CELEX: 31993R0066
Language: en
Date: 1993-01-16 00:00:00
Title: Commission Regulation (EEC) No 66/93 of 15 January 1993 opening an invitation to tender for the reduction in the levy on maize imported from third countries

16. 1 . 93                            Official Journal of the European Communities                              No L 10/5
                                    COMMISSION REGULATION (EEC) No 66/93
                                                    of 15 January 1993
                 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
                                                                 into Spain.
maize and sorghum into Spain from 1987 to 1992 ('), as
last amended by Regulation (EEC) No 3875/92 (2), and in
particular Articles 3 (2) and 8 thereof,                         2. The invitation to tender shall be open until 1 April
                                                                  1993. During that period, weekly invitations shall be
                                                                 issued with quantities and closing dates as shown in the
Whereas, as part of an agreement with the United States          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
1992 ; whereas by Regulation (EEC) No 3919/91 (3) exten­                                   Article 2
ding the measures taken under the abovementioned
agreement, the Council approved the extension of that
agreement to 1992, that extension being without preju­            1 . Tenders shall be lodged in writing with the compe­
dice to the rights and obligations arising from the original     tent authority against a receipt or forwarded to that
agreement ;                                                      authority 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
nistrating the invitation to tender should be laid down,         — the type and quantity of the product to be imported,
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 1993 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 1992 should be
imported during the period 1 January to 30 April 1993 ;          (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 391 , 31 . 12. 1?92, p. 1 .
0 OJ No L 372, 31 . 12. 1991 , p. 35.                            (d) they are for at least 25 000 tonnes.
 ---pagebreak--- No L 10/6                                Official Journal of the European Communities                                 16 . 1 . 93
4.     Tenders not meeting the requirements set out in              — ECU 4,5 per tonne for maize imported during the
paragraph 1 , 2 and 3 or incorporating terms other than                  month of April 1993 .
those provided for in the invitation to tender shall not be
valid.                                                              3.     As soon as the Commission has reached a decision
                                                                    as referred to in paragraph 1 , the competent Spanish
5.     Once submitted, tenders may not be withdrawn.                authority shall notify all tenderers in writing of the
                                                                    outcome of their tenders.
                            Article 3                                                          Article 5
                                                                    1 . Where the successful tenderer lodges an application
1 . Notwithstanding Article 21 (1 ) of Commission                   for an import licence as referred to in Article 2 (3) (c)
Regulation (EEC) No 3719/88 (') import licences shall, for          within the time limit laid down, a licence shall be issued
the purposes of determining their term of validity, be              for the quantities for which he has been awarded a
deemed to have been issued on the closing date for the              contract.
submission of tenders.
                                                                    2. Where the undertaking referred to in Article 2 (3) (c)
2.     Import licences issued in connection with awards             is not fulfilled, the tendering security shall be forfeit.
made under this invitation to tender shall be valid from
the date on whch they are issued within the meaning of
paragraph 1 , until 30 April 1993.                                                             Article 6
                                                                    1.     The tendering security shall be released :
3. Notwithstanding Article 2 (2) of Commission Regu­
lation (EEC) No 891 /89 (2), Article 5 (2) of Commission            (a) where the tender is not accepted ;
Regulation (EEC) No 3105/87 0 shall apply in respect of
licences issued under this Regulation.                              (b) where the tenderer provides evidence by means of a
                                                                         sales invoice to a processor or consumer in Spain that
                                                                         the products imported have been processed or used in
4. Notwithstanding Article 9 of Regulation (EEC) No                      Spain ;
3719/88, rights conferred by import licences shall not be
transferable.                                                       (c) where the successful tenderer provides evidence that
                                                                        the product imported has become unfit for any use or
                                                                        where import cannot be effected to reasons of force
                                                                        majeure.
                            Article 4
                                                                    2. Article 33 of Regulation (EEC) No 3719/88 shall
1.     On the basis of tenders submitted and forwarded,             apply to securities.
the Commission shall decide in accordance with the
procedure laid down in Article 26 of Council Regulation
(EEC) No 2727/75 (4) ;                                                                         Article 7
— either to set a maximum reduction in the import levy,             Tenders lodged must be forwarded by the competent
     or                                                             Spanish authority to the Commission to arrive not more
                                                                    than two hours after the time limit laid down in the
— to make no awards.
                                                                    notice of invitation to tender. They must be forwarded in
                                                                    the form shown in the Annex.
Where a maximum reduction in the import levy is set,
awards shall be made to the tenderer or tenderers offering          Should no tenders be received, Spain shall inform the
the maximum or a smaller reduction.                                 Commission within the same period as that referred to in
                                                                    the first paragraph.
2.     The amount of the reduction in the levy awarded in
accordance with paragraph 1 is increased by :                                                  Article 8
— ECU 1,5 per tonne for maize imported during the                   The times for the purposes of this Regulation shall be
     month of February 1993,                                        Brussels time.
— ECU 3,0 per tonne for maize imported during the
     month of March 1993,
                                                                                               Article 9
 [') OJ No L 331 , 2. 12. 1988, p. 1 .                              This Regulation shall enter into force on the day of its
 p) OJ No L 94, 7. 4. 1989, p. 13.
 I3) OJ No L 294, 17. 10. 1987, p. 15.                              publication in the Official Journal of the European
 [4) OJ No L 281 , 1 . 11 . 1975, p. 1 .                             Communities.
 ---pagebreak--- 16. 1 . 93                        Official Journal of the European Communities                             No L 10/7
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 15 January 1993.
                                                                         For the Commission
                                                                           Rene STEICHEN
                                                                    Member of the Commission
                                                         ANNEX
           Weekly invitation to tender for the reduction in the levy on grain maize imported from third
                                                        countries
                                              (Regulation (EEC) No 66/93)
                                      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.