31992R3143

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 in accordance with the opinion of the Management Having regard to the Treaty establishing the European 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 1 . There shall be issued a standing invitation to tender exports of olive oil (3), and in particular Articles 5 and 7 in order to determine export refunds on olive oil falling thereof, 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 2. The standing invitation to tender shall remain open tender ; 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 (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 Whereas, in order to ensure the smooth operation of the third countries ; tendering procedure, the arrangements for determining (b) impose restrictions on the quantities and qualities of the refunds and awarding the contract should be speci­ oil for which offers may be submitted ; fied ; (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 p.m ., (') OJ No 172, 30. 9. 1966, p. 3025/66. 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. — for December : from the 10th to the 14th day at 1 (") OJ No L 331 , 2. 12. 1988, p. 1 . O OJ No L 210, 25. 7. 1992, p. 18. p.m .

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 the provisions of this Regulation or which contains terms preceding working day. 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 invitation to tender, and the partial or specific invita­ shall be the obligations set out in paragraph 3 (b) and 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 released : (b) the name and address of the tenderer ; (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 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 the CN codes listed in Article 1 . Refunds shall be fixed quantity. 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.

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 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 light of the specific Article 8 situation of each country of destination. 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