CELEX: 31989R3246
Language: en
Date: 1989-10-28 00:00:00
Title: Commission Regulation (EEC) No 3246/89 of 27 October 1989 issuing a standing invitation to tender in order to determine refunds on exports of olive oil for the 1989/90 marketing year

No L 314/48                              Official Journal of the European Communities                                28 . 10 . 89
                                     COMMISSION REGULATION (EEC) No 3246/89
                                                       of 27 October 1989
                  issuing a standing invitation to tender in order to determine refunds on exports
                                         of olive oil for the 1989/90 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         cates for agricultural products ; whereas these Regulations
                                                                    apply to olive oil ; whereas these common provisions
Having regard to the Treaty establishing the European               should be supplemented by certain specific provisions ;
Economic Community,
                                                                    Whereas the measures provided for in this Regulation are
Having regard to Council Regulation No 136/66/EEC of                in accordance with the opinion of the Management
of 22 September 1966 on the establishment of a common               Committee for Oils and Fats,
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 2902/89 (2),
                                                                    HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No 1650/86
of 26 May 1986 on the refunds and levies applicable to
exports of olive oil (3), and in particular Articles 5 and 7                                  Article 1
thereof,
                                                                    1 . There shall be issued a standing invitation to tender
Whereas the export refunds for olive oil cannot be fixed            in order to determine export refunds on olive oil falling
only in accordance with the standard procedure, since               within the following CN codes :
there is insufficient information available on the world
                                                                    — 1509 10 90
market situation ; whereas provision should therefore be
made for issuing a standing invitation to tender so that            — 1509 90 00
the refunds can, in the coming months, be determined by             — 1510 00 90
tender ;
                                                                    2. The standing invitation to tender shall remain open
Whereas, in view of the demand for olive oil on the world
                                                                    until 31 October 190. During its period of validity there
market in certain special cases, provisions should be               shall be issued partial invitations to tender.
adopted whereby certain conditions are laid down in the
standing invitation to tender ;
                                                                                              Article 2
Whereas, in view of the specific nature of the tendering
procedure, detailed rules should be laid down which will            Pursuant to this tendering procedure the Commission
enable operators in the various Member States to take part          may in accordance with the procedure laid down in
on equal terms, while providing certain guarantees                  Article 38 of Regulation No 136/66/EEC :
regarding the validity of the tenders ;                             (a) issue invitations to tender in respect of specific desti­
Whereas, in order to ensure the smooth operation of the                  nations, in response to demand for olive oil in certain
                                                                         third countries ;
tendering procedure, the arrangements for determining
the refunds and awarding the contract should be speci­              (b) impose restrictions on the quantities and qualities of
fied ;                                                                   oil for which offers may be submitted ;
Whereas, given that the administrative burden of taking             (c) cancel one or more partial invitations to tender before
part in a tendering procedure tends to weigh more heavily                the deadline for submitting tenders ;
on smaller undertakings, provision should be made for               (d) exclude certain countries of destination from the invi­
allowing operators to obtain export licences for quan­                   tation to tender or differentiate the refund according
tities ;                                                                 to the country of destination.
Whereas Commission Regulation (EEC) No 3665/87 (4)                                            Article 3
lays down common detailed rules for the application of
the system of export refunds on agricultural products, as            1 . The periods during which tenders may be submitted
last amended by Regulation (EEC) No 3993/88 (5);                    in response to the partial invitations to tender shall be as
whereas Commission Regulation (EEC) No 3719/88 f),                  follows :
amended by Regulation (EEC) No 1903/89 f), lays down                — for November, January, February, March, April, May,
common detailed rules for the application of the system                  June, July, September, and October : from the fifth
of (import and) export licences and advance fixing certifi­              day to the ninth day of each month at 1 p.m. and
                                                                         from the 15th to the 23rd day of each month at 1
(') OJ   No 172, 30. 9. 1966, p. 3025/66.                                p.m,
(2) OJ   No L 280, 29 . 9. 1989, p. 2.
(J) OJ   No L 145, 30 . 5. 1986, p. 8 .                             — for August : from the 1 5th to the 23rd day of each
(*) OJ   No L 351 , 14. 12. 1987, p. 1 .                                 month at 1 p.m,
0   OJ   No L 354, 22. 12. 1988, p. 22.
(6) OJ   No L 331 , 2. 12. 1988 , p. 1 .                            — for December : from the fifth to the ninth day at 1
0   OJ   No L 184, 30 . 6. 1989 , p. 22.                                 p.m .
 ---pagebreak--- 28 . 10 . 89                            Official Journal of the European Communities                              No L 314/49
That deadline shall be in Belgian time. Where the day on           8.    Once submitted, a tender may not be withdrawn.
which the deadline expires in a Member State is a public
holiday for the authority responsible for receiving the                                      Article 4
tenders, the deadline shall expire at 1 p.m. on the last
preceding working day.                                             1 . A security of 10 ECU per 100 kilograms of olive oil
2.     Offers in connection with this invitation to tender
                                                                   to be exported must be lodged by each tenderer. This
                                                                   security shall in the case of successful tenderers become
must be in writing, and must be either delivered by hand,          the security for the export licence.
against a receipt, to the competent authority in a Member
State, or addressed to that authority by registered letter,        2. The provisions of Commission Regulation (EEC) No
telex, telefax or telegram.                                        2220/85 (') shall apply to the securities referred to in this
                                                                   Regulation. The primary requirements within the
Separate tenders must be submitted where they relate to
several qualities, presentations or, where applicable,             meaning of Article 20 of Regulation (EEC) No 2220/85
several countries of destination .                                 shall be the obligations set out in paragraph 3 (b) and
                                                                   compliance with the time limit set.
3.     An offer must indicate :
                                                                   3.    Except in case of force majeure, the security will be
(a) the reference number of the Regulation issuing the             released :
     invitation to tender, and the partial or specific invita­
     tion to tender in response to which the offer is being        (a) to tenderers only in respect of the quantity for which
     made ;                                                             no award was made ;
(b) the name and address of the tenderer ;                         (b) to successful tenderers, only
(c) the quantity, quality and subheadings of the olive oil              — for the quantity in respect of which they have
    to be exported and the presentation of the oil, speci­                 fulfilled the obligation created by the licence
    fying whether it is put up in immediate containers of a                referred to in Article 9, the provisions of Article 33
    net capacity of five litres or less or whether it is other­            of Regulation (EEC) No 3719/88 remaining
    wise presented ;                                                       applicable,
(d) the country of destination, where the refund is                     — if proof is furnished that the olive oil has reached
     differentiated according to the country of destination ;              its destination, in cases where the refund appli­
(e) the amount of the export refund per 100 kilograms of                   cable in respect of the invitation to tender is valid
     olive oil, expressed in the currency of the Member                    for certain third countries only.
     State in which the tender is submitted ;
(f) the minimum amount of the security to be lodged                                          Article 5
     covering the quantity of olive oil indicated in (c),
     expressed in the currency of the Member State in               1 . Tenders shall be examined in private by the compe­
     which the tender is submitted.                                tent agency of the Member State concerned. Subject to
                                                                   paragraph 2, persons present af the examination shall be
4. An offer shall be valid only if :                               under an obligation not to disclose any particulars relating
(a) the quantity to be exported is not less than five tonnes       thereto.
     of a single quality in the case of olive oil put up in
     immediate containers of a net capacity of five litres or      2.    Tenders shall be communicated by telex or by
     less, and not less than 20 tonnes of a single quality in      telefax to the Commission forthwith and in such a
     the case of olive oil otherwise presented ;                   manner that the tenderers remain anonymous.
(b) proof is furnished before expiry of the time limit for
     the submission of tenders that the tenderer has lodged                                  Article 6
     the security indicated in the tender ;
                                                                   The amount of the export refund expressed in national
(c) it contains all the information required under para­           currency shall, for the purposes of comparing the tenders
     graph 3 .                                                     and awarding the contract, be converted into ECU on the
5 . Tenders shall be valid in respect of only one partial          basis of the green rates.
invitation to tender or, where applicable, one specific
invitation to tender. A tender may stipulate that it is to be                                Article 7
regarded as having been submitted only if the quantity
awarded represents all or a specified part of the tendered          1 . In the light, in particular, of the current situation
quantity.                                                          and foreseeable development of the Community and
                                                                   world olive oil markets, and the tenders received, a
6. The tender, the proof and the declarations referred             maximum refund shall, in accordance with the procedure
to in paragraphs 3 and 4 above shall be expressed in the           laid down in Article 38 of Regulation (EEC) No 136/
official language or one of the official languages of the          66/EEC, be fixed for exports of the product falling within
Member State whose competent authority received the                the CN subheadings listed in Article 1 . Refunds shall be
tender.
                                                                   fixed no later than the eighth working day after the expiry
7.     A tender which is not submitted in accordance with          of each deadline for the submission of tenders.
the provisions of this Regulation or which contains terms
other than those indicated herein , shall not be considered.       (') OJ No L 205, 3. 8 . 1985, p. 5.
 ---pagebreak--- No L 314/50                            Official Journal of the European Communities                                28 . 10 . 89
2. It may also be decided, in accordance with that                                          Article 9
procedure :                                                       1 . The competent authority of the Member State
— to fix a maximum quantity in respect of each partial           concerned shall immediately notify the applicants of the
    invitation to tender,                                        result of their participation in the invitation to tender. In
— not to award a contract in response to a partial specific      addition, the competent authority shall issue to successful
    invitation to tender.                                        tenderers an export licence for the quantity awarded, indi­
3. The refunds are be differentiated according to                cating in box 18 (a) the export refund quoted in his
whether the olive oil is put up in immediate containers of       tender and also stating the quality and presentation of the
                                                                 oil and, where appropriate, the use to which it is to be
a net capacity of five litres or less or is otherwise
                                                                 put.
presented.
4. Where the refund is differentiated according to                                         Article 10
destination it shall be fixed in the light of the specific
                                                                  Every successful tenderer shall have :
situation of each country of destination.
                                                                  the obligation to export, during the period of validity of
5. Export refunds shall be adjusted during the period of          the export licence awarded to him and, where applicable,
validity of the export licences as referred to in Article 9,      to the country indicated in the tender, the tendered quan­
in the light of changes in the threshold price occuring           tity of olive oil of the quality and presentation stated in
between the day on which the export declaration is                the tender.
accepted.
                                                                 This right and these obligations are not transferable.
6. Without prejudice to the provisions of the first
indent of paragraph 2 a contract shall, in cases where a                                   Article 11
maximum export refund : is fixed, be awarded to every
tenderer whose tender quotes a rate of refund equal to or         1 . Before expiry of the timelimit for the submission of
less than such maximum refund for the quantity stated in          tenders, operators who are unable to take part in the invi­
the tender.                                                       tation to tender on account of the minimum quantity
                                                                  referred to in Article 3 may apply each month for a
                           Article 8                              special export licence for a total quantity of less than 20
1 . If a maximum quantity is fixed in respect of a                tonnes in respect of each quality and presentation of olive
                                                                  oil. The said licence, which shall be subject to the provi­
partial invitation to tender, a contract shall be awarded to
the tenderer whose tender quotes the lowest export refund         sions of Commission Regulation (EEC) No 2041 /75 (') as
and, if necessary, to the tenderer whose tender quotes the        regards export licences with advance fixing of the refund,
next lowest refund, and so on until the entire maximum
                                                                  shall be issued by the competent authority of the Member
                                                                  State concerned, and shall indicate in box 18 (a) the
quantity has been accounted for.
                                                                  maximum rate of refund accepted in respect of the last
2. However, where an award to a particular tenderer in            invitation to tender for that quality and presentation.
accordance with the provisions of paragraph 1 would
otherwise result in the maximum quantity being                    The rights and obligations arising from the said licence
                                                                  are not transferable.
exceeded, that award shall be limited to such quantity as
is still available. Where two or more tenders quote the           2.    The    Member    States  shall  communicate     to   the
same refund, and awards to all of them would result in            Commission on the 5th and 20th of each month, in
the maximum quantity being exceeded, the quantity                 respect of the previous fortnight, the number of licences
available shall be allocated as follows :                         issued and the quantities involved, broken down by
— by being divided among the tenderers concerned in               quality and presentation.
    proportion to the total quantities in each of their                                    Article 12
    tenders, or
— by being apportioned among the tenderers concerned              This Regulation shall enter into force on the day of its
    by reference to a maximum tonnage to be fixed for             publication in the Official Journal of the European
    each of them .                                                Communities.
                  This Regulation shall be binding in its entirety and directly applicable in «11 Member
                  States .
                   Done at Brussels, 27 October 1989 .
                                                                            For the Commission
                                                                              Ray MAC SHARRY
                                                                        Member of the Commission
                                                                  (' OJ No L 213, 11 . 8 . 1975, p. 1 .