CELEX: 31991R3504
Language: en
Date: 1991-12-03
Title: Commission Regulation (EEC) No 3504/91 of 2 December 1991 opening an invitation to tender for the reduction in the levy on maize imported from third countries

3 . 12. 91                            Official Journal of the European Communities                             No L 331 /9
                                  COMMISSION REGULATION (EEC) No 3504/91
                                                   of 2 December 1991
                 opening an invitation to tender for the reduction in the levy on maize imported
                                                   from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European
Economic Community,                                                                       Article 1
Having regard to Council Regulation (EEC) No 1799/87             1 . An invitation to tender is hereby opened for the
of 25 June 1987 on special arrangements for imports of          reduction in the import levy on maize to be imported
maize and sorghum into Spain from 1987 to 1990 ('), as          into Spain.
amended by Regulation (EEC) No 3391 /91 (2), and in
particular Articles 3 (2) and 8 thereof,                        2. The invitation to tender shall be open until 19
                                                                December 1991 . During that period, weekly invitations
                                                                shall be issued with quantities and closing dates as shown
Whereas, as part of an agreement with the United States         in the notice of invitation to tender.
of America, the Community has undertaken to import a
certain quantity of maize into Spain in the years 1987 to
1990 ; whereas by Decision 91 /30/EEC (3) on the conclu­                                  Article 2
sion of the exchange of letters complementing the above­
mentioned agreement, the Council approved the exten­
sion of that agreement to 1991 , that extension being            1 . Tenders shall be lodged in writing with the compe­
without prejudice to the rights and obligations arising         tent authority against a receipt or forwarded to that autho­
from the original agreement ;                                   rity by telex, telegram or telefax.
                                                                2.     Tenders shall indicate :
Whereas, pursuant to Article 3 (3) of Regulation (EEC) No
 1799/87, the levy reduction is to be applied to maize          — the weekly invitation in response to which they are
imported into Spain under cover of a licence valid in that           made,
Member State alone ;
                                                                — the name and exact address of the tenderer, with telex
                                                                     or telefax number,
Whereas the specific additional rules required for admi­
                                                                — the type and quantity of the product to be imported,
nistrating the invitation to tender should be laid down,
including in particular rules on the lodging by operators       — the reduction in the import levy proposed, in ecus per
and the release of securities against fulfilment of their            tonne,
obligations, and in particular the obligation to process or     — the origin of the maize to be imported.
use the imported product in Spain ;
                                                                3.     Tenders shall be valid only if :
Whereas it is impossible for all the quantities of maize
and grain sorghum concerned to be imported into Spain           (a) they do not exceed the maximum quantity available
by 28 February 1992 as provided for in the Agreement ;               for each closing date for the submission of applica­
whereas Article 6 of Regulation (EEC) No 1799/87 should              tions ;
therefore be applied and the quantities for 1991 should be
imported during the period 1 January to 30 April 1992 ;         (b) evidence is provided before expiry of the time limit
                                                                     for submission that the tenderer has lodged a security
                                                                     for an amount per tonne equal to that of the reduc­
Whereas, with a view to avoiding any disturbances on the             tion proposed in the tender ;
Spanish market, the staggering of imports until the
month of April should be facilitated ; whereas the reduc­
tion in the levy should, for that purpose, be increased by      (c) they are accompanied by a written undertaking to
the amount of the monthly increases ;                                lodge with the competent authority within two days of
                                                                     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
(') OJ No L 170, 30. 6. 1987, p. 1 .                                 amounts ;
0 OJ No L 320, 22. 11 . 1991 , p. 1 .
0 OJ No L 17, 23. 1 . 1991 , p. 17.                             (d) they are for at least 25 000 tonnes.
 ---pagebreak--- No L 331 / 10                         Official Journal of the European Communities                                3 . 12. 91
4.     Tenders not meeting the requirements set out in          — ECU 6,0 per tonne for maize imported during the
paragraph 1 , 2 and 3 or incorporating terms other than              month of April 1992.
those provided for in the invitation to tender shall not be
valid.
                                                                3.     As soon as the Commission has reached a decision
5.     Once submitted, tenders may not be withdrawn.            as referred to in paragraph 1 , the competent Spanish
                                                                authority shall notify all tenderers in writing of the
                                                                outcome of their tenders.
                          Article 3
                                                                                           Article 5
 1 . Notwithstanding Article 21 (1) of Commission                1 . Where the successful tenderer lodges an application
Regulation (EEC) No 3719/88 (') import licences shall, for      for an import licence as referred to in Article 2 (3) (c)
the purposes of determining their term of validity, be          within the time limit laid down, a licence shall be issued
deemed to have been issued on the closing date for the          for the quantities for which he has been awarded a
submission of tenders.
                                                                contract.
2.     Import licences issued in connection with awards         2. Where the undertaking referred to in Article 2 (3) (c)
made under this invitation to tender shall be valid from 1      is not fulfilled, the tendering security shall be forfeit.
January to 30 April 1992.
3. Notwithstanding Article 2 (2) of Commission Regu­                                       Article 6
lation (EEC) No 891 /89 (2), Article 5 (2) of Commission
Regulation (EEC) No 3105/87 (3) shall apply in respect of        1.    The tendering security shall be released :
licences issued under this Regulation.                          (a) where the tender is not accepted ;
4. Notwithstanding Article 9 of Regulation (EEC) No             (b) where the tenderer provides evidence by means of a
3719/88, rights conferred by import licences shall not be            sales invoice to a processor or consumer in Spain that
transferable.                                                        the products imported have been processed or used in
                                                                     Spain ;
                                                                (c) where the successful tenderer provides evidence that
                          Article 4                                 the product imported has become unfit for any use or
                                                                    where import cannot be effected to reasons of force
                                                                    majeure.
1.     On the basis of tenders submitted and forwarded,
the Commission shall decide in accordance with the
                                                                2. Article 33 of Regulation (EEC) No 3719/88 shall
procedure laid down in Article 26 of Council Regulation         apply to securities.
(EEC) No 2727/75 (4);
— either to set a maximum reduction in the import levy,                                    Article 7
     or
— to make no awards.                                            Tenders lodged must be forwarded by the competent
                                                                Spanish authority to the Commission to arrive not more
                                                                than two hours after the time limit laid down in the
Where a maximum reduction in the import levy is set,
awards shall be made to the tenderer or tenderers offering
                                                                notice of invitation to tender. They must be forwarded in
                                                                the form shown in the Annex.
the maximum or a smaller reduction.
                                                                Should no tenders be received, Spain shall inform the
2. The amount of the reduction in the levy awarded in           Commission within the same period as that referred to in
accordance with paragraph 1 is increased by :                   the first paragraph.
— ECU 1,5 per tonne for maize imported during the
                                                                                           Article 8
     month of January 1992,
— ECU 3,0 per tonne for maize imported during the               The times for the purposes of this Regulation shall be
     month of February 1992,                                    Brussels time.
— ECU 4,5 per tonne for maize imported during the
     month of March 1992,
                                                                                           Article 9
(') OJ No L 331 , 2. 12. 1988, p. 1 .                           This Regulation shall enter into force on the day of its
(4 OJ No L 94, 7. 4. 1989, p. 13.
O OJ No L 294, 17. 10. 1987, p. 15.                             publication in the Official Journal of the European
0 OJ No L 281 , 1 . 11 . 1975, p. 1 .                            Communities.
 ---pagebreak--- 3. 12. 91                        Official Journal of the European Communities                             No L 331 /11
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 2 December 1991 .
                                                                        For the Commission
                                                                         Ray MAC SHARRY
                                                                   Member of the Commission
                                                        ANNEX
          Weekly invitation to tender for the reduction in the levy on maize imported from third countries
                                            (Regulation (EEC) No 3504/91 )
                                     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                            I
                   2
                                                 I
                   3
                                                 I
                   4
                                                 I
                   5
                                                 I                   l
                  etc.