# Commission Regulation (EC) No 1961/2001 of 8 October 2001 laying down detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables, Article 4: Special provisions for system A3 (invitations to tender)

Extent: E+W+S+N.I.

1. Interested exporters shall respond to invitations to tender by submitting a written tender to the competent body of a Member State against a receipt with a view to obtaining a system A3 licence as referred to in Article 1(3).
2. Tenders shall be submitted using the specimen application form referred to in section 2 of Regulation (EC) No 1291/2000, duly completed and showing the following in box 20:
the number of the regulation opening the invitation to tender,
the rate of the export refund, expressed in a whole number of euro per tonne net weight.
Tenders shall be valid only if they are submitted no later than 12.00 (Brussels time) on the last day of the period fixed for the submission of tenders; where that day is a holiday in a Member State for the body responsible for receiving the tenders, the deadline shall be 12.00 on the last preceding working day.
3. Tenders shall be opened by the competent body of the Member State concerned in the absence of members of the public. The persons present at the opening shall be under an obligation not to disclose any particulars relating thereto. Admissible tenders shall be forwarded to the Commission without the tenderers being mentioned by name in accordance with Article 7(3) no later than 12.00 (Brussels time) on the first working day following the final date for submission of tenders.
4. The Commission shall fix the maximum rate of the export refund for each category of products to be exported and each destination or group of destinations in the light of the tenders submitted and the foreseeable situation on the market in the products concerned. Awards shall be made to tenderers whose tenders quote a rate of refund equal to or less than the maximum export-refund rate, for the quantity and rate quoted in the tender. However, where tenders quote exactly the maximum rate of the refund, the Commission may fix a percentage to reduce the quantity awarded. The Commission may also reject all tenders by fixing a zero maximum rate.
Where the maximum rate necessary to award licences for the indicative quantity up to the quantities tendered for exceeds the indicative rate by more than 50 % and in exceptional situations, the maximum rate shall be fixed by the Commission in accordance with the procedure laid down in Article 46 of Regulation (EC) No 2200/96.
5. No later than the third working day following publication of the maximum rate of the refund, the competent body shall issue successful tenderers with export licences for the quantity awarded, mentioning the refund indicated in the tender in box 22 of the licence, in accordance with Article 5(7). Securities lodged by tenderers whose tenders quote a rate higher than the maximum rate of the export refund shall be released.

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Source: https://www.legislation.gov.uk/eur/2001/1961/article/4 (the official version)
Page: https://openlegislation.uk/eu-regulation-2001-1961/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.