CELEX: 31991R3149
Language: en
Date: 1991-10-30 00:00:00
Title: Commission Regulation (EEC) No 3149/91 of 29 October 1991 issuing a standing invitation to tender in order to determine refunds on exports of olive oil for the period 1 November 1991 to 31 October, 1992

No L 299/24                            Official Journal of the European Communities                               30. 10. 91
                                     COMMISSION REGULATION (EEC) No 3149/91
                                                      of 29 October 1991
                  issuing a standing invitation to tender in order to determine refunds on exports
                           of olive oil for the period 1 November 1991 to 31 October 1992
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Whereas it is desirable to extend the use of the ecu to the
                                                                  largest number of commercial operations in the Commu­
 Having regard to the Treaty establishing the European            nity ;
 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 1720/91 (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 Articles 5 and 7
 thereof,                                                         1 . There shall be issued a standing invitation to tender
                                                                  in order to determine export refunds on olive oil falling
 Whereas the export refunds for olive oil cannot be fixed         within the following CN codes :
 only in accordance with the standard procedure, since
 there is insufficient information available on the world         — 1509 10 90
 market situation ; whereas provision should therefore be         — 1509 90 00
 made for issuing a standing invitation to tender so that         — 1510 00 90
 the refunds can, in the coming months, be determined by
 tender ;                                                         2. The standing invitation to tender shall remain open
                                                                  until 31 October 1992. During its period of validity there
 Whereas, in view of the demand for olive oil on the world        shall be issued partial invitations to tender.
 market in certain special cases, provisions should be
 adopted whereby certain conditions are laid down in the
                                                                                            Article 2
 standing invitation to tender ;
                                                                  Pursuant to this tendering procedure the Commission
 Whereas, in view of the specific nature of the tendering         may in accordance with the procedure laid down in
 procedure, detailed rules should be laid down which will         Article 38 of Regulation No 136/66/EEC :
 enable operators in the various Member States to take part
 on equal terms, while providing certain guarantees               (a) issue invitations to tender in respect of specific desti­
 regarding the validity of the tenders ;                              nations, in response to demand for olive oil in certain
                                                                      third countries ;
Whereas, in order to ensure the smooth operation of the           (b) impose restrictions on the quantities and qualities of
 tendering procedure, the arrangements for determining                oil for which offers may be submitted ;
 the refunds and awarding the contract should be speci­
fied ;                                                            (c) cancel one or more partial invitations to tender before
                                                                      the deadline for submitting tenders ;
Whereas Commission Regulation (EEC) No 3665/87 (4)                (d) exclude certain countries of destination from the invi­
lays down common detailed rules for the application of                tation to tender or differentiate the refund according
the system of export refunds on agricultural products, as             to the country of destination.
last amended by Regulation (EEC) No 1615/90 Q ;
whereas Commission Regulation (EEC) No 3719/88 (*),                                         Article 3
amended by Regulation (EEC) No 1599/90 0, lays down
common detailed rules for the application of the system           1 . The periods during which tenders may be submitted
of (import and) export licences and advance fixing certifi­       in response to the partial invitations to tender shall be as
                                                                  follows :
cates for agricultural products ; whereas these Regulations
apply to olive oil ; whereas these common provisions              — for November, January, February, March, April, May,
should be supplemented by certain specific provisions ;               June, July, September, and October : from the fifth
                                                                      day to the ninth day of each month at 1 p.m. and
0   OJ No  172, 30. 9. 1966, p. 3025/66.                              from the 15th to the 23rd day of each month at 1
(2) OJ  No L 162, 26. 6. 1991 , p. 27.                                p.m.,
(3) OJ No  L 145, 30. 5. 1986, p. 8.
0   OJ  No L 351 , 14. 12. 1987, p. 1 .                           — for August : from the 15th to the 22nd day of each
0   OJ  No L 152, 16. 6. 1990, p. 33.                                 month at 1 p.m.,
0   OJ  No L 331 , 2. 12. 1988, p. 1 .
0   OJ  No L 151 , 15. 6. 1990, p. 29.                            — for December : from the 5th to the 16th day at 1 p.m.
 ---pagebreak---  30. 10. 91                               Official Journal of the European Communities                               No L 299/25
 That deadline shall be in Belgian time. Where the day on            Member State whose competent authority received the
 which the deadline expires in a Member State is a public            tender.
 holiday for the authority responsible for receiving the
                                                                     7.    A tender which is not submitted in accordance with
 tenders, the deadline shall expire at 1 p.m. on the last
 preceding working day.                                              the provisions of this Regulation or which contains terms
                                                                     other than those indicated herein, shall not be considered.
 2.     Offers in connection with this invitation to tender          8.    Once submitted, a tender may not be withdrawn.
 must be in writing, and must be either delivered by hand,
 against a receipt, to the competent authority in a Member
                                                                                                Article 4
 State, or addressed to that authority by registered letter,
 telex, telefax or telegram.                                         1 . A security of ECU 10 per 100 kilograms of olive oil
                                                                     to be exported must be lodged by each tenderer. This
 Separate tenders must be submitted where they relate to             security shall in the case of successful tenderers become
 several qualities, presentations or, where applicable,              the security for the export licence.
 several countries of destination.
                                                                     2. The provisions of Commission Regulation (EEC) No
 3.     An offer must indicate :                                     2220/85 (') shall apply to the securities referred to in this
                                                                     Regulation. The primary requirements within the
 (a) the reference number of the Regulation issuing the              meaning of Article 20 of Regulation (EEC) No 2220/85
      invitation to tender, and the partial or specific invita­      shall be the obligations set out in paragraph 3 (b) and
      tion to tender in response to which the offer is being         compliance with the time limit set.
      made ;
                                                                     3.    Except in case of force majeure, the security will be
 (b) the name and address of the tenderer ;                          released :
(c) the quantity, quality and subheadings of the olive oil          (a) to tenderers only in respect of the quantity for which
     to be exported and the presentation of the oil, speci­              no award was made ;
     fying whether it is put up in immediate containers of a
     net capacity of five litres or less or whether it is other­    (b) to successful tenderers, only
     wise " presented ;                                                  — for the quantity in respect of which they have
(d) the country of destination, where the refund is                          fulfilled the obligation created by the licence
      differentiated according to the country of destination ;               referred to in Article 9, the provisions of Article 33
                                                                             of Regulation (EEC) No 3719/88 remaining
(e) the amount of the export refund per 100 kilograms of                     applicable,
      olive oil, expressed in ecus ;                                     — if proof is furnished that the olive oil has reached
(f) the minimum amount of the security to be lodged                          its destination, in cases where the refund appli­
      covering the quantity of olive oil indicated in (c),                   cable in. respect of the invitation to tender is valid
      expressed in the currency of the Member State in                       for certain third countries only.
      which the tender is submitted.
                                                                                               Article 5
4.      An offer shall be valid only if :
                                                                     1 . Tenders shall be examined in private by the compe­
(a) the quantity to be exported is not less than five tonnes        tent agency of the Member State concerned.* Subject to
      of a single quality in the case of olive oil put up in        paragraph 2, persons present af the examination shall be
      immediate containers of a net capacity of five litres or      under an obligation not to disclose any particulars relating
      less, and not less than 20 tonnes of a single quality in      thereto.                                             *
      the case of olive oil otherwise presented ;
                                                                    2.    Tenders shall be communicated by telex or by
(b) proof is furnished before expiry of the time limit for          telefax to the Commission forthwith and in such a
      the submission of tenders that the tenderer has lodged        manner that the tenderers remain anonymous.
      the security indicated in the tender ;
(c) it contains all the information required under para­                                       Article 6
     graph 3.
                                                                     1 . In the light, in particular, of the current situation
5. Tenders shall be valid in respect of only one partial            and foreseeable development of the Community and
invitation to tender or, where applicable, one specific             world olive oil markets, and the tenders received, a
invitation to tender. A tender may stipulate that it is to be       maximum refund shall, in accordance with the procedure
regarded as having been submitted only if the quantity              laid down in Article 38 of Regulation (EEC) No 136/
awarded represents all or a specified part of the tendered          66/EEC, be fixed for exports of the product falling within
quantity.                                                           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.
6. The tender, the proof and the declarations referred
to in paragraphs 3 and 4 above shall be expressed in the
official language or one of the official languages of the           (•) OJ No L 205, 3. 8. 1985, p. 5.
 ---pagebreak--- No L 299/26                            Official Journal of the European Communities                                30 . 10 . 91
2. It may also be decided, in accordance with that               otherwise result in the maximum quantity being
procedure :                                                      exceeded, that award shall be limited to such quantity as
                                                                 is still available. Where two or more tenders quote the
— to fix a maximum quantity in respect of each partial           same refund, and awards to all of them would result in
    invitation to tender,
                                                                 the maximum quantity being exceeded, the quantity
— not to award a contract in response to a partial specific      available shall be allocated as follows :
    invitation to tender.
                                                                 — by being divided among the tenderers concerned in
3.    The refunds are be differentiated according to                  proportion to the total quantities in each of their
whether the olive oil is put up in immediate containers of           -tenders, or
a net capacity of five litres or less or is otherwise            — by being apportioned among the tenderers concerned
presented.                                                            by reference to a maximum tonnage to be fixed for
                                                                      each of them .
4.    Where the refund is differentiated according to
destination it shall be fixed in the ligty of the specific                                 Article 8
situation of each country of destination.
                                                                 The competent authority of the Member State concerned
5. Export refunds shall be adjusted during the period of         shall immediately notify the applicants of the result of
validity of the export licences as referred to in Article 9,     their participation in the invitation to tender. In addition,
in the light of changes in the threshold price occuring          the competent authority shall issue to successful tenderers
between the day on which the export declaration is               an export licence for the quantity awarded, indicating in
accepted.                                                        box 1 8 (a) the export refund quoted in his tender and also
                                                                 stating the quality and presentation of the oil and, where
6. Without prejudice to the provisions of the first              appropriate, the use to which it is to be put.
indent of paragraph 2 a contract shall, in cases where a
maximum export refund is fixed, be awarded to every
                                                                                           Article 9
tenderer whose tender quotes a rate of refund equal to or
less than such maximum refund for the quantity stated in         Every successful tenderer shall have :
the tender.
                                                                 the obligation to export, during the period of validity of
                                                                 the export licence awarded to him and, where applicable,
                          Article 7                              to the country indicated in the tender, the tendered quan­
                                                                 tity of olive oil of the quality and presentation stated in
1 . If a maximum quantity is fixed in respect of a               the tender.
partial invitation to tender, a contract shall be awarded to
the tenderer whose tender quotes the lowest export refund        This right and these obligations are not transferable.
and,.if necessary, to the tenderer whose tender quotes the
next lowest refund, and so on until the entire maximum                                    Article 10
quantity has been accounted for.
                                                                 This Regulation shall enter into force on the day of its
2. However, where an award to a particular tenderer in           publication in the Official Journal of the European
accordance with the provisions of paragraph 1 would               Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 29 October 1991 .
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                        Member of the Commission