EN Official Journal of the European Communities 22. 9. 98 L 258/8
COMMISSION REGULATION (EC) No 2005/98
of 21 September 1998
amending Regulation (EC) No 1079/98 opening an invitation to tender for the
refund or the tax for the export of common wheat to all third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of themarket in cereals (
1), as last amended by Commission
Regulation (EC) No 923/96 (2),
Having regard to Commission Regulation (EC) No 1501/
95 of 29 June 1995 laying down certain detailed rules forthe application of Council Regulation (EEC) No 1766/92on the granting of export refunds on cereals and themeasures to be taken in the event of disturbance on themarket for cereals (
3), as last amended by Regulation (EC)
No 2052/97 (4), and in particular Article 4 thereof,
Whereas Commission Regulation (EC) No 2004/98 (5)
opens an invitation to tender relating to the export ofcommon wheat to certain ACP States; whereas the des-tinations laid down in Commission Regulation (EC) No1079/98 (
6) should therefore be amended;
Whereas Commission Regulation (EEC) No 3665/87 of
27 November 1987 laying down common detailed rulesfor the application of the system of export refunds onagricultural products (
7), as last amended by Regulation
(EC) No 604/98 (8), requires that, where refunds vary
according to destination, payment of the refund be madeconditional inter alia on presentation of proof that the
product has been imported in its unaltered state into thethird country or into one of the third countries for whichthe refund applies; whereas that proof is required underthe invitation to tender opened by Regulation (EC)No 2004/98 for exports of common wheat to certainACP States; whereas exports to other third countriesunder the invitation to tender opened by Regulation (EC)No 1079/98 are carried out under less favourable condi-tions; whereas the risk of fraud is therefore small; whereas,in order to avoid obstructing these exports to other thirdcountries, proof of arrival should not be required; whereascertificates drawn up by the competent authorities of theMember States stating that the products have left theterritory of the Community on board a vessel suitable for
sea transport may be considered to provide a sufficientguarantee;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the ManagementCommittee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1079/98 is amended as follows:
1. the title is replaced by the following:
‘opening an invitation to tender for the refund or the
tax for the export of common wheat to all third coun-tries except certain ACP States';
2. Article 1(2) is replaced by the following:
‘2. The invitation to tender shall cover common
wheat for export to all third countries except ACPStates listed in Annex III.';
3. the following Article 4a is added after Article 4:
‘Article 4aNotwithstanding Article 18 of Commission Regulation
(EEC) No 3665/87 (*), proof of completion of customsformalilties for release for consumption shall not berequired for payment of refunds fixed in a contractawarded under this tender, in so far as the operatorprovides proof that a quantity of at leat 1 500 tonnes ofcereal product have left the customs territory of theCommunity on board a vessel suitable for sea trans-port.
(*) OJ L 351, 14.12.1987, p. 1.';
4. the title of Annex I is replaced by the following:
‘Weekly tender for the refund or the tax for the export
of common wheat to all third countries except certainACP States.';
5. the following Annex III is added:(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 147, 30. 6. 1995, p. 7.
(4) OJ L 287, 21. 10. 1997, p. 14.
(5) See page 4 of this Official Journal.
(6) OJ L 154, 28. 5. 1998, p. 24.
(7) OJ L 351, 14. 12. 1987, p. 1.
(8) OJ L 80, 18. 3. 1998, p. 19.
EN Official Journal of the European Communities 22. 9. 98 L 258/9
‘ANNEX III
Groups of ACP States signatories to the Lom Convention
Group I Group II Group III
Mauritania
MaliNigerSenegalGambiaGuinea BissauGuineaCape VerdeSierra LeoneLiberiaCte-d’IvoireGhanaTogoChadCentral African RepublicBeninCameroonEquatorial GuineaSÑo Tom and PrncipeGabonCongoDemocratic Republic ofCongoRwandaBurundiBurkina FasoSeychellesComorosMadagascarMauritiusAngolaZambiaMalawiMozambiqueNamibiaBotswanaZimbabweLesothoSwazilandDjiboutiEthiopiaEritrea'
Article 2
This Regulation shall enter into force on the day following its publication in the Official
Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 21 September 1998.
For the Commission
Franz FISCHLER
Member of the Commission