No L 20/4 Official Journal of the European Communities 25. 1. 94 COMMISSION REGULATION (EC) No 115/94 of 24 January 1994 opening an invitation to tender for the reduction in the levy on maize imported into Portugal from third countries THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3670/93 of 22 December 1993 on special arrangements for imports of maize into Portugal () and in particular Articles 2 (2) and 7 thereof, Whereas, as part of an agreement with the United States of America, the Community has undertaken to import a certain quantity of maize into Portugal ; Whereas, pursuant to Article 2 (3) of Regulation (EC) No 3670/93, the levy reduction is to be applied to maize imported into Portugal under cover of a licence valid in that Member State alone; Whereas the specific additional rules required for administrating the invitation to tender should be laid down, including in particular rules on the lodging by operators and the release of securities against fulfilment of their obligations, and in particular pursuant to Article 7 of Regulation (EC) No 3670/93 the obligation to process or use the imported product in Portugal ; ' Whereas, with a view to avoiding any disturbances on the Portuguese 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 the amount of the monthly increases; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION : Article 1 1. An invitation to tender is hereby opened for the reduction in the import levy referred to in Article 10 of Council Regulation (EEC) No 1766/92 (Z) on maize to be imported into Portugal. 2. The invitation to tender shall be open until 3 March 1994. During that period, weekly invitations shall be () OJ No L 338, 31. 12. 1993, p. 3. () OJ No L 181, 1. 7. 1992, p. 21. issued with quantities and closing dates as shown in the notice of invitation to tender. Article 2 1. Tenders shall be lodged in writing with the compe- tent Portuguese authority against a receipt or forwarded to that authority by telex, telegram or telefax. 2. Tenders shall indicate : — the weekly invitation in response to which they are made, — the name and exact address of the tenderer, with telex or telefax number, — the type and quantity of the product to be importéd, — the reduction in the import levy proposed, in ecus per tonne, — the origin' of the maize to be imported. 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- tions ; ® ~— 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- tion proposed in the tender; (c) they are accompanied by a written undertaking to lodge with the competent Portuguese authority within two days of receipt of notification of award as mentioned in Article 4 (3) an application for an import licence for the quantities awarded together with an application for advance fixing of the levy at the reduced rate proposed in the tender; (d) they are for at least 5000 tonnes. 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 valid. 5. "Once submitted, tenders may not be withdrawn. Article 3 1. Notwithstanding Article 21 (1) of Commission Regulation (EEC) No 3719/88 (3) import licences shall, for the purposes of determining their term of validity, be ‘deemed to have been issued on the closing date for the submission of tenders. () OJ No L 331, 2. 12. 1988, p. 1.