CELEX: 31992R3143
Language: en
Date: 1992-10-30 00:00:00
Title: Commission Regulation (EEC) No 3143/92 of 29 October 1992 issuing a standing invitation to tender in order to determine refunds on exports of olive oil for the period 1 November 1992 to 31 October 1993

30. 10. 92                              Official Journal of the European Communities                            No L 313/39
                                   COMMISSION REGULATION (EEC) No 3143/92
                                                     of 29 October 1992
                  issuing a standing invitation to tender in order to determine refunds on exports
                          of olive oil for the period 1 November 1992 to 31 October 1993
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas the measures provided for in this Regulation are
Having regard to the Treaty establishing the European             in accordance with the opinion of the Management
                                                                   Committee for Oils and Fats,
Economic Community,
Having regard to Council Regulation No 136/66/EEC of
of 22 September 1966 on the establishment of a common              HAS ADOPTED THIS REGULATION :
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 2046/92 (2),
                                                                                             Article 1
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       1 . There shall be issued a standing invitation to tender
thereof,                                                          in order to determine export refunds on olive oil falling
                                                                  within the following CN codes :
Whereas the export refunds for olive oil cannot be fixed          — 1509 10 90
only in accordance with the standard procedure, since
there is insufficient information available on the world          — 1509 90 00
market situation ; whereas provision should therefore be
                                                                  — 1510 00 90.
made for issuing a standing invitation to tender so that
the refunds can, in the coming months, be determined by
tender ;                                                          2. The standing invitation to tender shall remain open
                                                                  until 31 October 1993. 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 ;
Whereas, in view of the specific nature of the tendering          Pursuant to this tendering procedure the Commission
procedure, detailed rules should be laid down which will          may in accordance with the procedure laid down in
enable operators in the various Member States to take part        Article 38 of Regulation No 136/66/EEC :
on equal terms, while providing certain guarantees
regarding the validity of the tenders ;                           (a) issue invitations to tender in respect of specific desti­
                                                                       nations, in response to demand for olive oil in certain
Whereas, in order to ensure the smooth operation of the                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 ;
                                                                  (c) cancel one or more partial invitations to tender before
Whereas Commission Regulation (EEC) No 3665/87 (4)                     the deadline for submitting tenders ;
lays down common detailed rules for the application of            (d) exclude certain countries of destination from the invi­
the system of export refunds on agricultural products, as              tation to tender or differentiate the refund according
last amended by Regulation (EEC) No 1 525/92 (*) ;                     to the country of destination.
whereas Commission Regulation (EEC) No 3719/88 (%
amended by Regulation (EEC) No 2101 /92 f), lays down
common detailed rules for the application of the system                                     Article 3
of (import and) export licences and advance fixing certifi­
cates for agricultural products ; whereas these Regulations        1 . The periods during which tenders may be submitted
apply to olive oil ; whereas these common provisions              in response to the partial invitations to tender shall be as
should be supplemented by certain specific provisions ;           follows :
Whereas it is desirable to extend the use of the ecu to the       — for November, January, February, March, April, May,
largest number of commercial operations in the Commu­                  June, July, September, and October : from the fifth
nity ;                                                                 day to the ninth day of each month at 1 p.m. and
                                                                       from the 19th to the 23rd day of each month at 1
(') OJ No  172, 30. 9. 1966, p. 3025/66.                               p.m.,
O   OJ No  L 215, 30. 7. 1992, p. 1 .                             — for August : from the 19th to the 23th day of each
(3) OJ No  L 145, 30. 5. 1986, p. 8 .
(4) OJ No  L 351 , 14. 12. 1987, p. 1 .                                month at 1 p.m.,
O   OJ No  L 160, 13. 6. 1992, p. 7.
(") OJ No  L 331 , 2. 12. 1988, p. 1 .                            — for December : from the 10th to the 14th day at 1
O   OJ No  L 210, 25. 7. 1992, p. 18.                                  p.m.
 ---pagebreak---  No L 313/40                             Official Journal of the European Communities                                 30 . 10 . 92
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 s, 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--- 30. 10 . 92                            Official Journal of the European Communities                            No L 313/41
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
— to fix a maximum quantity in respect of each partial           is still available. Where two or more tenders quote the
    invitation to tender,                                        same refund, and awards to all of them would result in
                                                                 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 light of the specific
situation of each country of destination.                                                  Article 8
5. Export refunds shall be adjusted during the period of         The competent authority of the Member State concerned
validity of the export licences as referred to in Article 9,     shall immediately notify the applicants of the result of
in the light of changes in the threshold price occuring          their participation in the invitation to tender. In addition,
between the day on which the export declaration is               the competent authority shall issue to successful tenderers
accepted.                                                        an export licence for the quantity awarded, indicating in
                                                                 box 1 8 (a) the export refund quoted in his tender and also
6. Without prejudice to the provisions of the first              stating the quality and presentation of the oil and, where
indent of paragraph 2 a contract shall, in cases where a         appropriate, the use to which it is to be put.
maximum export refund is fixed, be awarded to every
tenderer whose tender quotes a rate of refund equal to or                                  Article 9
less than such maximum refund for the quantity stated in
the tender.                                                      Every successful tenderer shall have the obligation to
                                                                 export, during the period of validity of the export licence
                          Article 7                              awarded to him and, where applicable, to the country
                                                                 indicated in the tender, the tendered quantity of olive oil
1 . If a maximum quantity is fixed in respect of a               of the quality and presentation stated in 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 1992.
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                       Member of the Commission