CELEX: 31987R3129
Language: en
Date: 1987-10-21 00:00:00
Title: Commission Regulation (EEC) No 3129/87 of 20 October 1987 issuing a standing invitation to tender in order to determine refunds on exports of olive oil

No L 296/ 10                              Official Journal of the European Communities                                     21 . 10. 87
                                    COMMISSION REGULATION (EEC) No 3129/87
                                                        of 20 October 1987
                  issuing a standing invitation to tender in order to determine refunds on exports
                                                             of olive oil
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           down common detailed rules for the application of the
                                                                      system of export refunds on agricultural products ;
Having regard to the Treaty establishing the European                 whereas Commission Regulation (EEC) No 3183/80 (6), as
Economic Community,                                                   last amended by Regulation (EEC) No 3913/86 Q, lays
                                                                      down common detailed rules for the application of the
Having regard to Council Regulation No 136/66/EEC of                  system of (import and) export licences and advance fixing
of 22 September 1966 on the establishment of a common                 certificates for agricultural products ; whereas these Regu­
organization of the market in oils and fats ('), as last              lations apply to olive oil ; whereas these common provi­
amended by Regulation (EEC) No 1915/87 (2),                           sions should be supplemented by certain specific provi­
                                                                      sions ;
Having regard to Council Regulation (EEC) No 1650/86
of 26 May 1986 on the refunds and levies applicable to                Whereas the measures provided for in this Regulation are
exports of olive oil (3), and in particular Article 7 thereof,        in accordance with the opinion of the Management
                                                                      Committee for Oils and Fats,
Whereas the export refunds for olive oil cannot be fixed
only 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              HAS ADOPTED THIS REGULATION :
the refunds can, in the coming months, be determined by
tender ;
                                                                                                   Article 1
Whereas it is possible that, during the period of applica­
tion of the present Regulation, the nomenclature used by              1 . There shall be issued a standing invitation to tender
the Common Customs Tariff will be replaced by the                     in order to determine export refunds on olive oil falling
combined      nomenclature      based    on   the  International
                                                                      within the following subheadings (8) :
Convention on a harmonized system of designation and
codification of goods ;
                                                                                                             Combined nomenclature
                                                                                CCT heading No
Whereas, in view of the demand for olive oil on the world                                                             code
market in certain special cases, provisions should be
adopted whereby certain conditions are laid down in the               15.07 Ala)                                  1509 10 90
standing invitation to tender ;                                       15.07 A II a)                               1509 90 00
                                                                       15.07 A II b)                              1510 00 90
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            2. The standing invitation to tender shall remain open
on equal terms, while providing certain guarantees                    until 31 October 1988 . During its period of validity there
regarding the validity of the tenders ;                               shall be issued monthly partial invitations to tender.
Whereas, in order to ensure the smooth operation of the
tendering procedure, the arrangements for determining                                              Article 2
the refunds and awarding the contract should be speci­
fied ;
                                                                      Pursuant to this tendering procedure the Commission
Whereas, given that the administrative burden of taking               may in accordance with the procedure laid down in
part in a tendering procedure tends to weigh more heavily             Article 38 of Regulation No 136/66/EEC :
on smaller undertakings, provision should be made for
allowing operators to obtain export licences for quan­                (a) issue invitations to tender in respect of specific desti­
tities ;                                                                    nations, in response to demand for olive oil in certain
                                                                            third countries ;
Whereas Commission Regulation (EEC) No 2730/79 (4),
as last amended by Regulation (EEC) No 1180/87 (*), lays
                                                                       («) OJ No L 338 , 13 . 12. 1980, p. 1 .
                                                                       n OJ No L 364, 23 . 12. 1986, p. 31 .
(■) OJ No 172, 30. 9. 1966, p. 3025/66.                                (8) The numbers appearing in the column 'Combined nomencla­
(2) OJ   No L  183, 3. 7. 1987, p. 7.                                      ture code' will replace those appearing in the column 'CCT
(3) OJ   No L  145, 30. 5. 1986, p. 8 .                                    heading No' as from the date of entry into force of the Inter­
(4) OJ   No L  317, 12. 12. 1979, p. 1 .                                   national Convention on a harmonized system of designation
0   OJ   No L  113, 30. 4. 1987, p. 27.                                    and codification of goods.
 ---pagebreak--- 21 . 10 . 87                             Official Journal of the European Communities                               No L 296/ 11
(b) impose restrictions on the quantities and qualities of         (c) it contains all the information required under para­
     oil for which offers may be submitted ;                            graph 3 .
(c) cancel one or more partial invitations to tender before        5. Tenders shall be valid in respect of only one partial
     the deadline for submitting tenders ;                         invitation to tender or, where applicable, one specific
(d) excljide certain countries of destination from the invi­       invitation to tender. A tender may stipulate that it is to be
     tation to tender or differentiate the refund according        regarded as having been submitted only if the quantity
     to the country of destination.                                awarded represents all or a specified part of the tendered
                                                                   quantity.
                           Article 3
                                                                    6. The tender, the proof and the declarations referred
 1 . The period during which tenders may be submitted              to in paragraphs 3 and 4 above shall be expressed in the
in response to the partial invitations to tender shall begin       official language or one of the official languages of the
on the 15th day of each month and shall end on the 23rd            Member State whose competent authority received the
day of each month at 1 p.m. (Belgian time). Where the              tender.
said period would otherwise end on a holiday for the
authority responsible for receiving the tenders it shall, in        7.    A tender which is not submitted in accordance with
the Member State concerned, expire on the preceding                 the provisions of this Regulation or which contains terms
working day at 1 p.m.                                              other than those indicated herein, shall not be considered.
However, the period during which tenders may be                     8.    Once submitted, a tender may not be withdrawn.
submitted in response to the partial invitation to tender
for December shall begin on 1 1 December and expire on                                         Article 4
 17 December at 1 p.m. (Belgian time).
2.     Offers in connection with this invitation to tender
                                                                    1 . A security of 10 ECU per 100 kilograms of olive oil
                                                                    to be exported must be lodged by each tenderer. This
must be in writing, and must be either delivered by hand,          security shall in the case of successful tenderers become
against a receipt, to the competent authority in a Member
                                                                    the security for the export licence.
State, or addressed to that authority by registered letter,
telex, telefax or telegram.                                         2. The provisions of Commission Regulation (EEC) No
Separate tenders must be submitted where they relate to             2220/85 (') shall apply to the securities referred to in this
several qualities, presentations or, where applicable,              Regulation. The primary requirements within the
several countries of destination .                                  meaning of Article 20 of Regulation (EEC) No 2220/85
                                                                    shall be the obligations set out in paragraph 3 (b) and
3.     An offer must indicate :                                     compliance with the time limit set.
(a) the reference number of the Regulation issuing the              3.    Except in case of force majeure, the security will be
     invitation to tender, and the partial or specific invita­      released :
     tion to tender in response to which the offer is being
     made ;                                                         (a) to tenderers only in respect of the quantity for which
                                                                         no award was made ;
(b) the name and address of the tenderer ;
(c) the quantity, quality and subheadings of the olive oil         (b) to successful tenderers, only
    to be exported and the presentation of the oil, speci­              — for the quantity in respect of which they have
    fying whether it is put up in immediate containers of a                  fulfilled the obligation created by the licence
    net capacity of five litres or less or whether it is other­              referred to in Article 9, the provisions of Article 33
    wise presented ;                                                         of Regulation (EEC) No 3183/80 remaining
(d) the country of destination, where . the refund is                        applicable,
     differentiated according to the country of destination ;           — if proof is furnished - that the olive oil has reached
(e) the amount of the export refund per 100 kilograms of                     its destination, in cases where the refund appli­
     olive oil, expressed in the currency of the Member                      cable in respect of the invitation to tender is valid
     State in which the tender is submitted ;                                for certain third countries only.
(f) the minimum amount of the security to be lodged
     covering the quantity of olive oil indicated in .(c),                                     Article 5
     expressed in the currency of the Member State in
     which the tender is submitted.                                 1 . Tenders shall be examined in private by the compe­
4.     An offer shall be valid only if :                            tent agency of the Member State concerned. Subject to
                                                                    paragraph 2, persons present af the examination shall be
(a) the quantity to be exported is not less than five tonnes        under an obligation not to disclose any particulars relating
     of a single quality in the case of olive oil put , up in       thereto .
     immediate containers of a net capacity of five litres or
     less, and not less than 20 tonnes of a single quality in       2.    Tenders shall be communicated by telex or by
     the case of olive oil otherwise presented ;                    telefax to the Commission forthwith and in such a
(b) proof is furnished before expiry of the time limit for          manner that the tenderers remain anonymous.
     the submission of tenders that the tenderer has lodged
     the security indicated in the tender ;                         (') OJ No L 205, 3 . 8 . 1985, p. 5.
 ---pagebreak--- No L 296/ 12                          Official Journal of the European Communities                                 21 . 10 . 87
                          Article 6                             — by being divided among the tenderers concerned in
                                                                     proportion to the total quantities in each of their
The amount of the export refund expressed in national                tenders, or
currency shall, for the purposes of comparing the tenders       — by being apportioned among the tenderers concerned
and awarding the contract, be converted into ECU on the              by reference to a maximum tonnage to be fixed for
basis of the green rates.                                            each of them .
                           Article 7                                                        Article 9
1 . In the light, in particular, of the current situation        1 . The competent authority of the Member State
and foreseeable development of the Community and                concerned shall immediately notify the applicants of the
world olive oil markets, and the tenders received, a             result pf their participation in the invitation to tender. In
maximum refund shall, in accordance with the procedure          addition, the competent authority shall issue to successful
laid down in Article 38 of Regulation No 136/66/EEC, be          tenderers an export licence for the quantity awarded, indi­
fixed monthly, not later than the last working day, in           cating in box 18 (a) the export refund quoted in his
respect of the subheadings given in Article 1 .                  tender and also stating the quality and presentation of the
                                                                 oil and, where appropriate, the use to which it is to be
2. It may also be decided, in accordance with that
                                                                 put.
procedure :
— to fix a maximum quantity in respect of each partial                                     Article 10
     invitation to tender,
— not to award a contract in response to a partial specific      Every successful tenderer shall have :
     invitation to tender.                                       the obligation to export, during the period of validity of
                                                                 the export licence awarded to him and, where applicable,
3 . The refunds may be differentiated according to               to the country indicated in the tender, the tendered quan­
whether the olive oil is put up in immediate containers of       tity of olive oil of the quality and presentation stated in
a net capacity of five litres or less or is otherwise            the tender.
presented.
                                                                 This right and these obligations are not transferable.
4. Where the refund is differentiated according to
destination it shall be fixed in the light of the specific                                 Article 11
situation of each country of destination.
                                                                 1.    Before expiry of the time-limit for the submission of
5. The amount of the export refund shall be valid in             tenders, operators who are unable to take part in the invi­
respect of exports taking place not later than one month         tation to tender on account of the minimum quantity
after the contract is awarded ; it shall be adjusted during      referred to in Article 3 may apply each month for a
the period of validity of the export licence referred to in      special export licence for a total quantity of less than 20
Article 9 in the light of changes in the threshold price         tonnes in respect of each quality and presentation of olive
occurring between the first day of the month following           oil. The said licence, which shall be subject to the provi­
that in which the contract is awarded and the day on             sions of Commission Regulation (EEC) No 2041 /75 (') as
which the product is exported.                                   regards export licences with advance-fixing of the refund,
6. Without prejudice to the provisions of the first              shall be issued by the competent authority of the Member
indent of paragraph 2 a contract shall, in cases where a         State concerned, and shall indicate in box 18 (a) the
maximum export refund is fixed, be awarded to every              maximum rate of refund accepted in respect of the prece­
tenderer whose tender quotes a rate of refund equal to or        ding month's invitation to tender for that quality and
less than such maximum refund for the quantity stated in         presentation .
the tender.
                                                                 The rights and obligations arising from the said licence
                                                                 are not transferable .
                           Article 8
                                                                 2.    The    Member     States  shall  communicate     to   the
 1 . If a maximum quantity is fixed in respect of a              Commission on the 5th and 20th of each month, in
partial invitation to tender, a contract shall be awarded to     respect of the previous fortnight, the number of licences
the tenderer whose tender quotes the lowest export refund        issued and the quantities involved, broken down by
and, if necessary, to the tenderer whose tender quotes the       quality and presentation.
next lowest refund, and so on until the entire maximum
quantity has been accounted for.                                                           Article 12
2.     However, where an award to a particular tenderer in       This Regulation shall enter into force on the day of its
accordance with the provisions of paragraph 1 would              publication in the Official Journal of the European
otherwise result in the maximum quantity being                    Communities.
exceeded, that award shall be limited to such quantity as
is still available. Where two or more tenders quote the          The first partial invitation to tender shall take place in
                                                                  November 1987.
same refund, and awards to all of them would result in
the maximum quantity being exceeded, the quantity
available shall be allocated as follows :                        (') OJ No L 213, 11 . 8 . 1975, p. 1 .
 ---pagebreak--- 21 . 10 . 87                    Official Journal of the European Communities                        N° L 296! 1 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 20 October 1987.
                                                                    For the Commission
                                                                     Frans ANDRIESSEN
                                                                        Vice-President