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
Date: 1998-09-21
Institutions: European Commission
Subjects: common wheat, export, export refund, export tax, third country

L 258/8

EN

Official Journal of the European Communities

22. 9. 98

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 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 Commission Regulation (EC) No 2004/98 (5)
opens an invitation to tender relating to the export of
common wheat to certain ACP States; whereas the des-
tinations laid down in Commission Regulation (EC) No
1079/98 (6) should therefore be amended;

Whereas 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 (7), as last amended by Regulation
(EC) No 604/98 (8), requires that, where refunds vary
according to destination, payment of the refund be made
conditional inter alia on presentation of proof that the
product has been imported in its unaltered state into the
third country or into one of the third countries for which
the refund applies; whereas that proof is required under
the invitation to tender opened by Regulation (EC)
No 2004/98 for exports of common wheat to certain
ACP States; whereas exports to other third countries
under 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 third
countries, proof of arrival should not be required; whereas
certificates drawn up by the competent authorities of the
Member States stating that the products have left the

(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.

territory of the Community on board a vessel suitable for
sea transport may be considered to provide a sufficient
guarantee;

Whereas the measures provided for in this Regulation are
the Management
in accordance with the opinion of
Committee 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 ACP
States listed in Annex III.';

3. the following Article 4a is added after Article 4:

‘Article 4a

Notwithstanding Article 18 of Commission Regulation
(EEC) No 3665/87 (*), proof of completion of customs
formalilties for release for consumption shall not be
required for payment of refunds fixed in a contract
awarded under this tender, in so far as the operator
provides proof that a quantity of at leat 1 500 tonnes of
cereal product have left the customs territory of the
Community 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 certain
ACP States.';

5. the following Annex III is added:

22. 9. 98

EN

Official Journal of the European Communities

L 258/9

Groups of ACP States signatories to the Lom(cid:130) Convention

‘ANNEX III

Group I

Group II

Group III

Mauritania
Mali
Niger
Senegal
Gambia
Guinea Bissau
Guinea
Cape Verde
Sierra Leone
Liberia
C(cid:147)te-d’Ivoire
Ghana
Togo

Chad
Central African Republic
Benin
Cameroon
Equatorial Guinea
S(cid:209)o Tom(cid:130) and Pr(cid:146)ncipe
Gabon
Congo
Democratic Republic of
Congo
Rwanda
Burundi
Burkina Faso

Article 2

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

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