Auction 2/2023 Valencia Maritime Customs
Note: LOCATION AND DATE OF VISIT HAS BEEN CHANGED, ACCORDING TO NEW ANNEX II (I)
It is communicated for public knowledge that the next day December 19, 2023, at 9:30 a.m., in the Assembly Hall (5th floor) of the Regional of Customs of the AEAT of Valencia, Calle Jesús, number 19, 46007 Valencia , (limited capacity) the merchandise listed will be sold at public auction in the attached sheets, adjusting its development 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 disposal of assets contained in Annex I. The location of the different locations in which said assets are stored is detailed in Annex II.
Included in this new Auction are merchandise declared void and void, in Auction 1/2023, said merchandise has been valued again, 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 disposal of the assets, the appraisers, the custodians and the officials directly involved in the disposal procedure, any person may take part in the auction, by themselves or through a representative. person who has the capacity to act in accordance with the law and who has no legal impediment or restriction to do so.
All bidders must justify their personality by presenting their DNI and, in the case of acting as a representative of another person, they must adequately justify such condition.
3.2. Every bidder, to be admitted as such, will have to previously constitute before the Auction Table a guarantee deposit of 5% of the bid offered by him/her for each of the lots for which he/she wishes to bid. These deposits will be made by providing, in the manner described in section 3.3, proof of payment to account number ES70 0182 5941 4702 0003 0857 of the State Tax Administration Agency at BBVA, accompanied by Annex III completed completely and correctly with all current data (i.e., if a bidder wishes to bid on more than one lot, he or she must make as many deposits as there are lots for which he or she wishes to bid). In the aforementioned deposit into the bank account, the lot number for which you are bidding and the NIF of the interested party must be expressly stated.
When making the deposit, the bidder must declare whether he or she wants his or her deposit to be reserved in the event that the highest bidder in the auction does not comply with the obligation to deposit the rest of the award price within the period granted for these purposes as indicated. in section 5.7. To do this, you must check the corresponding box in Annex III. If this box is not checked, it will be understood that the bidder does not want his deposit to be reserved.
3.3. Tenderers must submit their offer for each lot by filling out Annex IV and placing it in a duly sealed individual envelope for each lot for which they wish to bid. Offers may be submitted from the announcement of the auction until 1:00 p.m. the day before the auction is held, in the manner and with the requirements established in section 5.2. Said offers will be presented in the General Registry of the Customs Administration and II. EE. Valencia-Marítima, located on Muelle de la Aduana street, s/n (46024 - Valencia). In this sense, it must be taken into account that shipments of documentation made through courier services must be received in the aforementioned General Registry prior to the date and time previously indicated.
The bidder must include in the sealed envelope proof of deposit into account nº ES70 0182 5941 4702 0003 0857 of the State Tax Administration Agency at BBVA accompanied by Annex III duly completed in accordance with what was indicated in the previous section.
This same procedure will be used to place bids in the case of second bidding.
Bids will only be considered valid if the envelopes presented actually contain each and every one of the documents indicated in the previous paragraphs. Otherwise, the bid will be considered void.
4. TRIBUTES
The award price 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, if applicable, in the time of vehicle registration. In any case, the Property Transfers modality of the Tax on Property Transfers and Documented Legal Acts regulated in Royal Legislative Decree 1/1993, of September 24, must be satisfied.
5. AUCTION PROCESS
5.1. auction table
The auction table will be made up of the Head of the Regional Customs Unit and II. Excise Duties of the AEAT in Valencia, or person belonging to the AEAT staff 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 person belonging to the AEAT staff to whom he delegates, as a Member; and another person belonging to the AEAT staff of the Customs and II.EE Area, who will act as Secretary. The person belonging to the AEAT staff designated by the Presidency of the Board will act as public voice.
5.2. Bidding system
The bids, which will be unique for each person and lot, will be made in writing, in a duly sealed envelope and in accordance with the bid model in Annex IV, with the indication of:
- name and surname, NIF or CIF social,
- lot number being bid on,
- amount in number and letter and
- signature of the interested party or his representative, attaching in both cases proof of his identity and/or representation.
Each bid shall be submitted in an individual envelope for each lot and person, duly sealed. On the outside of the envelope, the lot number for which the bid is being bid will be indicated, solely and exclusively, the NIF of the bidder and the indication “FIRST TENDER” and inside the envelope the document with the aforementioned requirements and proof of receipt of the deposit, 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 tenderer and the indication “SECOND TENDER”. . In the second tender, it will not be necessary to include proof of receipt of the deposit or Annex III again unless the first tender has not been carried out for the lot in question.
Bids will not be accepted in the second tender that do not cover 75% of the minimum exit valuation.
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 publicly announced, who will be the winner for having offered the maximum amount. If several bidders place the same bid, and this amount is the highest, the lot shall be put up for auction as follows:
- 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. The bids will be verbal and will be made based on the starting price of the lot in question.
- Up to €600…………………….. from 50 to 50 €.
- From €601 to €3,000……………….. from 100 to 100€.
- From €3,001 to €6,000……………… from €200 to €200.
- From €6,001 to €10,000……………….. from 500 to 500 €.
- From €10,001 onwards…………from €1,000 to €1,000.
- If none of the bidders who agree on the bid are present in the room, a communication will be sent to them for the purposes of making a new bid for an amount higher than the one initially bid within a period of ten business days from the following day. to the notification of said communication. Said bid must be submitted in accordance with the provisions of section 3.3 of these Rules by presenting an individual envelope for each lot and person, duly sealed on the outside of which the lot number for which the bid is being bid will be indicated, solely and exclusively. , the NIF of the bidder and the indication “THIRD TENDER”. The duly completed Annex IV document must be included inside the envelope without it being necessary to make a new deposit according to the new bid. The same procedure will be followed in succession until the lot is awarded to the highest bidder.
- If among the bidders who coincide in the bid, there are those present and not present in the room, those present will be informed at the same time that they will have ten business days counting from the day following the auction to present a new bid for an amount higher than that initially tendered; 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 bidding.
In-person attendance at the bidding system will be conditioned 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 assistance through the procedure indicated in the 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 bidding, as well as to suspend it if there are signs 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. To participate in the second tender it will be necessary to have constituted a guarantee deposit and presentation of Annex III, under the terms and conditions established in point 5.2 above, failure to comply with which will determine the loss of the right to take part in the auction.
5.5. Deposit refund
Starting the day following the auction, the Board will return by bank transfer the deposits that have been made, except those belonging to the successful bidders, which will be reserved as a guarantee of compliance with the obligation to satisfy the rest of the award price. .
Likewise, in the event that the bidder had expressed his desire for the deposit to be reserved in the event that the highest bidder in the auction did not comply with the obligation to pay the rest of the award price within the period granted for these purposes in accordance with As stated in section 5.7, the amount of the deposit will be withheld until the successful bidder fulfills the obligation to satisfy the award price.
5.6. Accreditation of the successful bidder
In the act of awarding any lot at auction, the successful bidder must prove his/her personality by showing the identity document or other document and also prove his/her representation if he/she acts on behalf of third parties, being exclusively issued in his/her favor or the third party's name. represented, the award certificates of the respective lot.
5.7. Payment of the action price
The successful bidders must deposit the difference between the deposit made and the award price. The successful bidders who do not proceed in this way will lose the right to award the lot and the amount of their deposit, and will be obliged to compensate the Administration for the damages caused by said non-payment.
In the event of non-payment of the auction price by the successful bidder, the Board may choose to agree to the award to the bidder who, having expressed his desire to reserve the deposit in the event that the highest bidder in the auction does not comply with the obligation to deposit the remainder of the award price within the period granted for these purposes, would have 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 purposes of making a new bid before the Secretariat of the aforementioned Regional Unit for an amount greater than that initially tendered within a period of ten business days. from the day following the 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 records
Once the requirements for the withdrawal of the goods awarded at auction have been met, the winners will be given records of the auction of the goods and auction prices, for the appropriate tax purposes.
5.9. Charges, levies and other expenses
All charges and encumbrances of any kind, type or nature (whether from a public or private entity) that fall on the awards subject to auction, or on any of the physical or legal operations that may result, will be the responsibility of the successful bidder. .
The costs related to stamping the chassis number of the awarded vehicles and vessels, obtaining the facsimiles, ITV , technical sheets and photographs necessary, if applicable, for the issuance of motor vehicle registration; 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 where the goods may be located are not part of the lot and the costs of transshipment and removal of the same will be assumed by the successful bidders.
5.10. Removal of awarded property
To withdraw the awarded lots, all or some of the documents must be previously presented to the General Registry of the Delegation of the State Agency of the Tax Administration of Valencia, located at Muelle de la Aduana street, s/n (46024 - Valencia). following depending on the case:
- Bank receipt of payment of the pending disbursement in account number 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 points have been proven, Customs will issue an act of awarding 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 since the award and the goods have not been removed, 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 deposited in the places listed in each lot and may be examined by interested parties to verify their quality, quantity and other circumstances related to them during the days November 27 to December 1, 2023, in the schedule and in accordance with the prerequisites indicated in Annex II.
At Sagunto Customs, the visiting days will be 11/27/2023, 11/29/23 to 12/1/2023. At the Maritime Station of the Port of Alicante, the visiting days will be 11/27/2023 to 11/29/2023, and 12/1/2023.
For these purposes, by the mere fact of bidding the agreement of the interested parties with the merchandise that constitutes each of the lots will be presumed, and no subsequent claim regarding these matters will be accepted.
7. CLAIMS AND ACCEPTANCE OF CONDITIONS
Once the auction has ended, no claims will be accepted by the successful bidders regarding the quality, quantity and other circumstances related to the lots.
Attendance at the auction implies acceptance of all the conditions that govern it, both those set out in this announcement and those adopted by the Board in directing the auction.
For any questions or clarifications about this public auction, you can contact this Regional Customs and II Unit. Excise Duties Valencia through the following email:
Auctions.Customs.Valencia@correo.aeat.es
8. ATTENDANCE MANAGEMENT
To attend the auction, prior registration is required, by email to Subastas.Aduana.Valencia@correo.aeat.es , indicating in the subject “PREVIOUS AUCTION APPOINTMENT ” and attaching a copy of the bid submission receipt 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. the day before the auction takes place. Any request received after said time limit will not be taken into account.
The access instructions established by the Valencia Regional Customs Unit must be followed and the minimum safety distance must be respected at all times.
Compliance with all the measures adopted by the health authorities and, where appropriate, the protection protocols approved by the AEAT, is mandatory, in particular the use of a mask and respect for the established capacity.