CELEX: 31988R3421
Language: en
Date: 1988-11-04 00:00:00
Title: Commission Regulation (EEC) No 3421/88 of 3 November 1988 issuing a standing invitation to tender in order to determine refunds on exports of olive oil for the 1988/89 marketing year

4. 11 . 88                                 Official Journal of the European Communities                              No L 301 /39
                                     COMMISSION REGULATION (EEC) No 3421/88
                                                        of 3 November 1988
                   issuing a standing invitation to tender in order to determine refunds on exports
                                           of olive oil for the 1988/89 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           sions should be supplemented by certain specific provi­
                                                                      sions ;
Having regard to the Treaty establishing the European
Economic Community,                                                   Whereas the measures provided for in this Regulation are
                                                                      in accordance with the opinion of the Management
Having regard to Council Regulation No 136/66/EEC of                  Committee for Oils and Fats,
of 22 September 1966 on the establishment of a common
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 2210/88 (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                                           Article 1
exports of olive oil (3), and in particular Article 7 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 ;
Whereas, in view of the demand for olive oil on the world              2. The standing invitation to tender shall remain open
 market in certain special cases, provisions should be                 until 31 October 1989. During its period of validity there
 adopted whereby certain conditions are laid down in the               shall be issued partial invitations to tender.
 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
 tendering procedure, the arrangements for determining                      third countries ;
 the refunds and awarding the contract should be speci­
  fied ;                                                               (b) impose restrictions on the quantities and qualities of
                                                                             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)
  lays down common detailed rules for the application of                                          Article 3
  the system of export refunds on agricultural products ;
  whereas Commission Regulation (EEC) No 3183/80 (*), as                 1 . The periods during which tenders may be submitted
  last amended by Regulation (EEC) No 2082/87 (*), lays                 in response to the partial invitations to tender shall be as
  down common detailed rules for the application of the                 follows :
  system of (import and) export licences and advance fixing             — for November, January, February, March, April, May,
  certificates for agricultural products ; whereas these Regu­               June, September, and October : from the fifth day to
  lations apply to olive oil ; whereas these common provi­                   the ninth day of each month at 1 p.m. and from the
                                                                              15th to the 23rd day of each month at 1 p.m,
  (') OJ   No 172, 30. 9. 1966, p. 3025/66.                              — for July and August : from the 1 5th to the 23rd day of
  (2) OJ   No L 197, 26.  7. 1988, p. 1 .                                     each month at 1 p.m,
  (3) OJ   No L 145, 30.  5. 1986, p. 8 .
   4) OJ   No L 351 , 14. 12. 1987, p. 1 .                               — for December : from the fifth to the ninth day at 1
  0   OJ   No L 338, 13.  12. 1980, p. 1 .
  (6) OJ No L 195, 16. 7. 1987, p. 11 .                                       p.m .
 ---pagebreak---                                           Official Journal of the European Communities                                    4. 11 . 88
No L 301 /40
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
                                                                     to be exported must be lodged by each tenderer. This
2.       Offers in connection with this invitation to tender         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              meaning of Article 20 of Regulation (EEC) No 2220/85
several qualities, presentations or, where applicable,               shall be the obligations set out in paragraph 3 (b) and
several countries of destination .
                                                                     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
                                                                           no award was made ;
       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 3183/80 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        2.     Tenders shall be communicated by telex or by
        immediate containers of a net capacity of five litres or      telefax to the Commission forthwith and in such a
        less, and not less than 20 tonnes of a single quality in
        the case of olive oil otherwise presented ;                   manner that the tenderers remain anonymous.
  (b) proof is furnished before expiry of the time limit for                                     Article 6
        the submission of tenders that the tenderer has lodged
        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 subheadings listed in Article 1 . Refunds shall be fixed
   tender.                                                             no later than the eighth working day after the expiry of
                                                                       each deadline for the submission of tenders.
   7.     A tender which is not submitted in accordance with
   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--- 4. 11 . 88                             Official Journal of the European Communities                              No L 301741
                                                                                             Article 9
2.     It may also be decided, in accordance with that
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 s 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
                                                                   tender and also stating the quality and presentation of the
whether the olive oil is put up in immediate containers of         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
                                                                    tonnes in respect of each quality and presentation of olive
  1.    If a maximum quantity is fixed in respect of a              oil. The said licence, which shall be subject to the provi­
 partial invitation to tender, a contract shall be awarded to       sions of Commission Regulation (EEC) No 2041 /75 (') as
 the tenderer whose tender quotes the lowest export refund          regards export licences with advance fixing of the refund,
 and, if necessary, to the tenderer whose tender quotes the         shall be issued by the competent authority of the Member
  next lowest refund, and so on until the entire maximum            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               The rights and obligations arising from the said licence
  otherwise result in the maximum quantity being                     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 all Member
                     States.
                     Done at Brussels, 3 November 1988 .
                                                                              For the Commission
                                                                               Frans ANDRIESSEN
                                                                                  Vice-President
                                                                      0 OJ No L 213, 11 . 8 . 1975, p. 1 .