Commission Regulation (EC) No 2011/1999 of 20 September 1999 amending Regulation (EC) No 1707/1999 opening an invitation to tender for the refund or the tax for the export of common wheat to all third countries
Date: 1999-09-20
Institutions: European Commission
Subjects: award of contract, common wheat, export refund, export tax, third country

21. 9. 1999

EN

Official Journal of the European Communities

L 248/23

COMMISSION REGULATION (EC) No 2011/1999

of 20 September 1999

amending Regulation (EC) No 1707/1999 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 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 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 2513/98 (4), and in
particular Article 4 thereof,

(1) Whereas Commission Regulation (EC) No 2010/
1999 (5), opens an invitation to tender relating to the
export of common wheat to certain ACP States; whereas
the destinations laid down in Commission Regulation
(EC) No 1707/1999 (6) should therefore be amended;

(2) Whereas Commission Regulation (EC) No 800/1999 of
15 April 1999 laying down common detailed rules for
the application of the system of export refunds on agri-
cultural products (7) 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 2010/1999 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 1707/1999 are carried out under less favourable
conditions; 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
the
competent authorities of the Member States stating that

drawn up by

certificates

(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) See page 19 of this Official Journal.
(6) OJ L 201, 31.7.1999, p. 55.
(7) OJ L 102, 17.4.1999, p. 11.

the products have left the territory of the Community on
board a vessel suitable for sea treansport may be consid-
ered to provide a sufficient guarantee;

(3) 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

Regulation (EC) No 1707/1999 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 countries 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 16 of Commission Regulation (EC)
No 800/1999 (*), proof of completion of customs formali-
ties 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 least 1 500 tonnes of cereal product have left
the customs territory of the Community on board a vessel
suitable for sea transport.

(*) OJ L 102, 17.4.1999, p. 11.’;

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:

L 248/24

EN

Official Journal of the European Communities

21. 9. 1999

‘ANNEX III

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
Comores
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.

Article 2

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