3391 /91 (2), 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                 1 . Tenders shall be lodged in writing with the compe­
 certain quantity of maize into Spain in the years 1987 to           tent authority against a receipt or forwarded to that autho­
 1990 ; whereas by Regulation (EEC) No 3919/91 (3) exten­            rity by telex, telegram or telefax.
 ding the measures taken under the abovementioned
 agreement, the Council approved the extension of that               2.      Tenders shall indicate :
 agreement to 1992, that extension being without preju­
 dice to the rights and obligations arising from the original        — the weekly invitation in response to which they are
                                                                          made,
 agreement ;
                                                                     — the name and exact address of the tenderer, with telex
 Whereas under the said rights and obligations Commis­                    or telefax number,
 sion Regulation (EEC) No 3504/91 (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 1991 ; 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 3504/91 , 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 320,  22. 11 . 1991 , p. 1 .
(3) OJ  No  L 372,  31 . 12. 1991 , p. 35.
(4) OJ  No  L 331 , 3. 12. 1991 , p. 9.                              5.      Once submitted, tenders may not be withdrawn.
 ---pagebreak---  17. 9. 92                                 Official Journal of the European Communities                           No L 272/37
                               Article 3                             within the time limit laid down, a licence shall be issued
                                                                     for the quantities for which he has 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
 paragraph 1 , until the last day of the month following the         (a) where the tender is not accepted ;
 month in which they were issued.                                    (b) where the tenderer provides evidence by means of a
                                                                          sales invoice to a processor or consumer in Spain that
 3. Notwithstanding Article 2 (2) of Commission Regu­                     the products imported have been processed or used in
 lation (EEC) No 891 /89 (2), Article 5 (2) of Commission                 Spain ;
 Regulation (EEC) No 3105/87 (3) shall apply in respect of
 licences issued under this Regulation.                              (c) where the successful tenderer provides evidence that
                                                                         the product imported has become unfit for any use or
 4. Notwithstanding Article 9 of Regulation (EEC) No                     where import cannot be effected to reasons of force
 3719/88, rights conferred by import licences shall not be               majeure.
 transferable.
                                                                     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 0 ;                                                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,             notice of invitation to tender. They must be forwarded in
      or                                                             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.
                                                                                                Article 8
 2.     As soon as the Commission has reached a decision
 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, 16 September 1992.
                                                                                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.
O    OJ  No L  281 , 1 . 11 . 1975, p. 1 .
 ---pagebreak--- No L 272/38                       Official Journal of the European Communities                             17. 9. 92
                                                         ANNEX
          Weekly invitation to tender for the reduction in the levy on maize imported from third countries
                                             (Regulation (EEC) No 2690/92)
                                      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.
                             I                    I