EN Official Journal of the European Communities 21. 9. 1999 L 248/19
COMMISSION REGULATION (EC) No 2010/1999
of 20 September 1999
opening an invitation to tender for the refund or the tax 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), as last amended by Commission Regulation (EC) No
1253/1999 (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,
(1) Whereas, with a view to supplying the markets of theACP countries, favoured partners of the Community,significant quantities of common wheat are required forthe 1999/2000 marketing year; whereas these marketsare usually supplied on the basis of regular contracts toensure stable prices for the ACP countries over a certainperiod; whereas it is therefore necessary to issue aspecific invitation to tender to ensure that users incertain ACP States have access to common wheat underconditions appropriate to the highly competitive situ-ation on the world market;
(2) Whereas the detailed procedural rules governing invita-tions to tender are as regards the fixing of the exportrefund, or export tax in Regulation (EC) No 1501/95;whereas the commitments on the part of the tendererinclude an obligation to lodge an application for anexport licence; whereas compliance with this obligationmay be ensured by requiring tenderers to lodge atendering security of EUR 12 per tonne when theysubmit their tenders;
(3) Whereas, in order to ensure the smooth operation of theexport tendering procedure it is appropriate to prescribea minimum quantity to be tendered for and a time limitand form for the communication of tenders submittedto the competent authorities;
(4) Whereas provision should be made for a security lodge-ment scheme which ensures that the aims are met whileavoiding excessive costs for the operators;
(5) Whereas, in addition to the conditions laid down inArticle 30 of Commission Regulation (EEC) No3719/88 (
5), as last amended by Regulation (EC) No1127/1999 (6), provision should be made for the release
for consumption in the ACP State(s) laid down in thisRegulation;
(6) Whereas the measures provided for in this Regulationare in accordance with the opinion of the ManagementCommittee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. Tenders shall be invited for the export refund and/or
export tax concerning common wheat, as provided for inArticle 4 of Regulation (EC) No 1501/95.
2. The common wheat must be exported to an ACP State or
to several States within one of the groups of ACP States listedin Annex I.
3. The invitation shall remain open until 25 May 2000.
During this period weekly awards shall be made, for which thequantities 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 1 000 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:
— the tenderer provides written proof from an official body in
the ACP country of destination or a company having itsoverseas subsidiary in the said country, that he hasconcluded for the quantity in question a commercial supplycontract 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 thosedeliveries to be made during the 1999/2000 marketing yearfor quantities traditionally supplied; such proof shall belodged with the competent authorities at least two workingdays 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.
(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 160, 26.6.1999, p. 18.
(3) OJ L 147, 30.6.1995, p. 7.
(4) OJ L 313, 21.11.1998, p. 16.
(5) OJ L 331, 2.12.1988, p. 1. (6) OJ L 135, 29.5.1999, p. 48.
EN Official Journal of the European Communities 21. 9. 1999 L 248/20
The proof provided for in the first indent shall also indicate the
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.
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
State or States for which the licence application was submitted.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 (EEC) No 3719/88 notwith-
standing, the rights deriving from the licence referred to in thisArticle shall not be transferable.
Article 6
The obligation to export and import into one of the countries
of destination listed in Annex Ishall be covered by a securityamounting to EUR 20 per tonne, lodged upon issue of theexport licence.
The amount of EUR 20 per tonne must be released within 15
working days of the date on which the successful tenderersupplies proof of entry for consumption into the ACP State orStates referred to in Article 1(2). This proof shall be supplied inaccordance with Articles 16 and 49 of Commission Regulation(EC) No 800/1999 (
1).
Article 7
1. Notwithstanding Article 21(1) of Regulation (EEC) No
3719/88, export licences issued under Article 8(1) of Regula-tion (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. The Commission shall decide, pursuant to the procedures
laid down in Article 23 of Regulation (EEC) No 1766/92:
— to fix a maximum export refund, taking account in partic-
ular of the criteria laid down in Article 1 of Regulation (EC)No 1501/95, or
— to fix a minimum export tax, taking into account in par-
ticular the criteria laid down in Article 1 of Regulation (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, as well as to thetenderer or tenderers whose bid relates to an export tax.
3. Where a minimum export tax is fixed, a contract shall be
awarded to any tenderer whose tender indicates a rate of taxequal to or more than such minimum export tax.
Article 9
Tenders submitted must reach the Commission through the
intermediary Member States, at the latest one and a half hoursafter expiry of the period for the weekly submission of tendersas specified in the notice of invitation to tender. They must becommunicated 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
The time limits fixed for the submission of tenders shall cor-
respond 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 .
(1) OJ L 102, 17.4.1999, p. 11.
EN Official Journal of the European Communities 21. 9. 1999 L 248/21
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 September 1999.
For the Commission
Franz FISCHLER
Member of the Commission
Group I Group II Group IIIANNEX I
Groups of ACP States signatories to the Lomé Convention
Mauritania
Mali
Niger
Senegal
Gambia
Guinea-Bissau
Guinea
Cape Verde
Sierra Leone
Liberia
Côte-d'Ivoire
Ghana
TogoChad
Central African Republic
Benin
Cameroon
Equatorial Guinea
São Tomé and Principe
Gabon
Congo
Democratie Republic of Congo
Rwanda
Burundi
Burkina FasoSeychelles
Comoros
Madagascar
Mauritius
Angola
Zambia
Malawi
Mozambique
Namibia
Botswana
Zimbabwe
Lesotho
Swaziland
Djibouti
Ethiopia
Eritrea
EN Official Journal of the European Communities 21. 9. 1999 L 248/22
ANNEX II
Weekly tender for the refund or the tax for the export of common wheat to certain ACP States
(Regulation (EC) No 2010/1999)
Closing date for the submission of tenders (date/time)
1 2 3
A B
Number
of tendererQuantity
in tonnesAmount
of export tax
in EUR per tonneAmount
of export refund
in EUR per tonne
1
2
3
etc.
ANNEX III
The only numbers to use to call Brussels [DG VI/C/1] are:
— Fax: — 295 25 15,
— 296 49 56.
— Telex: — 22037 AGREC B,
— 22070 AGREC B (Greek characters).