Commission Regulation (EC) No 2269/98 of 21 October 1998 issuing a standing invitation to tender in order to determine refunds on exports of olive oil for the 1998/99 marketing year
Date: 1998-10-21
Institutions: European Commission
Subjects: award of contract, export refund, olive oil

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COMMISSION REGULATION (EC) No 2269/98
of 21 October 1998
issuing a standing invitation to tender in order to determine refunds on exports
of olive oil for the 1998/99 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation No 136/66/EEC of
22 September 1966 on the establishment of a common
organisation of the market in oils and fats (1), as last
amended by Regulation (EC) No 1638/98 (2), and in
particular Article 3 thereof,

Whereas the export refunds for olive oil cannot be fixed
solely in accordance with the standard procedure, since
there is insufficient information available on the world
market situation; whereas provision should therefore be
made for issuing a standing invitation to tender so that
the refunds can, in the coming months, be determined by
tender;

Whereas, in view of the demand for olive oil on the world
market in certain special cases, provision should be made
for amending certain conditions in the standing invitation
to tender;

Whereas, in view of the specific nature of the tendering
procedure, detailed rules should be laid down which will
enable operators in the various Member States to take part
on equal
terms, while providing certain guarantees
regarding the validity of the tenders;

Whereas, in order to ensure the smooth operation of the
tendering procedure, the arrangements for determining
the refunds and awarding the contract should be speci-
fied;

Whereas decisions fixing refunds are to be made in
information on tenders
particular on the basis of
forwarded by the Member States; whereas, in order to
ensure the arrangements are administered properly, the
possibility that
the award may be made to tenderers
whose bids have not been duly communicated should be
ruled out;

Whereas Commission Regulation (EEC) No 3665/87 (3),
as last amended by Regulation (EC) No 604/98 (4), lays
down common detailed rules for the application of the
system of export refunds on agricultural products; whereas
Commission Regulation (EEC) No 3719/88 (5), as last
amended by Regulation (EC) No 1044/98 (6), lays down
common detailed rules for the application of the system
of import and export licences and advance fixing certi-
ficates for agricultural products; whereas those Regula-
tions apply to olive oil; whereas those common provisions
should be supplemented by certain specific provisions;

(1) OJ 172, 30. 9. 1966, p. 3025/66.
(2) OJ L 210, 28. 7. 1998, p. 32.
(3) OJ L 351, 14. 12. 1987, p. 1.
(4) OJ L 80, 18. 3. 1998, p. 19.
(5) OJ L 331, 2. 12. 1988, p. 1.
(6) OJ L 149, 20. 5. 1998, p. 11.

Whereas the measures provided for in this Regulation are
the Management
in accordance with the opinion of
Committee for Oils and Fats,

HAS ADOPTED THIS REGULATION:

Article 1

1. A standing invitation to tender is hereby issued in
order to determine export refunds on olive oil falling
within the following CN codes:

— 1509 10 90,
— 1509 90 00,
— 1510 00 90.

2.
The standing invitation to tender shall remain open
until 31 October 1999. During its period of validity
partial invitations to tender shall be issued.

Article 2

Pursuant to this invitation to tender the Commission
in accordance with the procedure laid down in
may,
Article 38 of Regulation No 136/66/EEC:

(a)

issue invitations to tender in respect of specific des-
tinations (specific invitations to tender) in response to
demand for olive oil in certain third countries;

(b) impose restrictions on the quantities and qualities of

oil for which offers may be submitted;

(c) cancel one or more partial invitations to tender before

the deadline for submitting tenders;

(d) exclude certain countries of destination from an invi-
tation to tender or differentiate the refund according
to the country of destination.

Article 3

1.
The periods during which tenders may be submitted
in response to the partial invitations to tender shall be as
follows:

— for November: from the third day to 12 noon on the
sixth day of the month and from the 18th day to 12
noon on the 22nd day of the month,

— for December: from the 10th day to 12 noon on the

15th day of the month,

— for January, February, March, April, May, June, July,
September and October: from the fifth day to 12 noon
on the ninth day of each month and from the 19th
day to 12 noon on the 23rd day of each month,
— for August: from the 19th day to 12 noon on the 24th

day of the month.

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That deadline shall be in Belgian time. Where the day on
which the deadline expires in a Member State is a holiday
for the authority responsible for receiving the tenders, the
deadline shall be 12 noon on the last preceding working
day.

2.
Tenders in response to this invitation to tender must
be in writing, and must be either delivered by hand,
against a receipt, to the competent authority in a Member
State, or addressed to that authority by registered letter,
telex, fax or telegram.

Separate tenders must be submitted where they relate to
several qualities, presentations or, where applicable,
several countries of destination.

3.

Tenders must indicate:

(a)

the reference number of the Regulation issuing the
invitation to tender, and of the partial or specific
invitation to tender in response to which the offer is
being made;

(b) the name and address of the tenderer;

(c) the quantity, quality and subheadings of the olive oil
to be exported and the presentation of the oil, speci-
fying whether it is put up in immediate containers of
a net capacity of five litres or less or whether it is
otherwise presented;

(d) the country of destination, where the refund varies

with the country of destination;

(e) the amount of the export refund per 100 kilograms of

olive oil, expressed in ecus;

(f)

the minimum amount of the security to be lodged
covering the quantity of olive oil
indicated in (c),
expressed in the currency of the Member State in
which the tender is submitted.

awarded represents all or a specified part of the tendered
quantity.

6.
Tenders and the proof and declarations referred to in
paragraphs 3 and 4 shall be drafted in the official
language or one of the official languages of the Member
State to whose competent
is
addressed.

authority the tender

7.
Tenders which are not submitted in accordance with
this Regulation or which contains terms other than those
indicated herein shall not be considered.

8. Once submitted, tenders may not be withdrawn.

Article 4

1. A security of ECU 12 per 100 kilograms of olive oil
to be exported must be lodged by each tenderer. This
security shall in the case of successful tenderers become
the security for the export licence.

2. Commission Regulation (EEC) No 2220/85 (1) shall
apply to the securities referred to in this Regulation. The
primary requirements within the meaning of Article 20 of
Regulation (EEC) No 2220/85 shall be the obligations set
out in paragraph 3(b) and compliance with the time limit
set.

Except in case of force majeure, the security shall be

3.
released:

(a)

to tenderers only in respect of the quantity for which
no award was made;

(b) to successful tenderers, only:

— for the quantity in respect of which they have
fulfilled the obligation to export conferred by the
licence referred to in Article 9, Article 33 of Regu-
lation (EEC) No 3719/88 remaining applicable,
— for the quantity relating to applications withdrawn

pursuant to Article 8(3),

— if proof is furnished that the olive oil has reached
its destination, in cases where the refund applic-
able in respect of the invitation to tender is valid
for certain third countries only.

4.

Tenders shall be valid only if:

Article 5

(a)

the quantity to be exported is not less than five tonnes
of a single quality in the case of olive oil put up in
immediate containers of a net capacity of five litres or
less, and not less than 20 tonnes of a single quality in
the case of olive oil otherwise presented;

(b) proof is furnished before expiry of the time limit for
the submission of tenders that the tenderer has lodged
the security indicated in the tender;

(c)

it contains all the information required under para-
graph 3.

Tenders shall be valid in respect of only one partial
5.
invitation to tender or, where applicable, one specific
invitation to tender. A tender may stipulate that it is to be
regarded as having been submitted only if the quantity

Tenders

shall be examined in private by the
1.
competent authority of
the Member State concerned.
Subject to paragraph 2, persons present at the exam-
ination shall be under an obligation not to disclose any
particulars relating thereto.

Tenders shall be communicated by telex or by fax to
2.
the Commission not later than 24 hours after expiry of
the deadline for submission of tenders and in such a
manner that the tenderers remain anonymous.

Article 6

1.
In the light, in particular, of the current situation and
foreseeable development of the Community and world
olive-oil markets and on the basis of the tenders received,
a maximum refund shall be fixed, in accordance with the

(1) OJ L 205, 3. 8. 1985, p. 5.

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procedure laid down in Article 38 of Regulation No 136/
66/EEC, for exports of each of the products falling within
the CN codes listed in Article 1. Refunds shall be fixed
no later than the eighth working day after the expiry of
each deadline for the submission of tenders.

It may also be decided, in accordance with that same

2.
procedure:

— to fix a maximum quantity in respect of each partial

invitation to tender,

— not to award a contract in response to a partial or

specific invitation to tender.

The refunds shall vary depending on whether the
3.
olive oil
is put up in immediate containers of a net
capacity of five litres or less or is otherwise presented.

4. Where refunds vary with the destination, they shall
be fixed in the light of the specific situation in each
country of destination.

5. Without prejudice to the first indent of paragraph 2,
in cases where a maximum export refund is fixed, a
contract shall be awarded to the tenderer or tenderers
whose tender has been communicated in accordance with
Article 5(2) and quotes a rate of refund equal to or less
than such maximum refund for the quantity stated in the
tender.

Article 7

The competent authority of

the competent authority shall

the Member State
1.
concerned shall immediately notify the applicants of the
result of their participation in the invitation to tender. In
addition,
issue to the
successful tenderers, not later than the third working day
following publication of the maximum refund in the Offi-
cial Journal of the European Communities, an export
licence for the quantity awarded, indicating in box 22 the
export
refund quoted in the tender and stating the
quality, presentation and, where appropriate, destination
of the oil.

2. However, where an award to a particular tenderer in
accordance with the provisions of paragraph 1 would
result in the maximum quantity being exceeded, that
award shall be limited to such quantity as is still available.
Where two or more tenders quote the same refund, and
awards to all of them would result in the maximum
quantity being exceeded, the quantity available shall be
allocated to the tenderers concerned:

— either in proportion to the total quantities in each of

their tenders, or

— up to a maximum tonnage to be determined for each

of them.

3. Notwithstanding Article 7, where the quantity
awarded, pursuant to paragraph 2, is less than 80 % of the
quantity applied for, the licence shall be issued not later
than the 11th working day following publication of the
award in the Official Journal of the European Com-
munities. Within 10 working days of publication, ap-
plicants may:

— either withdraw the application, in which case the

security shall be released immediately,

— or request immediate issue of the licence, in which
issue it imme-

case the competent authority shall
diately.

Article 9

During the term of validity of the export licences awarded
to them, successful tenderers shall be under an obligation
to export the quantity of olive oil of the quality and
presentation specified in the tender, where applicable, to
the country indicated in their tenders.

Such rights and obligations are not transferable.

Article 10

1. Within 15 days of publication of the award in the
Official Journal of the European Communities, Member
States shall notify the Commission of
the quantities
covered by
applications withdrawn
pursuant to Article 8(3).

licence

export

2.
The export licence shall be valid from the actual date
of issue until the end of the third month following the
month of publication of the maximum refund in the
Official Journal of the European Communities.

2.
Each month, following the expiry of the term of
validity of export licences, Member States shall notify the
Commission of the quantities covered by and the refunds
relating to unused export licences.

Article 8

3. All notifications referred to in paragraphs 1 and 2,
including ‘nil' notifications, shall be made in accordance
with the model set out in the Annex.

1. Where a maximum quantity is fixed in respect of a
partial invitation to tender, a contract shall be awarded to
if
the tenderer quoting the lowest export refund and,
necessary, to the tenderer quoting the next lowest refund,
and so on until the entire maximum quantity has been
accounted for.

Article 11

Additional quantities exported within the tolerance
referred to in Article 8(4) of Regulation (EEC) No 3719/
88 shall not be eligible for the refund.

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At least one of the following shall be entered in box 22:

— Restitui(cid:135)(cid:209)o v(cid:145)lida para . . . toneladas (quantidade rela-

— Restituci(cid:155)n v(cid:145)lida por . . . toneladas (cantidad por la

que se expida el certificado)

— Restitutionen omfatter . . . tons (den mængde, licensen

vedrører)

— Erstattung g(cid:129)ltig f(cid:129)r . . . Tonnen (Menge, f(cid:129)r welche

die Lizenz ausgestellt wurde)

— Epistqov(cid:147) isw(cid:151)ousa cia . . . t(cid:149)mour (pos(cid:149)tgta cia tgm

opo(cid:148)a (cid:146)wei ejdohe(cid:148) to pistopoigtij(cid:149))

— Refund valid for . . . tonnes (quantity for which the

licence is issued)

— Restitution valable pour . . .

tonnes (quantit(cid:130) pour

laquelle le certificat est d(cid:130)livr(cid:130))

— Restituzione valida per . . . t (quantitativo per il quale

il titolo (cid:138) rilasciato)

— Restitutie geldig voor . . . ton (hoeveelheid waarvoor

het certificaat wordt afgegeven)

tivamente (cid:133) qual (cid:130) emitido o certificado)

— Tuki on voimassa . . . tonnille (m(cid:132)(cid:132)r(cid:132), jolle todistus on

my(cid:148)nnetty)

— Ger r(cid:132)tt till exportbidrag f(cid:148)r . . . ton (den kvantitet f(cid:148)r

vilken licensen utf(cid:132)rdats).

This Article shall only apply to licences for the export on
which a refund is payable.

Article 12

The provisions of Commission Regulation (EC) 2543/
95 (1) shall apply, except where otherwise indicated in this
Regulation.

Article 13

This Regulation shall enter
into force on the day
following its publication in the Official Journal of the
European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 21 October 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 260, 31. 10. 1995, p. 33.

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ANNEX

Application of Regulation (EC) No 2269/98

COMMISSION OF THE EUROPEAN COMMUNITIES — DG VI/C.4 (cid:190) olive oil sector

Export licence applications (cid:190) olive oil sector

Applicant:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Member State:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Person to contact:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fax:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Addressee: DG VI/C.4 — Fax:

(32 2) 296 60 09 — Telex: 22037 AGREC B

(cid:190) P a r t A : N o t i f i c a t i o n c o n c e r n i n g i n v i t a t i o n t o t e n d e r o f

. . .

Category

Total quantities in each category withdrawn pursuant
to the first subparagraph of Article 8(3)

(cid:190) P a r t B : M o n t h l y n o t i f i c a t i o n

Category

Unused quantities

Date of issue
of certificate

Refund fixed
in advance

Total amount
refunds fixed
in advance