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COMMISSION REGULATION (EC) No 2014/2000
of 25 September 2000
openingan invitation to tender for the refund for the export of common wheat to certain ACP
States
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 the market incereals(
1),aslastamendedbyCommissionRegulation(EC)No
1666/2000(2),
Having regard to Commission Regulation (EC) No 1501/95 of
29 June 1995 laying down certain detailed rules for theapplication of Council Regulation (EEC) No 1766/92 on thegranting of export refunds on cereals and the measures to betaken in the event of disturbance on the market for cereals(
3),
as last amended by Regulation (EC) No 2513/98(4), and in
particular Article 4 thereof,
Whereas:
(1)WithaviewtosupplyingthemarketsoftheACPcoun-
tries, favoured partners of the Community, significantquantities of common wheat are required for the 2000/2001marketingyear.Thesemarketsareusuallysuppliedon the basis of regular contracts to ensure stable pricesfor the ACP countries over a certain period. It is there-fore necessary to issue a specific invitation to tender toensure that users in certain ACP States have access tocommon wheat under conditions appropriate to thehighly competitive situation on the world market.
(2)The detailed procedural rules governing invitations totenderasregardsthefixingoftheexportrefundarelaiddown in Regulation (EC) No 1501/95. The commit-ments on the part of the tenderer include an obligationto lodge an application for an export licence. Compli-ance with this obligation may be ensured by requiringtenderers to lodge a tendering security of EUR 12 pertonne when they submit their tenders.
(3)In order to ensure the smooth operation of the exporttendering procedure it is appropriate to prescribe aminimum quantity to be tendered for and a time limitand form for the communication of tenders submittedto the competent authorities.
(4)Provision should be made for a security lodgementscheme which ensures that the aims are met whileavoiding excessive costs for the operators.
(5)In addition to the conditions laid down in Article 32 ofCommission Regulation (EC) No 1291/2000(
5), provi-
sion should be made for the release for consumption inthe ACP State(s) laid down in this Regulation.(6)The measures provided for in this Regulation are inaccordance with the opinion of the ManagementCommittee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. Tendersshallbeinvitedfortheexportrefundconcerning
commonwheat,asprovidedforinArticle4ofRegulation(EC)No 1501/95.
2. ThecommonwheatmustbeexportedtoanACPStateor
to several States within one of the groups of ACP States listedin Annex I.
3. The invitation shall remain open until 17 May 2001.
Duringthisperiodweeklyawardsshallbemade,forwhichthequantities and the time limits for the submission of tendersshall be as prescribed in the notice of invitation to tender.
Article 2
A tender shall be valid only if it relates to an amount of not
less than 1000 tonnes for the ACP States listed in Annex I.
Article 3
The security referred to in Article 5(3a) of Regulation (EC) No
1501/95 shall be EUR 12 per tonne.
Article 4
1. Tenders shall only be admissible if:
— thetendererprovideswrittenprooffromanofficialbodyin
the ACP country of destination or a company having itsoverseas subsidiary in the said country, that he hasconcludedforthequantityinquestionacommercialsupplycontract for common wheat for export to an ACP State orto several States within one of the groups of ACP Stateslisted in Annex I. That contract may cover only thosedeliveriestobemadeduringthe2000/2001marketingyearfor quantities traditionally supplied; such proof shall belodgedwiththecompetentauthoritiesatleasttwoworkingdays before the date of the partial invitation to tenderagainst which the tender is to be submitted,
— they are accompanied by an application for an export
licence for the destination in question.
Theproofprovidedforinthefirstindentshallalsoindicatethe
quality provided for in the contract, the time limit for deliveryand the price terms.
The Member State shall send the Commission a copy of the
said proof forthwith, for information.
(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 147, 30.6.1995, p. 7.
(4) OJ L 313, 21.11.1998, p. 16.
(5) OJ L 152, 24.6.2000, p. 1.
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2. Tenders may not exceed the quantity laid down in the
commercial contract submitted. The tenderers may not submitsimultaneously several bids on the basis of the same contract.
When transmitting the tenders submitted, the Member States
shall inform the Commission of the above, mentioning ifnecessary the names of the tenderers involved.
Article 5
1. The licence obliges the operator to export to the ACP
StateorStatesforwhichthelicenceapplicationwassubmitted.However, for ACP States and up to a limit of 30% of thequantity for which the licence was issued, the operator mayeffect his contract at another destination on condition that itbelongs to the same group of countries listed in Annex I.
2. The export licences shall be issued as soon as the
successful tenderers have been selected.
3. Article 9 of Regulation (EC) No 1291/2000 notwith-
standing,therightsderivingfromthelicencereferredtointhisArticle shall not be transferable.
Article 6
The obligation to export and import into one of the countries
of destination listed in Annex I shall be covered by a securityamountingtoEUR 20pertonne,lodgedonissueoftheexportlicence.
The amount of EUR 20 per tonne must be released within 15
working days of the date on which the successful tenderersuppliesproofofentryforconsumptionintotheACPStateorStatesreferredtoinArticle1(2).ThisproofshallbesuppliedinaccordancewithArticles16and49ofCommissionRegulation(EC) No 800/1999(
1).
Article 7
1. Notwithstanding Article 23(1) of Regulation (EC) No
1291/2000, export licences issued under Article 8(1) of Regu-lation (EC) No 1501/95 shall, for the purpose of determiningtheir period of validity, be deemed to have been issued on the
day on which the tender was submitted.
2. Export licences issued in connection with the invitations
to tender pursuant to this Regulation shall be valid from theirdate of issue, as defined in paragraph 1, until the end of thesixth month following that of issue.
Article 8
1. TheCommissionshalldecide,pursuanttotheprocedures
laid down in Article 23 of Regulation (EEC) No 1766/92:
— to fix a maximum export refund, taking account in partic-
ularofthecriterialaiddowninArticle1ofRegulation(EC)No 1501/95, or
— to make no award.
2. Where a maximum export refund is fixed, the contract
shall be awarded to the tenderer or tenderers whose bids areequal to or lower than the maximum refund.
Article 9
Tenders submitted must reach the Commission through the
intermediary Member States, at the latest one and a half hoursafterexpiryoftheperiodfortheweeklysubmissionoftendersasspecifiedinthenoticeofinvitationtotender.Theymustbecommunicated in the form indicated in Annex II, to the telexor fax numbers in Annex III.
If no tenders are received, Member States shall inform the
Commission of this within the time limit indicated in thepreceding paragraph.
Article 10
Thetimelimitsfixedforthesubmissionoftendersshallcorre-
spond to Belgian time.
Article 11
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, 25 September 2000.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 102, 17.4.1999, p. 11.
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GroupI GroupII GroupIIIANNEX I
Groups of ACP States signatories to the Lomé Convention
MauritaniaMaliNigerSenegalGambiaGuinea-BissauGuineaCapeVerdeSierraLeoneLiberiaCôte-d'IvoireGhanaTogoChadCentralAfricanRepublicBeninCameroonEquatorialGuineaSãoToméandPrincipeGabonCongoDemocraticRepublicofCongoRwandaBurundiBurkinaFasoSeychellesComorosMadagascarMauritiusAngolaZambiaMalawiMozambiqueNamibiaBotswanaZimbabweLesothoSwazilandDjiboutiEthiopiaEritrea
ANNEX II
Weekly tender for the refund for the export of common wheat to certain ACP States
(Regulation(EC)No2014/2000)
Closingdateforthesubmissionoftenders(date/time)
1 2 3
Number
oftendererQuantity
intonnesAmount
ofexportrefund
inEURpertonne
1
2
3
etc.
ANNEX III
The only numbers to use to call Brussels [DG AGRI/C/1] are:—Fax: —(02)2952515,
—(02)2964956,
—Telex: —22037AGRECB,
—22070AGRECB(Greekcharacters).