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
Date: 1999-09-20
Institutions: European Commission
Subjects: ACP countries, award of contract, common wheat, export refund, export tax

21. 9. 1999

EN

Official Journal of the European Communities

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 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
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, with a view to supplying the markets of the
ACP countries, favoured partners of the Community,
significant quantities of common wheat are required for
the 1999/2000 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
is therefore necessary to issue a
period; whereas it
specific invitation to tender to ensure that users in
certain ACP States have access to common wheat under
conditions 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 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
may be ensured by requiring tenderers to lodge a
tendering security of EUR 12 per tonne when they
submit their tenders;

(3) 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;

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

(5) 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

1127/1999 (6), provision should be made for the release
for consumption in the ACP State(s) laid down in this
Regulation;

(6) 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

Tenders shall be invited for the export refund and/or
tax concerning common wheat, as provided for in

1.
export
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.

3.
The invitation shall remain open until 25 May 2000.
During this period weekly awards shall be made, for which the
quantities and the time limits for the submission 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 EUR 12 per tonne.

Article 4

subsidiary in the said country,

Tenders shall only be admissible if:

1.
— the tenderer provides written proof from an official body in
the ACP country of destination or a company having its
overseas
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 of the groups of ACP states
listed in Annex I. That contract may cover only those
deliveries to be made during the 1999/2000 marketing year
for quantities traditionally supplied; such proof shall be
lodged with the competent authorities at least two working
invitation to tender
days before the date of the partial
against which the tender is to be submitted,

(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.

— they are accompanied by an application for an export

licence for the destination in question.

(6) OJ L 135, 29.5.1999, p. 48.

L 248/20

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Official Journal of the European Communities

21. 9. 1999

The proof provided for in the first indent shall also indicate the
quality provided for in the contract, the time limit for delivery
and the price terms.

their period of validity, be deemed to have been issued on the
day on which the tender was submitted.

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.

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

inform the Commission of

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 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

2.
successful tenderers have been selected.

licences shall be issued as soon as the

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 EUR 20 per tonne,
lodged upon issue of the
export licence.

The amount of EUR 20 per tonne must be released within 15
working days of the date on which the successful tenderer
supplies proof of entry for consumption into the ACP State or
States referred to in Article 1(2). This proof shall be supplied in
accordance with Articles 16 and 49 of Commission Regulation
(EC) No 800/1999 (1).

Article 7

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

The Commission shall decide, pursuant to the procedures

1.
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 are
equal to or lower than the maximum refund, as well as to the
tenderer 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 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 invitation 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 cor-
respond to Belgian time.

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 determining

Article 11

(1) OJ L 102, 17.4.1999, p. 11.

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities.

21. 9. 1999

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Official Journal of the European Communities

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

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 Principe
Gabon
Congo
Democratie Republic of Congo
Rwanda
Burundi
Burkina Faso

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

L 248/22

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Official Journal of the European Communities

21. 9. 1999

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

Number
of tenderer

Quantity
in tonnes

A

B

Amount
of export tax
in EUR per tonne

Amount
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:

— Telex:

— 295 25 15,
— 296 49 56.

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