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Auction 2/2023 Valencia Maritime Customs

Note: LOCATION AND DATE OF VISIT HAVE BEEN MODIFIED, ACCORDING TO NEW ANNEX II (I)

It is communicated for public knowledge that on the next day December 19, 2023, at 9:30 a.m., in the Assembly Hall (5th floor) of the Customs Region of the AEAT of Valencia, calle Jesús, number 19, 46007 Valencia , (limited capacity) the sale at public auction of the goods listed in the attached sheets will take place, the development of the same adjusting to the following

TERMS

1. LEGAL SYSTEM

This auction will be carried out in application of the provisions of articles 198 and 199 of Regulation (EU) No. 952/2013 of the European Parliament of the Council of October 9, 2013 by which establishes the Union Customs Code, articles 247 to 250 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down rules for the implementation of certain provisions of Regulation (EU) No 952 /2013 of the European Parliament and of the Council establishing the Customs Code of the Union, articles 316 et seq. and 419 to 423 of the Customs Ordinances, approved by Decree of 17 October 1947, and will be concluded in accordance with the provisions of the General Collection Regulation, approved by Royal Decree 939/2005, of July 29, and in Law 7/2012 of October 29, modifying tax and budgetary regulations and adapting financial regulations for the intensification of actions in the prevention and fight against fraud.

2. PURPOSE OF THE AUCTION

The purpose of this auction is the sale of assets contained in Annex I. The location of the different locations where said assets are deposited is detailed in Annex II.

This new Auction includes merchandise that was declared void and null in Auction 1/2023. Said merchandise has been revalued at 75% of the starting value of the previous Auction.

Merchandise included in Lots 3, 13, 14, 16, 17, 18, 19, 20, 21, 24 and 29.   

3. BIDDERS

3.1. With the exception of the personnel assigned to the body that agreed to the sale of the assets, the appraisers, the custodians and the officials directly involved in the sale procedure, any person who has the capacity to act in accordance with the law and who is not impeded or restricted by law may take part in the auction, either personally or through a representative.

Every bidder must prove his identity by presenting his ID and, in the case of acting as a representative of another person, he must justify such status in an appropriate manner.

3.2. In order to be accepted as such, all bidders must first provide the Auction Committee with a security deposit of 5% of the bid offered by them for each of the lots they wish to bid on. These deposits will be made by providing, in the manner described in section 3.3, proof of payment into account number ES70 0182 5941 4702 0003 0857 of the State Tax Administration Agency at BBVA, accompanied by Annex III completed in full and correctly with all current data (that is, if a bidder wishes to bid for more than one lot, he/she must make as many deposits as there are lots he/she wishes to bid for). The aforementioned payment into the bank account must expressly state the lot number for which you are bidding and the NIF of the interested party.

When making the deposit, the bidder must declare whether he wishes his deposit to be reserved in the event that the highest bidder in the auction does not fulfil the obligation to pay the remainder of the award price within the period granted for this purpose in accordance with the provisions of section 5.7. To do so, you must check the corresponding box in Annex III. If this box is not checked, it will be understood that the bidder does not wish his deposit to be reserved.

3.3. Bidders must submit their bid for each lot by completing Annex IV and placing it in an individual, duly sealed envelope for each lot for which they wish to bid. Bids may be submitted from the time the auction is announced until 1:00 p.m. on the day before the auction is held, in the manner and with the requirements set out in section 5.2. These bids must be submitted to the General Registry of the Customs Administration and II. EE. Valencia-Marítima, located at Calle Muelle de la Aduana, s/n (46024 - Valencia). In this regard, it must be taken into account that shipments of documentation made by courier services must be received at the aforementioned General Registry before the date and time indicated above.

The bidder must include in the sealed envelope the proof of payment into account nº ES70 0182 5941 4702 0003 0857 of the State Tax Administration Agency at BBVA accompanied by Annex III duly completed as indicated in the previous section.

This same procedure will be used to place bids in the case of a second tender.

Bids will only be considered valid if the envelopes presented actually contain each and every one of the documents indicated in the preceding paragraphs. Otherwise, the bid will be considered void.

4. TRIBUTES

The price of the award of the goods will include import duties in the territory in which the goods are located and other corresponding taxes, except for the Special Tax on certain means of transport, the amount of which must be paid, where applicable, at the time of registration of the vehicle. In any case, the Property Transfers category of the Tax on Property Transfers and Documented Legal Acts regulated by Royal Legislative Decree 1/1993, of September 24, must be met.

5. AUCTION PROCESS 

5.1. Auction table

The Auction Board will be made up of the Head of the Regional Customs and II Department. Excise Duties of the AEAT in Valencia, or a person belonging to the AEAT civil service to whom he delegates, who will hold the Presidency of the Board; the Deputy Regional Head of the Customs Management Area of the AEAT in Valencia, or a person belonging to the AEAT civil service to whom he delegates, as a Member; and another person belonging to the AEAT civil service in the Customs and Excise Department, who will act as Secretary. The public voice will be acted by a member of the AEAT civil service appointed by the Chairman of the Board.

5.2. Bidding system

Bids, which will be unique for each person and lot, will be made in writing, in a properly sealed envelope and in accordance with the bidding model in Annex IV, with the following information:

  • name and surname, NIF or CIF social,
  • lot number being bid on,
  • quantity in number and letter and
  • signature of the interested party or his/her representative, attaching in both cases proof of his/her identity and/or representation.

Each bid shall be submitted in an individual envelope for each lot and person, duly sealed. The outside of the envelope will contain, solely and exclusively, the lot number for which the bid is being made, the NIF of the bidder and the indication “FIRST BID” and inside the envelope the document with the aforementioned requirements and proof of deposit payment, together with Annex III.

Bids that do not cover the minimum exit value shall not be permitted.

Also, bids for the case of second bidding may also be made. The procedure and requirements will be the same as those indicated for the first tender, indicating on the outside of the envelope, solely and exclusively, the lot number for which the bid is being made, the NIF of the bidder and the indication “SECOND BID”. In the second tender, it will not be necessary to include again the proof of deposit payment or Annex III unless the first tender has not been carried out for the lot in question.

Bids in the second tender that do not cover 75% of the minimum starting price will not be accepted.

Failure to comply with the above conditions will result in the bid being considered VOID.

At the end of each of the bids by opening the corresponding envelopes, the winner will be announced publicly, who will be the winner for having offered the highest amount. If several bidders place the same bid, and this amount is the highest, the lot shall be put up for auction as follows:

  1. If all the bidders who placed the same bid are present in the room, as many bids will be placed as necessary to award the lot to the highest bidder among those bidders and for an amount higher than that initially bid. Bidding will be verbal and will be based on the starting price of the lot in question.
    • Up to €600……………………..  in increments of €50.
    • From €601 to €3,000………………..  from 100 to 100€.
    • From €3,001 to €6,000………………..200 at a time.
    • From €6,001 to €10,000…………….. from 500 to 500 €.
    • From €10,001 onwards... €1,000 each.
    1. If none of the bidders who agree on the bid are present in the room, they will be sent a communication in order to make a new bid for an amount higher than that initially bid within ten business days from the day following notification of said communication. Said bid must be submitted in accordance with the provisions of section 3.3 of these Rules by submitting an individual envelope for each lot and person, duly sealed, on the outside of which will be indicated, solely and exclusively, the lot number for which the bid is being submitted, the NIF of the bidder and the indication “THIRD BID”. The document in Annex IV must be included inside the envelope, duly completed, without it being necessary to make a new deposit in accordance with the new bid. The same procedure will be followed in succession until the lot is awarded to the highest bidder.
    2. If there are bidders present and those not present in the room among the bidders who agree on the bid, those present will be notified at the same time that they will have ten business days from the day after the auction to submit a new bid for an amount higher than that initially bid; and with the bidders not present, the procedure shall be as set out in point (b) above. The same procedure will be followed in succession until the lot is awarded to the highest bidder.

    In the event that a bidder does not submit a new bid within the time limit indicated in paragraphs b or c above, it will be understood that said bidder has chosen to withdraw from the bid.

    In-person attendance at the bidding system will be subject to the capacity of the room in which the auction will take place under the conditions determined by the health authorities at the time of the auction and to the prior request for attendance through the procedure indicated in section 8.

    If bids are submitted in which there is a discrepancy between the amount expressed in numerical form and that expressed in words, the amount expressed in letters shall prevail.

    5.3. Modification or withdrawal of lots

    The Board reserves the right to modify or withdraw any lot before or during the auction and prior to the bidding, as well as to suspend it if there are indications of collusion, a shortage of bidders or any cause that could be detrimental to the Treasury.

    5.4. Second auction

    In the event of failure to dispose of all or part of the goods in the first auction, it may be agreed by the panel to immediately hold a second auction, permitting bids that cover 75 percent of the first tender. In order to participate in the second tender, it will be necessary to have constituted a security deposit and presented Annex III, in the terms and conditions established in point 5.2 above, the non-compliance of which will determine the loss of the right to take part in the auction.

    5.5. Refund of deposits

    From the day after the auction is held, the Board will return by bank transfer any deposits that have been made, except those belonging to the successful bidders, which will be reserved as a guarantee for compliance with the obligation to pay the remainder of the award price.

    Likewise, in the event that the bidder has expressed his desire that the deposit be reserved in case the highest bidder in the auction does not comply with the obligation to pay the remainder of the award price within the period granted for this purpose in accordance with the provisions of section 5.7, the amount of the deposit will be retained until the successful bidder has complied with the obligation to pay the award price.

    5.6. Accreditation of the successful bidder

    At the time of the awarding of any lot at auction, the successful bidder must prove his identity by showing his identity document or other document and also prove his representation if he acts on behalf of third parties, with the award certificates for the respective lot being issued exclusively in his favor or in the favor of the third party represented.

    5.7. Payment of the action price

    The successful bidders must pay into account number ES70 0182 5941 4702 0003 0857 of the State Tax Administration Agency at BBVA, within FIFTEEN CALENDAR DAYS following the date of the Auction, the difference between the deposit made and the award price. Successful bidders who do not proceed in this manner will lose the right to be awarded the lot and the amount of their deposit, and will be obliged to compensate the Administration for any damages caused by such non-payment.

    In the event of non-payment of the auction price by the successful bidder, the Board may choose to agree to award the contract to the bidder who, having expressed his wish to reserve the deposit in case the highest bidder at the auction did not fulfil the obligation to pay the remainder of the award price within the period granted for this purpose, had made the second highest offer. In the event that there are two offers that meet both requirements, a communication will be sent to them for the purpose of making a new bid to the Secretariat of the aforementioned Regional Department for an amount greater than that initially tendered within ten business days from the day following notification of said communication. The same procedure will be followed in succession until the lot is awarded to the highest bidder.

    5.8. Auction award minutes

    Once the requirements for the withdrawal of the assets awarded at auction have been met, the successful bidders will be given certificates of the auction of the assets and the auction prices for the applicable tax purposes.

    5.9. Charges, levies and other expenses

    The successful bidder shall be responsible for all charges and encumbrances of any kind, type or nature (whether from a public or private entity) that fall on the auctioned contracts, or on any of the physical or legal operations that may result.

    The costs relating to the stamping of the chassis number of the vehicles and vessels awarded, obtaining the facsimiles, ITV , technical sheets and photographs necessary, where applicable, for the issue of the registration of motor vehicles will be borne by the successful tenderer; costs that have to be paid to the places where they are being stored, where applicable, as well as those arising from the regularization of alterations to the original factory features of the same.

    The containers in which the goods may be located are not part of the lot and the costs of transfer and removal of the same will be borne by the successful bidders.

    5.10. Removal of awarded property

    To withdraw the awarded lots, all or some of the following documents must first be submitted to the General Registry of the Delegation of the State Agency of the Tax Administration of Valencia, located at Calle Muelle de la Aduana, s/n (46024 - Valencia), depending on the case:

    • Bank receipt of the pending disbursement in account no. ES70 0182 5941 4702 0003 0857 of the State Tax Administration Agency at BBVA.
    • Original and copy of the payment letter for the Tax on Property Transfers and Documented Legal Acts, if applicable.

    Once the above conditions have been verified, Customs will issue a certificate of the award of the goods at auction. This document will serve as proof to be able to remove the goods from the place where they are located.

    The winners of lots entailing expenses for their period in storage will be responsible for such expenses from the day following that of the adjudication certificate's delivery.

    The lots must be removed within the TWENTY CALENDAR DAYS following that of the auction. After NINETY DAYS have elapsed from the award without the goods having been withdrawn, they may be abandoned in accordance with the provisions of sections 6 and 7 of article 316 of the Customs Ordinances.

    6. INSPECTION OF THE LOTS 

    The goods to be auctioned are stored in the places indicated in each lot and may be examined by interested parties to verify their quality, quantity and other circumstances related to them during the days 27 November to 1 December 2023, during the hours and in accordance with the prerequisites indicated in Annex II.

    At Sagunto Customs, visiting days will be 11/27/2023, 11/29/23 to 12/1/2023. At the Maritime Station of the Port of Alicante, visiting days will be 11/27/2023 to 11/29/2023, and 12/1/2023.

    For these purposes, the mere fact of bidding will presume the interested parties' agreement with the merchandise that constitutes each of the lots, and no subsequent claim will be accepted regarding these matters.

    7. CLAIMS AND ACCEPTANCE OF CONDITIONS 

    Once the auction has ended, no claims will be accepted from the successful bidders regarding the quality, quantity and other circumstances related to the lots.

    Participation in the auction implies acceptance of all the conditions governing it, both those set out in this announcement and those adopted by the Board in the direction of the auction.

    For any questions or clarifications regarding this public auction, you can contact this Regional Customs and Tax Department. Excise Duties Valencia through the following email:

    Auctions.Customs.Valencia@correo.aeat.es

    8. CARE MANAGEMENT 

    To attend the auction, prior registration is required by email to Subastas.Aduana.Valencia@correo.aeat.es , indicating in the subject “AUCTION APPOINTMENT” and attaching a copy of the receipt for the presentation of the bid obtained in accordance with the provisions of section 3.3. The possibility of assistance will be confirmed by email to the mailbox from which the request was submitted.

    Requests for assistance must be sent to the email address indicated in the previous paragraph until 1:00 p.m. on the day prior to the auction. Any application received after this time limit will not be taken into account.

    The access instructions established by the Valencia Regional Customs Office must be followed and the minimum safety distance must be respected at all times.

    Compliance with all measures adopted by the health authorities and, where applicable, the protection protocols approved by the AEAT is mandatory, in particular the use of a mask and respect for the established capacities.