CELEX: 31993R2774
Language: en
Date: 1993-10-09 00:00:00
Title: Commission Regulation (EEC) No 2774/93 of 8 October 1993 opening an invitation to tender for the reduction in the levy on maize imported from third countries

9 . 10. 93                               Official Journal of the European Communities                               No L 252/3
                                      COMMISSION REGULATION (EEC) No 2774/93
                                                         of 8 October 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                                        Article 1
 Economic Community,
                                                                     1 . An invitation to tender is hereby opened for the
                                                                     reduction in the import levy on maize to be imported
 Having regard to Council Regulation (EEC) No 1799/87                into Spain, in addition to the invitations to tender opened
 of 25 June 1987 on special arrangements for imports of              by Regulation (EEC) No 66/93.
 maize and sorghum into Spain from 1987 to 1992 0, as
 last amended by Regulation (EEC) No 3875/92 (2), and in             2. An invitation to tender shall be open until
 particular Articles 3 (2) and 8 thereof,                            18 November 1993. During that period, weekly invita­
                                                                     tions shall be issued with quantities and closing dates as
                                                                     shown in the notice of invitation to tender.
 Whereas, as part of an agreement with the United States
 of America, the Community has undertaken to import a
 certain quantity of maize into Spain in the years 1987 to                                    Article 2
 1992 ; whereas by Regulation (EEC) No 991 /93 (3) extend­
 ing the measures taken under the abovementioned agree­              1 . Tenders shall be lodged in writing with the com­
 ment, the Council approved the extension of that agree­             petent Spanish authority against a receipt or forwarded to
 ment to 1993, that extension being without prejudice to             that authority by telex, telegram or telefax.
 the rights and obligations arising from the original agree­
 ment ;                                                              2.     Tenders shall indicate :
                                                                    — the invitation in response to which they are made,
Whereas, within the framework of those rights and obli­             — the name and exact address of the tenderer, with telex
gations, Commission Regulation (EEC) No 66/93 (4)                        or telefax number,
opened invitations to tender for the reduction in the levy          — the type and quantity of the product to be imported,
on import of the quantities remaining in 1992 ; whereas
these quantities were not covered by the invitations to             — the reduction in the import levy proposed, in ecus per
                                                                         tonne,
 tender ; whereas, in the light of current market needs in
 Spain, the balance left for import should be earmarked for         — the origin of the maize to be imported.
 that country ; whereas, to that end, a new invitation to
tender should be opened ;                                           3.     Tenders shall be valid only if :
                                                                    (a) they do not exceed the maximum quantity available
                                                                         for each closing date for the submission of applica­
Whereas, pursuant to Article 3 (3) of Regulation (EEC)                   tions ;
No 1799/87, the levy reduction is to be applied to maize            (b) evidence is provided before expiry of the time limit
imported into Spain under cover of a licence valid in that
Member State alone ;
                                                                         for submission that the tenderer has lodged a security
                                                                         for an amount per tonne equal to that of the
                                                                         reduction proposed in the tender ;
Whereas the specific additional rules required for admin­           (c) they are accompanied by a written undertaking to
istering the invitation to tender should be laid down,                   lodge with the competent Spanish authority within
including in particular rules on the lodging by operators                two days of receipt of notification of award as
and the release of securities against fulfilment of their                mentioned in Article 4 an application for an import
obligations, and in particular the obligation to process or              licence for the quantities awarded together with an
use the imported product in Spain ;                                      application for advance fixing of the levy at the
                                                                         reduced rate proposed in the tender ;
Whereas the Management Committee for Cereals has not                (d) they are for at least 1 000 tonnes.
delivered an opion within the time limit set by its
chairman,                                                           4. Tenders not meeting the requirements set out in
                                                                    paragraphs 1 , 2 and 3 or incorporating terms other than
(')  OJ No  L 170, 30. 6. 1987, p. 1 .
                                                                    those provided for in the invitation to tender shall not be
                                                                    valid.
(2)  OJ No  L 391 , 31 . 12. 1992, p. 1 .
(3)  OJ No  L 104, 29. 4. 1993, p. 1 .
0    OJ No  L 10, 16. 1 . 1993, p. 5.                               5.     Once submitted, tenders may not be withdrawn.
 ---pagebreak--- No L 252/4                            Official Journal of the European Communities                                9 . 10. 93
                         Article 3                              for the quantities for which he has been awarded a
                                                                contract.
1.    Notwithstanding Article 21 ( 1 ) of Commission
Regulation (EEC) No 3719/88 (') import licences shall, for      2. Where the undertaking referred to in Article 2 (3) (c)
the purposes of determining their term of validity, be           is not fulfilled, the tendering security shall be forfeit.
deemed to have been issued on the closing 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.    The tendering security shall be released :
1 November until 31 December 1993 .
                                                                (a) where the tender is not accepted ;
3.    Import licences issued in connection with awards          (b) where the tenderer provides evidence by means of a
made under these invitations to tender shall be subject to           sales invoice to a processor or consumer in Spain that
the provisions of Regulation (EEC) No 1799/87.                       the products imported have been processed of used in
4. Notwithstanding Article 2 (2) of Commission Regu­                 Spain ;
lation (EEC) No 891 /89 (2), Article 5 (2) of Commission        (c) where the successful tenderer provides evidence that
Regulation (EEC) No 3105/87 (3) shall apply in respect of            the product imported has become unfit for any use or
licences issued under this Regulation.                               where import cannot be effected to reasons of force
                                                                     majeure.
5. Notwithstanding Article 9 of Regulation (EEC)
No 3719/88, rights conferred by import licences shall not        2.    Article 33 of Regulation (EEC) No 3719/88 shall
be transferable.                                                 apply to securities.
                         Article 4
                                                                                           Article 7
1.    On the basis of tenders submitted and forwarded,
the Commission shall decide in accordance with the              Tenders lodged must be forwarded by the comptent
procedure laid down in Article 23 of Council Regulation         Spanish authority to the Commission to arrive not more
(EEC) No 1766/92 (4) :                                          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
                                                                the form shown in the Annex.
    or
— 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 authority of      The times for the purposes of this Regulation shall be
the Member State shall notify all tenderers in writing of        Brussels time.
the outcome of their tenders.
                         Article 5                                                         Article 9
1 . Where the successful tenderer lodges an application         This Regulation shall enter into force on the day
for an import licence as referred to in Article 2 (3) (c)       following its publication in the Official Journal of the
within the time limit laid down, a licence shall be issued       European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 8 October 1993.
                                                                           For the Commission
                                                                             Rene STEICHEN
                                                                      Member of the Commission
0 OJ No L 331 , 2. 12. 1988, p. 1 .
 4 OJ No L 94, 7. 4. 1989, p. 13.
0 OJ No L 294, 17. 10. 1987, p. 15.
O OJ No L 181 , 1 . 7. 1992, p. 21 .
 ---pagebreak--- 9 . 10. 93                        Official Journal of the European Communities                            No L 252/5
                                                         ANNEX
           Weekly invitation to tender for the reduction in the levy on grain maize imported from third
                                                        countries
                                             (Regulation (EEC) No 2774/93)
                                      Deadline for submission of tenders (date/time)
                     1                  2                   3                    4               5
              Numbering of         Quantity            Reduction in       Green rate fixed     Origin
                tenderers           (tonnes)            import levy         in advance     of the cereals
                    1
                    2
                    3
                    4
                    5
                   etc.