CELEX: 31993R1596
Language: en
Date: 1993-06-25
Title: Commission Regulation (EEC) No 1596/93 of 24 June 1993 opening an invitation to tender for the reduction in the levy on maize imported from third countries

25. 6. 93
                                        Official Journal of the European Communities                             No L 153/ 19
                                    COMMISSION REGULATION (EEC) No 1596/93
                                                       of 24 June 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 ('), as
last amended by Regulation (EEC) No 3875/92 (2), and in           2. An invitation to tender shall be open until 22 July
particular Articles 3 (2) and 8 thereof,                          1993. During that period, weekly invitations 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) exten­
ding the measures taken under the abovementioned                  1 . Tenders shall be lodged in writing with the compe­
agreement, the Council approved the extension of that            tent Spanish authority against a receipt or forwarded to
agreement to 1993, that extension being without preju­           that authority by telex, telegram or telefax.
dice to the rights and obligations arising from the original
                                                                 2.     Tenders shall indicate :
agreement ;
                                                                 — 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          — the reduction in the import levy proposed, in ecus per
these quantities were not covered by the invitations to               tonne,
tender ; whereas, in the light of current market needs in
Spain, part of the balance left for import should be             — the origin of the maize to be imported.
earmarked for 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            for submission that the tenderer has lodged a security
Member State alone ;
                                                                      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 measures provided for in this Regulation are         (d) they are for at least 1 000 tonnes.
in accordance with the opinion of the Management
Committee for Cereals,                                           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.
(2) OJ No L 391 , 31 . 12. 1992, p. 1 .
(3) OJ No L 104, 29. 4. 1993, p. 1 .
« OT No L 10, 16. 1 . 1993, p. 5.                                 5.    Once submitted, tenders may not be withdrawn.
 ---pagebreak---   No L 153/20                           Official Journal of the European Communities                                  25. 6. 93
                           Article 3                               within the . time limit laid down, a licence shall be issued
  1 . Notwithstanding Article 21 (1 ) of Commission                for the quantities for which he has been awarded a
                                                                   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 .
 2.     Import licences issued in connection with awards                                     Article 6
 made under this invitation to tender shall be valid from
the date on which they are issued within the meaning of            1 . The tendering security shall be released :
paragraph 1 , until 31 July 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
                                                                       Spain ;
4. Notwithstanding Article 2 (2) of Commission Regu­
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,
                                                                  Tenders lodged must be forwarded by the comptent
the Commission shall decide in accordance with the
                                                                  Spanish authority to the Commission to arrive not more
procedure laid down in Article 26 of Council Regulation           than two hours after the time limit laid down in the
(EEC) No 2727/78 (4) :                                            notice of invitation to tender. They must be forwarded in
— either to set a maximum reduction in the import levy,           the form shown in the Annex.
     or
                                                                  Should no tenders be received, Spain shall inform the
— to make no awards.                                              Commission within the same period as that referred to in
Where a maximum reduction in the import levy is set,              the first paragraph.
awards shall be made to the tenderer or tenderers offering
the maximum or a smaller reduction.                                                          Article 8
2.     As soon as the Commission has reached a decision           The times for the purposes of this Regulation shall be
as referred to in paragraph 1 , the competent authority of        Brussels time.
the Member State shall notify all tenderers in writing of
the outcome of their tenders .
                                                                                             Article 9
                           Article 5
                                                                  This Regulation shall enter into force on the day
 1.    Where the successful tenderer lodges an application        following its publication in the Official Journal of the
for an import licence as referred to in Article 2 (3) (c)         European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 24 June 1993 .
                                                                             For the Commission
                                                                               Rene STEICHEN
                                                                         Member of the Commission
 (') OJ No L 331 , 2. 12. 1988 , p. 1 .
 (2) OJ No L 94, 7. 4. 1989, p. 13.
 (3) OJ No L 294, 17. 10. 1987, p. 15.
 n OT No L 281 , 1 . 11 . 1975, p. 1 .
 ---pagebreak--- 25. 6. 93                        Official Journal of the European Communities                            No L 153/21
                                                        ANNEX
          Weekly invitation to tender for the reduction in the levy on grain maize imported from third
                                                       countries
                                            (Regulation (EEC) No 1596/93)
                                     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.