Commission Regulation (EC) No 2004/98 of 21 September 1998 opening an invitation to tender for the refund or the tax for the export of common wheat to certain ACP States
Date: 1998-09-21
Institutions: European Commission
Subjects: ACP countries, award of contract, common wheat, export refund, export tax

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Official Journal of the European Communities

22. 9. 98

COMMISSION REGULATION (EC) No 2004/98

of 21 September 1998

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 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),

Having regard to Commission Regulation (EC) No 1501/
95 of 29 June 1995 laying down certain detailed rules for
the application of Council Regulation (EEC) No 1766/92
on the granting of export refunds on cereals and the
measures to be taken in the event of disturbance on the
market for cereals (3), as last amended by Regulation (EC)
No 2052/97 (4), and in particular Article 4 thereof,

Whereas, with a view to supplying the markets of the
ACP countries,
the Community,
favoured partners of
significant quantities of common wheat are required for
the 1998/99 marketing year; whereas these markets are
usually supplied on the basis of regular contracts to
ensure stable prices for the ACP countries over a certain
period; whereas it is therefore necessary to issue a specific
invitation to tender to ensure that users in certain ACP
States have access to common wheat under conditions
appropriate to the highly competitive situation on the
world market;

Whereas the detailed procedural rules governing invita-
tions to tender are as regards the fixing of the export
refund, or export tax in Regulation (EC) No 1501/95;
whereas the commitments on the part of the tenderer
include an obligation to lodge an application for an
export licence; whereas compliance with this obligation
to lodge a
may be ensured by requiring tenderers
tendering security of ECU 12 per tonne when they
submit their tenders;

Whereas, in order to ensure the smooth operation of the
export tendering procedure it is appropriate to prescribe a
minimum quantity to be tendered for and a time limit
and form for the communication of tenders submitted to
the competent authorities;

Whereas provision should be made for a security lodg-
ment scheme which ensures that the aims are met while
avoiding excessive costs for the operators;

(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.

Whereas,
in addition to the conditions laid down in
Article 30 of Commission Regulation (EEC) No 3719/
88 (5), as last amended by Regulation (EC) No 1044/98 (6),
provision should be made for the release for consumption
in the ACP State(s) laid down in this Regulation;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee 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 in
Article 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 listed in Annex I.

The invitation shall remain open until 25 February
3.
1999. During this period weekly awards shall be made, for
which the quantities and the time limits for the submis-
sion of tenders shall 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 ECU 12 per tonne.

Article 4

Tenders shall only be admissible if:

1.
(cid:190) the tenderer provides written proof from an official
body in the ACP country of destination or a company
having its overseas subsidiary in the said country, that
he has concluded for the quantity in question a
commercial supply contract for common wheat for
export to an ACP State or to several States within one

(5) OJ L 331, 2. 12. 1988, p. 1.
(6) OJ L 149, 20. 5. 1998, p. 11.

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of the groups of ACP states listed in Annex I. That
contract may cover only those deliveries to be made
during 1998/99 marketing year for quantities tradi-
tionally supplied; such proof shall be lodged with the
competent authorities at least two working days before
the date of the partial
invitation to tender against
which the tender is to be submitted,

(cid:190) they are accompanied by an application for an export

licence for the destination in question.

The proof provided for in the first indent shall also in-
dicate the quality provided for in the contract, the time
limit for delivery and 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 submit simultaneously several bids on the basis of the
same contract.

shall

When transmitting the tenders submitted, the Member
the above,
States
inform the Commission of
the tenderers
mentioning if necessary the names of
involved.

Article 5

The licence obliges the operator to export to the
1.
ACP State or States for which the licence application was
submitted. However, for ACP States and up to a limit of
30 % of the quantity for which the licence was issued, the
operator may effect his contract at another destination on
condition that it belongs to the same group of countries
listed in Annex I.

The export licences shall be issued as soon as the

2.
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 this Article 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 security amounting to ECU 20 per tonne, lodged
upon issue of the export licence.

The amount of ECU 20 per tonne must be released
within 15 working days of
the date on which the
successful tenderer supplies proof of entry for consump-
tion into the ACP State or States referred to in Article
1(2). This proof shall be supplied in accordance with
Articles 18 and 47 of Commission Regulation (EEC) No
3665/87 (1).

Article 7

1. Notwithstanding Article 21(1) of Regulation (EEC)
No 3719/88, export licences issued under Article 8(1) of
Regulation (EC) No 1501/95 shall, for the purpose of
determining their period of validity, be deemed to have

been issued on the day on which the tender was
submitted.

2.
Subject to the provisions of Article 1 of Commission
Regulation (EC) No 1521/94 (2) export licences issued in
connection with the invitations to tender pursuant to this
Regulation shall be valid from their date of issue, as
defined in paragraph 1, until the end of the sixth month
following that of issue.

Article 8

1.
The Commission shall decide, pursuant to the pro-
cedures laid down in Article 23 of Regulation (EEC) No
1766/92:
(cid:190) to fix a maximum export refund, taking account in
particular of the criteria laid down in Article 1 of
Regulation (EC) No 1501/95, or

(cid:190) to fix a minimum export tax, taking into account in
particular the criteria laid down in Article 1 of Regula-
tion (EC) No 1501/95, or

(cid:190) to make no award.

2. Where a maximum export
the
contract shall be awarded to the tenderer or tenderers
whose bids are equal to or lower than the maximum
refund, as well as to the tenderer or tenderers whose bid
relates to an export tax.

refund is fixed,

3. Where a minimum export tax is fixed, a contract
shall be awarded to any tenderer whose tender indicates a
rate of tax equal 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 hours after expiry of
the period for the weekly
submission of tenders as specified in the notice of invita-
tion to tender. They must be communicated in the form
indicated in Annex II, to the telex or fax numbers in
Annex III.

If no tenders are received, Member States shall inform the
Commission of this within the time limit indicated in the
preceding paragraph.

Article 10

The time limits fixed for the submission of tenders shall
correspond 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 351, 14. 12. 1987, p. 1.

(2) OJ L 162, 30. 6. 1994, p. 47.

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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

ANNEX I

Groups of ACP States signatories to the Lomé Convention

Group I

Group II

Group III

Mauritania
Mali
Niger
Senegal
Gambia
Guinea-Bissau
Guinea
Cape Verde
Sierra Leone
Liberia
Côte-d’Ivoire
Ghana
Togo

Chad
Central African Republic
Benin
Cameroon
Equatorial Guinea
São Tomé and Príncipe
Gabon
Congo
Democratic Republic of Congo
Rwanda
Burundi
Burkina Faso

Seychelles
Comoros
Madagascar
Mauritius
Angola
Zambia
Malawi
Mozambique
Namibia
Botswana
Zimbabwe
Lesotho
Swaziland
Djibouti
Ethiopia
Eritrea

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Weekly tender for the refund or the tax for the export of common wheat to certain ACP-States

ANNEX II

(Regulation (EC) No 2004/98)

Closing date for the submission of tenders (date/time)

1

2

3

Number
of tenderer

Quantity
in tonnes

A

B

Amount
of export tax
in ECU per tonne

Amount
of export refund
in ECU per tonne

1

2

3

etc.

ANNEX III

The only numbers to use to call Brussels (DG VI-C-1) are:
(cid:190) fax:

295 25 15,
296 49 56,

(cid:190) telex:

22037 AGREC B,
22070 AGREC B (Greek characters).