Commission Regulation (EC) No 259/98 of 30 January 1998 laying down detailed rules for the export of products supplied as Community food aid
Date: 1998-01-30
Institutions: European Commission
Subjects: EU aid, aid system, export, export licence, export refund, food aid

31. 1. 98

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Official Journal of the European Communities

L 25/39

COMMISSION REGULATION (EC) No 259/98

of 30 January 1998

laying down detailed rules for the export of products supplied as Community
food aid

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of the
market in cereals (1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Articles
9(2) and 13(11) thereof, and to the corresponding provi-
sions of the other Regulations on the common organisa-
tion of the markets in agricultural products,

Whereas, for the purposes of applying Council Regula-
tion (EC) No 1292/96 of 27 June 1996 on food-aid policy
and food-aid management and special operations in
support of food security (3), new general rules for the
mobilisation of products to be supplied as Community
food aid have been laid down by Commission Regulation
(EC) No 2519/97 (4);

the aforementioned new rules

Whereas
imply the
application of export refunds in the case of mobilisation
in the Community; whereas, however, by way of deroga-
tion from Commission Regulation (EEC) No 3665/87 of
27 November 1987 laying down common detailed rules
for the application of the system of export refunds on
agricultural products (5), as last amended by Regulation
(EC) No 2114/97 (6), special rules should be laid down as
regards certain aspects; whereas, in particular in order to
ensure that the conditions of competition that applied in
respect of the supply operation at the time of submission
of tenders are not changed subsequent to the award of
contracts as the result of the application of certain tech-
niques for adjusting the export refunds according to the
date of export, provision should be made to waive certain
provisions applicable to trade in agricultural products and
to grant an export refund that is fixed and published
prior to the deadline for submission of tenders and that
remains unaltered irrespective of
the actual date of
export;

Whereas Commission Regulation (EEC) No 1068/93 of
30 April 1993 on detailed rules for determining and
applying the agricultural conversion rates (7), as
last
amended by Regulation (EC) No 1482/96 (8), establishes
the operative events for the agricultural conversion rates,
in particular that applicable to the refunds;

Whereas,
in order to ensure that the abovementioned
rules are applied correctly, administrative provisions
relating to export licences should be laid down by way of
derogation from Commission Regulation (EEC) No 3719/
88 of 16 November 1988 laying down common detailed
rules for the application of the system of import and
export licences and advance fixing certificates for agricul-
tural products (9), as last amended by Regulation (EC) No
1404/97 (10); whereas, for this purpose, the delivery guar-
antee lodged by the successful tenderer for the food aid
operation to ensure he meets his obligations as regards
the supply in accordance with Article 10 of Regulation
(EC) No 2519/97 should be considered sufficient to also
ensure compliance with the obligations resulting from
the licences;

Whereas the supply operations carried out pursuant to
Regulation (EC) No 2519/97 are considered as food aid
within the meaning of Article 10(4) of the Agreement on
Agriculture in the framework of the Uruguay Round;
whereas these operations should be closely monitored by
the Commission;

Whereas export refunds for Community food aid shall
only be paid for quantities exported in accordance with
Regulation (EEC) No 3665/87 and taken over in accord-
ance with Regulation (EC) No 2519/97;

Whereas Commission Regulation (EEC) No 2330/87 (11),
as last amended by Regulation (EEC) No 2226/89 (12), lays
down detailed rules for the export of products supplied as
Community food aid; whereas in order to make the
necessary changes and for reasons of clarity and adminis-
trative efficiency Regulation (EEC) No 2330/87 should be
replaced;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of the relevant manage-
ment committees,

(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 166, 5. 7. 1996, p. 1.
(4) OJ L 346, 17. 12. 1997, p. 23.
(5) OJ L 351, 14. 12. 1987, p. 1.
(6) OJ L 295, 29. 10. 1997, p. 2.

(7) OJ L 108, 1. 5. 1993, p. 106.
(8) OJ L 188, 27. 7. 1996, p. 22.
(9) OJ L 331, 2. 12. 1988, p. 1.
(10) OJ L 194, 23. 7. 1997, p. 5.
(11) OJ L 210, 1. 8. 1987, p. 56.
(12) OJ L 214, 25. 7. 1989, p. 10.

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Official Journal of the European Communities

31. 1. 98

HAS ADOPTED THIS REGULATION:

justified request of the successful tenderer (hereinafter
referred to as ‘the supplier').

Article 1

Without prejudice to exceptional provisions adopted by
the Commission for special operations, this Regulation
shall apply to exports of products covered by the regula-
tions on the common organisation of the markets listed
in Article 1 of Regulations (EEC) No 3719/88 and (EEC)
No 3665/87 where they are supplied as Community food
aid pursuant to Regulation (EC) No 1292/96 and mo-
bilised in the Community in accordance with the general
rules of Regulation (EC) No 2519/97.

Article 2

1.
By way of derogation from Article 3(2) of Regulation
(EEC) No 3665/87, the export refund to be paid shall be
that applicable on the date specified in the tender notice
issued by the Commission and laying down the special
conditions under which the food-aid operation is to be
carried out, hereinafter referred to as ‘tender notice'.

In the case of supply ex works or free carrier and
2.
free at port of shipment, the time limit within which the
products have to leave the customs territory of
the
Community, laid down in Articles 4(1) and 32(1) of Regu-
lation (EEC) No 3665/87, shall not apply.

3.
By way of derogation from the provisions laying
down a readjustment of amounts fixed in advance, the
refund referred to in paragraph 1 shall not be subject to
any adjustment or correction.

4.
The refund shall be converted into national currency
by applying the agricultural conversion rate on the day of
acceptance of the export declaration. The conversion rate
valid on the day of application for the licence may be
fixed in advance in accordance with the provisions of
Articles 13 to 17 of Regulation (EEC) No 1068/93.

is

the

that

applicant

2. Applications for licences shall be accompanied by
the
proof
Community food aid. Such proof shall be provided by a
copy of the communication sent to him by the Commis-
sion informing him that he is the supplier of the food aid
in question and, if required by the issuing agency, a copy
of the tender notice.

supplier of

the

Licences shall only be issued if proof is provided that the
delivery guarantee referred to in Article 10 of Regulation
(EC) No 2519/97 has been lodged. The lodging of that
guarantee shall be deemed to constitute the lodging of
the licence security. By way of derogation from Title III
Section 4 of Regulation (EEC) No 3719/88, it shall be
released under the conditions laid down in Article 22 of
Regulation (EC) No 2519/97.

3.
In the document used for the application for refund
as referred to in Article 3(5) of Regulation (EEC) No
3665/87 and, in addition to the requirements of Article
14a of Regulation (EEC) No 3719/88, in section 20 of the
application for licences and the export licence itself, one
of the following entries shall be included:

(cid:190) Ayuda alimentaria comunitaria (cid:190) Acci(cid:155)n no . . . /. .

(cid:190) Fællesskabets fødevarehjælp (cid:190) aktion nr.

. . . /. .

(cid:190) Gemeinschaftliche
Maßnahme Nr.

. . . /. .

Nahrungsmittelhilfe

(cid:190)

(cid:190) Joimotij(cid:147) episitistij(cid:147) bo(cid:147)heia (cid:190) Dq(cid:145)sg aqih. . . . /. .

(cid:190) Community food aid (cid:190) Action No . . . /. .

(cid:190) Aide alimentaire communautaire (cid:190) Action no . . . /. .

(cid:190) Aiuto alimentare comunitario (cid:190) Azione n.

. . . /. .

(cid:190) Communautaire voedselhulp (cid:190) Actie nr.

. . . /. .

(cid:190) Ajuda alimentar comunit(cid:145)ria (cid:190) Ac(cid:135)(cid:209)o nº . . . /. .

(cid:190) Yhteis(cid:148)n elintarvikeapu (cid:190) Toimi N:o . . . /. .

(cid:190) Livsmedelsbist(cid:134)nd fr(cid:134)n gemenskapen (cid:190) Aktion nr

. . . /. .

Article 3

The action number to be indicated is that specified in the
tender notice.

1.
By way of derogation from Article 2a(1) of Regula-
tion (EEC) No 3665/87, the payment of the refund shall
be conditional upon the presentation of an export
licence, comprising advance fixing of the refund referred
to in Article 2(1), applied for to carry out the food-aid
operation concerned.

The licence shall be valid only in respect of the export to
be carried out in this context.

By way of derogation from Article 36 of Regulation (EEC)
No 3719/88, the period of validity of the licence may be
extended by the competent authority at the written and

Article 4

the export

1. Without prejudice to the provisions of Article 2,
refund in connection with
payment of
Community food aid shall be made in accordance with
the provisions of Regulation (EEC) No 3665/87 and, by
way of derogation from Article 16 of that Regulation, on
production of a copy of the taking-over certificate or the
delivery certificate referred to in Article 17(3) and (4) of
Regulation (EC) No 2519/97, certified as a true copy by
the Commission office to which the tenders are sent in
accordance with the tender notice.

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To that end, the supplier shall send a photocopy of the
duty attributed export licence to the Commission office
referred to in the first subparagraph.

2.
The provisions of Article 11(1) of Regulation (EEC)
No 3665/87 shall not apply where the refund requested
is higher than the refund due for the relevant exportation
as a result of circumstances or events beyond the control
of the supplier which occur after the completion of the
supply operation in accordance with Article 12(4), 13(6),
14(10) or 15(4) of Regulation (EC) No 2519/97.

Where the country of destination is changed by the re-
cipient the reduction refered to in the second indent of

Article 20(3)(b) of Regulation (EEC) No 3665/87 shall not
apply.

Article 5

Regulation (EEC) No 2330/87 is hereby repealed.
However, it shall continue to apply to Community food
aid supplies for which the tender notice refers thereto.

Article 6

This Regulation shall enter into force on the seventh 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, 30 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission