31987R3129

No L 296/ 10 21 . 10 . 87 Official Journal of the European Communities

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 HAS ADOPTED THIS REGULATION : made for issuing a standing invitation to tender so that 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 code Whereas, in view of the demand for olive oil on the world 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 (a) issue invitations to tender in respect of specific desti­ allowing operators to obtain export licences for quan­ nations, in response to demand for olive oil in certain tities ; 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.

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 7 . A tender which is not submitted in accordance with authority responsible for receiving the tenders it shall, in the Member State concerned, expire on the preceding the provisions of this Regulation or which contains terms other than those indicated herein, shall not be considered. working day at 1 p.m. 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). 1 . A security of 10 ECU per 100 kilograms of olive oil 2. Offers in connection with this invitation to tender 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 2220/85 (') shall apply to the securities referred to in this Separate tenders must be submitted where they relate to Regulation. The primary requirements within the several qualities, presentations or, where applicable, 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 tent agency of the Member State concerned. Subject to 4. An offer shall be valid only if : 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 telefax to the Commission forthwith and in such a the case of olive oil otherwise presented ; manner that the tenderers remain anonymous. (b) proof is furnished before expiry of the time limit for the submission of tenders that the tenderer has lodged the security indicated in the tender ; (') OJ No L 205, 3 . 8 . 1985, p. 5.

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 .

Article7¶

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, Every successful tenderer shall have : — not to award a contract in response to a partial specific 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, shall be issued by the competent authority of the Member 6. Without prejudice to the provisions of the first State concerned, and shall indicate in box 18 (a) the indent of paragraph 2 a contract shall, in cases where a maximum rate of refund accepted in respect of the prece­ maximum export refund is fixed, be awarded to every 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 The first partial invitation to tender shall take place in is still available. Where two or more tenders quote the 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 .

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