31990R3192

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 Whereas the measures provided for in this Regulation are amended by Regulation (EEC) No 2902/89 (2), 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 — 1509 90 00 tender ; — 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 Pursuant to this tendering procedure the Commission enable operators in the various Member States to take part on equal terms, while providing certain guarantees may in accordance with the procedure laid down in 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) 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 .

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 tender. which the deadline expires in a Member State is a public 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 meaning of Article 20 of Regulation (EEC) No 2220/85 (a) the reference number of the Regulation issuing the shall be the obligations set out in paragraph 3 (b) and invitation to tender, and the partial or specific invita­ compliance with the time limit set. tion to tender in response to which the offer is being 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 (b) to successful tenderers, only net capacity of five litres or less or whether it is other­ wise presented ; — for the quantity in respect of which they have fulfilled the obligation created by the licence (d) the country of destination, where the refund is referred to in Article 9, the provisions of Article 33 differentiated according to the country of destination ; 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.

1 . 11 . 90 No L 304/98 Official Journal of the European Communities

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, to the country indicated in the tender, the tendered quan­ in the light of changes in the threshold price occuring 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 Article 10 indent of paragraph 2 a contract shall, in cases where a 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 sions of Commission Regulation (EEC) No 2041 /75 (') as 1 . If a maximum quantity is fixed in respect of a regards export licences with advance fixing of the refund, partial invitation to tender, a contract shall be awarded to the tenderer whose tender quotes the lowest export refund shall be issued by the competent authority of the Member State concerned, and shall indicate in box 18 (a) the and, if necessary, to the tenderer whose tender quotes 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 respect of the previous fortnight, the number of licences is still available . Where two or more tenders quote the issued and the quantities involved, broken down by same refund, and awards to all of them would result in quality and presentation. the maximum quantity being exceeded, the quantity 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 .