Commission Regulation (EC) No 2298/2001 of 26 November 2001 laying down detailed rules for the export of products supplied as food aid
Date: 2001-11-26
Institutions: European Commission
Subjects: agricultural product, export licence, export refund, food aid, invitation to tender

L 308/16

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Official Journal of the European Communities

27.11.2001

COMMISSION REGULATION (EC) No 2298/2001

of 26 November 2001

laying down detailed rules for the export of products supplied as 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 Regulation (EC) No 1666/
2000 (2), and in particular Article 9(2) and Article 13(11)
thereof, and the corresponding provisions of the other Regula-
tions on the common organisation of the markets in agricul-
tural products,

Whereas:

(1)

(2)

For the purpose of applying Council Regulation (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), as amended by Regulation (EC) No
1726/2001 of
the
Council (4), Commission Regulation (EC) No 2519/97 (5)
lays down general rules for the mobilisation of products
to be supplied as Community food aid.

the European Parliament and of

it

The above mobilisation rules involve the application of
export refunds in the event of mobilisation within the
Community. However,
is necessary to lay down
special rules governing certain aspects by derogation
from 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 agricul-
tural products (6), as last amended by Regulation (EC) No
90/2001 (7). To guarantee that the competitive condi-
tions which apply to deliveries at the time of submission
the
tenders are not changed after the award of
of
contracts as a result of the application of certain tech-
niques which can adjust export refunds as a function of
the date of export, provision should be made to waive
certain rules applying to trade in agricultural products
and granting an export refund which is the same for all
tenderers and which remains unaltered regardless of the
actual date of export.

(3)

To guarantee that
the above provisions are applied
correctly, administrative rules relating to export licences
should be laid down which derogate from Commission

Regulation (EC) No 1291/2000 of 9 June 2000 laying
down common detailed rules for the application of the
system of import and export licences and advance fixing
certificates for agricultural products (8), as last amended
by Regulation (EC) No 1095/2001 (9). To that end, the
delivery guarantee lodged by the successful tenderer for
the food-aid operation as an assurance that he meets his
supply obligations in accordance with Article 10 of
Regulation (EC) No 2519/97 should be considered as
sufficient also to guarantee respect of the obligations
deriving from those licences.

(4)

Supplies carried out under Regulation (EC) No 2519/97
are to be considered as food aid within the meaning of
Article 10(4) of the Agreement on Agriculture within
the context of the Uruguay Round.

(5) With regard to national food aid, this Regulation is to
apply solely to aid meeting the conditions laid down in
Article 10(4) of the Agreement on Agriculture within
the context of the Uruguay Round. The same deroga-
tions to Regulations (EC) No 800/1999 and (EC) No
1291/2000 should apply to those operations as apply to
Community food aid.

(6)

(7)

Export refunds for Community food aid are paid only
for quantities exported in compliance with Regulation
(EC) No 800/1999 and only if they are taken over in
compliance with Regulation (EC) No 2519/97.

for

As regards the rate of refund for national food aid, the
rule provided for in Article 13(2) of Commission Regu-
lation (EC) No 174/1999 of 26 January 1999 laying
down special detailed rules
the application of
Council Regulation (EEC) No 804/68 as regards export
licences and export refunds in the case of milk and milk
products (10), as last amended by Regulation (EC) No
1923/2001 (11), and in Article 11(a) of Commission
Regulation (EC) No 1162/95 of 23 May 1995 laying
down special detailed rules for the application of the
system of import and export licences for cereals and
rice (12), as last amended by Regulation (EC) No 409/
2001 (13), whereby the refund applicable is that fixed
and published prior to the submission of tenders, should
be applied.

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 166, 5.7.1996, p. 1.
(4) OJ L 234, 1.9.2001, p. 10.
(5) OJ L 346, 17.12.1997, p. 23.
(6) OJ L 102, 17.4.1999, p. 11.
(7) OJ L 14, 18.1.2001, p. 22.

(8) OJ L 152, 24.6.2000, p. 1.
(9) OJ L 150, 6.6.2001, p. 25.
(10) OJ L 20, 27.1.1999, p. 8.
(11) OJ L 261, 29.9.2001, p. 53.
(12) OJ L 117, 24.5.1995, p. 2.
(13) OJ L 60, 1.3.2001, p. 27.

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Official Journal of the European Communities

L 308/17

(8)

(9)

The adoption of horizontal provisions relating to the
rate of refund applicable to national food-aid actions
means that the existing sectoral provisions should be
deleted.

Commission Regulation (EC) No 259/98 of 30 January
1998 laying down detailed rules for the export of prod-
ucts supplied as Community food aid (1) should be
replaced in order for the necessary changes to be made
and for the purposes of clarity and administrative effi-
ciency.

(10)

The measures provided for in this Regulation are in
accordance with the opinion of all the Management
Committees concerned,

HAS ADOPTED THIS REGULATION:

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 regulations on the
common organisation of the markets listed in Article 1 of
Regulation (EC) No 1291/2000 where the products are
supplied as Community food aid under Regulation (EC) No
1292/96 and mobilised in the Community in accordance with
the general rules of Regulation (EC) No 2519/97.

It shall apply mutatis mutandis where the products referred to in
the preceding paragraph are supplied as national
food aid
implemented by the Member States, subject however to specific
national measures on organising and assigning these opera-
tions.

Article 2

By way of derogation from Article 5(2) of Regulation (EC)
1.
No 800/1999, the export refund to be paid shall be that
applicable on the date specified in the legal instrument laying
down the special conditions under which the Community
food-aid operation is to be carried out (hereinafter referred to
as the ‘tender notice’).

In the case of the national food aid referred to in Article 1, the
applicable refund rate shall be that applying on the day the
Member State opens the invitation to tender for the supply in
question.

2.
In the case of supply ex works or free carrier and free at
port of shipment, the time limit within which the products
must leave the customs territory of the Community, laid down
in the first subparagraph of Article 7(1) and in Article 34(1) of
Regulation (EC) No 800/1999, shall not apply.

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

(1) OJ L 25, 31.1.1998, p. 39.

Article 3

1.
Eligibility for 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 for the export to be carried out in this context.

the period of validity of

By way of derogation from Article 40 of Regulation (EC) No
the licence may be
1291/2000,
extended by the competent authority at the written and justi-
fied request of the successful tenderer (hereinafter referred to as
‘the supplier’).

The export licence shall be valid only for the quantity indicated
in box 17 of the licence and for which the applicant has been
declared the supplier. Box 19 of the licence shall contain the
figure ‘0’.

2.
Applications for licences shall be accompanied by proof
that the applicant is the supplier of the Community food aid.
Such proof shall be provided by a copy of the communication
sent to him by the Commission 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.

Licences shall be issued only 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. The word ‘exempted’ shall accordingly be entered in
box 11 of the licence.

In the document used to apply for the refund as referred
3.
to in Article 5(4) of Regulation (EC) No 800/1999 and,
in
addition to the requirements of Article 16 of Regulation (EC)
No 1291/2000, in box 20 of the application for licences and
the export licence itself, one of the following entries shall be
included:

— Ayuda alimentaria comunitaria — Acción no ..../.. o Ayuda

alimentaria nacional

— Fællesskabets

fødevarehjælp — Aktion nr. ..../..

eller

National fødevarehjælp

— Gemeinschaftliche Nahrungsmittelhilfe — Maßnahme

Nr. ..../.. oder Nationale Nahrungsmittelhilfe

— Κοινοτική επισιτιστική βοήθεια — ∆ράση αριθ. ..../.. ή Εθνική

επισιτιστική βοήθεια

— Community food aid — Action No ..../.. or National food

aid

— Aide alimentaire communautaire — Action no ..../.. ou Aide

alimentaire nationale

— Aiuto alimentare comunitario — Azione n. ..../.. o Aiuto

alimentare nazionale

— Communautaire voedselhulp — Actie nr. ..../.. of Nationale

voedselhulp

— Ajuda alimentar comunitária — Acção n.o ..../.. ou Ajuda

alimentar nacional

— Yhteisön elintarvikeapu — Toimi nro ..../.. tai Kansallinen

elintarvikeapu

— Livsmedelsbistånd från gemenskapen — Aktion nr ..../..

eller Nationellt livsmedelsbistånd.

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Official Journal of the European Communities

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The action number to be indicated is that specified in the
tender notice. In addition, the country of destination shall be
indicated in box 7 of both the licence application and the
licence.

Article 4

1. Without prejudice to the provisions of Article 2, payment
of the export refund in connection with Community food aid
shall be made in accordance with the provisions of Regulation
(EC) No 800/1999 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.

Payment of the refund referred to in Article 2(1) shall be made
in respect of the net quantity accepted which appears in the
taking-over or delivery certificate.

2.
The provisions of Article 51(1) of Regulation (EC) No
800/1999 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(5), Article 13(7), Article 14(11) or
Article 15(5) of Regulation (EC) No 2519/97.

Where the country of destination is changed by the aid benefi-
ciary, the reduction referred to in the second indent of Article
18(3)(b) of Regulation (EC) No 800/1999 shall not apply.

Article 5

Article 13(2) of Regulation (EC) No 174/1999 and Article 11(a)
of Regulation (EC) No 1162/95 are hereby deleted.

Article 6

Regulation (EC) No 259/98 is hereby repealed. However,
it
shall continue to apply to Community food-aid supplies for
which the tender notice was published before the date of entry
into force of this Regulation.

Article 7

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

It shall apply to Community food-aid supplies for which the
tender notice was published on or after the date of entry into
force of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 November 2001.

For the Commission

Franz FISCHLER

Member of the Commission