CELEX: 31990R3192
Language: en
Date: 1990-11-01 00:00:00
Title: Commission Regulation (EEC) No 3192/90 of 31 October 1990 issuing a standing invitation to tender in order to determine refunds on exports of olive oil for the period 1 November 1990 to 31 October 1991

No L 304/96                               Official Journal of the European Communities                                 1 . 11 . 90
                                     COMMISSION REGULATION (EEC) No 3192/90
                                                        of 31 October 1990
                  issuing a standing invitation to tender in order to determine refunds on exports
                           of olive oil for the period 1 November 1990 to 31 October 1991
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          cates for agricultural products ; whereas these Regulations
                                                                     apply to olive oil ; whereas thes? common provisions
Having regard to the Treaty establishing the European                should be supplemented by certain specific provisions ;
Economic Community,
                                                                     Whereas it is desirable to extend the use of the ecu to the
Having regard to Council Regulation No 136/66/EEC of                 largest number of commercial operations in the Commu­
of 22 September 1966 on the establishment of a common                nity ;
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 2902/89 (2),                          Whereas the measures provided for in this Regulation are
                                                                     in accordance with the opinion of the Management
Having regard to Council Regulation (EEC) No 1650/86                 Committee for Oils and Fats,
of 26 May 1986 on the refunds and levies applicable to
exports of olive oil (3), and in particular Articles 5 and 7         HAS ADOPTED THIS REGULATION :
thereof,
                                                                                               Article 1
Whereas the export refunds for olive oil cannot be fixed
only in accordance with the standard procedure, since                1 . There shall be issued a standing invitation to tender
there is insufficient information available on the world             in order to determine export refunds on olive oil falling
market situation ; whereas provision should therefore be             within the following CN codes :
made for issuing a standing invitation to tender so that             — 1509 10 90
the refunds can, in the coming months, be determined by
tender ;                                                             — 1509 90 00
                                                                     — 1510 00 90
Whereas, in view of the demand for olive oil on the world
market in certain special cases, provisions should be                2. The standing invitation to tender shall remain open
adopted whereby certain conditions are laid down in the              until 31 October 1991 . During its period of validity there
standing invitation to tender ;                                      shall be issued partial invitations to tender.
Whereas, in view of the specific nature of the tendering                                       Article 2
procedure, detailed rules should be laid down which will
enable operators in the various Member States to take part           Pursuant to this tendering procedure the Commission
on equal terms, while providing certain guarantees                   may in accordance with the procedure laid down in
regarding the validity of the tenders ;                              Article 38 of Regulation No 136/66/EEC :
                                                                     (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
 tities ;
                                                                          tation to tender or differentiate the refund according
                                                                          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 1615/90 (*);                     in response to the partial invitations to tender shall be as
whereas Commission Regulation (EEC) No 3719/88 (*),                   follows :
 amended by Regulation (EEC) No 1 599/90 (*), 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,
 0   OJ   No L 280, 29. 9. 1989, p. 2.
 0   OJ   No L 145, 30. 5. 1986, p. 8 .                               — for August : from the 1 5th to the 23rd day of each
 (4) OJ   No L 351 , 14. 12. 1987, p. 1 .                                 month at 1 p.m,
 0   OJ   No L 152, 16. 6. 1990, p. 33.
 Is) OJ   No L 331 , 2. 12. 1988, p. 1 .                              — for December : from the fifth to the ninth day at 1
 0   OJ   No L 151 , 15. 6. 1990, p. 29.                                  p.m .
 ---pagebreak--- 1 . 11 . 90                              Official Journal of the European Communities                              No L 304/97
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 ;
(b) proof is furnished before expiry of the time limit for
                                                                    2.    Tenders shall be communicated by telex or by
                                                                    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 304/98                           Official Journal of the European Communities                                  1 . 11 . 90
2.     It may also be decided, in accordance with that           — by being apportioned among the tenderers concerned
procedure :                                                           by reference to a maximum tonnage to be fixed for
                                                                      each of them .
— to fix a maximum quantity in respect of each partial
    invitation to tender,                                                                   Article 8
— not to award a contract in response to a partial specific      The competent authority of the Member State concerned
    invitation to tender.                                        shall immediately notify the applicants of the result of
                                                                 their participation in the invitation to tender. In addition,
3.     The refunds are be differentiated according to            the competent authority shall issue to successful tenderers
whether the olive oil is put up in immediate containers of       an export licence for the quantity awarded, indicating in
a net capacity of five litres or less or is otherwise            box 1 8 (a) the export refund quoted in his tender and also
presented.                                                       stating the quality and presentation of the oil and, where
                                                                 appropriate, the use to which it is to be put.
4. Where the refund is differentiated according to
destination it shall be fixed in the light of the specific                                  Article 9
situation of each country of destination.                        Every successful tenderer shall have :
5. Export refunds shall be adjusted during the period of         the obligation to export, during the period of validity of
validity of the export licences as referred to in Article 9,     the export licence awarded to him and, where applicable,
in the light of changes in the threshold price occuring          to the country indicated in the tender, the tendered quan­
between the day on which the export declaration is               tity of olive oil of the quality and presentation stated in
                                                                 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 10
maximum export refund is fixed, be awarded to every               1 . Before expiry of the time limit for the submission of
tenderer whose tender quotes a rate of refund equal to or         tenders, operators who are unable to take part in the invi­
less than such maximum refund for the quantity stated in          tation to tender on account of the minimum quantity
the tender.
                                                                  referred to in Article 3 may apply each month for a
                                                                  special export licence for a total quantity of less than 20
                            Article 7                             tonnes in respect of each quality and presentation of olive
                                                                  oil. The said licence, which shall be subject to the provi­
 1 . If a maximum quantity is fixed in respect of a               sions of Commission Regulation (EEC) No 2041 /75 (') as
partial invitation to tender, a contract shall be awarded to      regards export licences with advance fixing of the refund,
the tenderer whose tender quotes the lowest export refund         shall be issued by the competent authority of the Member
and, if necessary, to the tenderer whose tender quotes the        State concerned, and shall indicate in box 18 (a) the
 next lowest refund, and so on until the entire maximum           maximum rate of refund accepted in respect of the last
quantity has been accounted for.                                  invitation to tender for that quality and presentation.
                                                                  The rights and obligations arising from the said licence
 2. However, where an award to a particular tenderer in           are not transferable.
accordance with the provisions of paragraph 1 would               2.    The   Member     States  shall   communicate    to   the
 otherwise result in the maximum quantity being
                                                                  Commission on the 5th and 20th of each month, in
 exceeded, that award shall be limited to such quantity as
 is still available. Where two or more tenders quote the          respect of the previous fortnight, the number of licences
 same refund, and awards to all of them would result in           issued and the quantities involved, broken down by
 the maximum quantity being exceeded, the quantity                quality and presentation.
 available shall be allocated as follows :                                                  Article 11
 — by being divided among the tenderers concerned in              This Regulation shall enter into force on the day of its
     proportion to the total quantities in each of their          publication in the Official Journal of the European
     tenders, or                                                   Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 31 October 1990 .
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
                                                                  (') OJ No L 213, 11 . 8 . 1975, p. 1 .