CELEX: 32000R2014
Language: en
Date: 2000-09-25 00:00:00
Title: Commission Regulation (EC) No 2014/2000 of 25 September 2000 opening an invitation to tender for the refund for the export of common wheat to certain ACP States

26.9.2000               EN                    Official Journal of the European Communities                                        L 241/23
                                         COMMISSION REGULATION (EC) No 2014/2000
                                                         of 25 September 2000
               opening an invitation to tender for the refund for the export of common wheat to certain ACP
                                                                   States
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                               (6)     The measures provided for in this Regulation are in
                                                                                  accordance with the opinion of the Management
Having regard to the Treaty establishing the European                             Committee for Cereals,
Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in                     HAS ADOPTED THIS REGULATION:
cereals (1), as last amended by Commission Regulation (EC) No
1666/2000 (2),                                                                                         Article 1
Having regard to Commission Regulation (EC) No 1501/95 of                 1.     Tenders shall be invited for the export refund concerning
29 June 1995 laying down certain detailed rules for the                   common wheat, as provided for in Article 4 of Regulation (EC)
application of Council Regulation (EEC) No 1766/92 on the                 No 1501/95.
granting of export refunds on cereals and the measures to be
taken in the event of disturbance on the market for cereals (3),          2.     The common wheat must be exported to an ACP State or
as last amended by Regulation (EC) No 2513/98 (4), and in                 to several States within one of the groups of ACP States listed
particular Article 4 thereof,                                             in Annex I.
Whereas:                                                                  3.     The invitation shall remain open until 17 May 2001.
                                                                          During this period weekly awards shall be made, for which the
(1)     With a view to supplying the markets of the ACP coun-             quantities and the time limits for the submission of tenders
        tries, favoured partners of the Community, significant            shall be as prescribed in the notice of invitation to tender.
        quantities of common wheat are required for the 2000/
        2001 marketing year. These markets are usually supplied
        on the basis of regular contracts to ensure stable prices                                      Article 2
        for the ACP countries over a certain period. It is there-
        fore necessary to issue a specific invitation to tender to        A tender shall be valid only if it relates to an amount of not
        ensure that users in certain ACP States have access to            less than 1 000 tonnes for the ACP States listed in Annex I.
        common wheat under conditions appropriate to the
        highly competitive situation on the world market.                                              Article 3
(2)     The detailed procedural rules governing invitations to            The security referred to in Article 5(3a) of Regulation (EC) No
        tender as regards the fixing of the export refund are laid        1501/95 shall be EUR 12 per tonne.
        down in Regulation (EC) No 1501/95. The commit-
        ments on the part of the tenderer include an obligation
        to lodge an application for an export licence. Compli-                                         Article 4
        ance with this obligation may be ensured by requiring
        tenderers to lodge a tendering security of EUR 12 per             1.     Tenders shall only be admissible if:
        tonne when they submit their tenders.                             — the tenderer provides written proof from an official body in
                                                                              the ACP country of destination or a company having its
(3)     In order to ensure the smooth operation of the export                 overseas subsidiary in the said country, that he has
        tendering procedure it is appropriate to prescribe a                  concluded for the quantity in question a commercial supply
        minimum quantity to be tendered for and a time limit                  contract for common wheat for export to an ACP State or
        and form for the communication of tenders submitted                   to several States within one of the groups of ACP States
        to the competent authorities.                                         listed in Annex I. That contract may cover only those
                                                                              deliveries to be made during the 2000/2001 marketing year
(4)     Provision should be made for a security lodgement                     for quantities traditionally supplied; such proof shall be
        scheme which ensures that the aims are met while                      lodged with the competent authorities at least two working
        avoiding excessive costs for the operators.                           days before the date of the partial invitation to tender
                                                                              against which the tender is to be submitted,
(5)     In addition to the conditions laid down in Article 32 of          — they are accompanied by an application for an export
        Commission Regulation (EC) No 1291/2000 (5), provi-                   licence for the destination in question.
        sion should be made for the release for consumption in
        the ACP State(s) laid down in this Regulation.                    The proof provided for in the first indent shall also indicate the
                                                                          quality provided for in the contract, the time limit for delivery
(1) OJ L  181,  1.7.1992, p. 21.                                          and the price terms.
(2) OJ L  193,  29.7.2000, p. 1.
(3) OJ L  147,  30.6.1995, p. 7.
(4) OJ L  313,  21.11.1998, p. 16.                                        The Member State shall send the Commission a copy of the
(5) OJ L  152,  24.6.2000, p. 1.                                          said proof forthwith, for information.
 ---pagebreak--- L 241/24              EN                       Official Journal of the European Communities                                      26.9.2000
2.     Tenders may not exceed the quantity laid down in the               their period of validity, be deemed to have been issued on the
commercial contract submitted. The tenderers may not submit               day on which the tender was submitted.
simultaneously several bids on the basis of the same contract.
                                                                          2.    Export licences issued in connection with the invitations
When transmitting the tenders submitted, the Member States                to tender pursuant to this Regulation shall be valid from their
shall inform the Commission of the above, mentioning if                   date of issue, as defined in paragraph 1, until the end of the
necessary the names of the tenderers involved.                            sixth month following that of issue.
                              Article 5                                                                  Article 8
1.     The licence obliges the operator to export to the ACP              1.    The Commission shall decide, pursuant to the procedures
State or States for which the licence application was submitted.          laid down in Article 23 of Regulation (EEC) No 1766/92:
However, for ACP States and up to a limit of 30 % of the                  — to fix a maximum export refund, taking account in partic-
quantity for which the licence was issued, the operator may                   ular of the criteria laid down in Article 1 of Regulation (EC)
effect his contract at another destination on condition that it               No 1501/95, or
belongs to the same group of countries listed in Annex I.                 — to make no award.
2.     The export licences shall be issued as soon as the                 2.    Where a maximum export refund is fixed, the contract
successful tenderers have been selected.                                  shall be awarded to the tenderer or tenderers whose bids are
3.     Article 9 of Regulation (EC) No 1291/2000 notwith-                 equal to or lower than the maximum refund.
standing, the rights deriving from the licence referred to in this
Article shall not be transferable.                                                                       Article 9
                                                                          Tenders submitted must reach the Commission through the
                              Article 6                                   intermediary Member States, at the latest one and a half hours
                                                                          after expiry of the period for the weekly submission of tenders
The obligation to export and import into one of the countries
                                                                          as specified in the notice of invitation to tender. They must be
of destination listed in Annex I shall be covered by a security
                                                                          communicated in the form indicated in Annex II, to the telex
amounting to EUR 20 per tonne, lodged on issue of the export
                                                                          or fax numbers in Annex III.
licence.
                                                                          If no tenders are received, Member States shall inform the
The amount of EUR 20 per tonne must be released within 15                 Commission of this within the time limit indicated in the
working days of the date on which the successful tenderer                 preceding paragraph.
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                                             Article 10
(EC) No 800/1999 (1).                                                     The time limits fixed for the submission of tenders shall corre-
                                                                          spond to Belgian time.
                              Article 7
                                                                                                        Article 11
1.     Notwithstanding Article 23(1) of Regulation (EC) No
1291/2000, export licences issued under Article 8(1) of Regu-             This Regulation shall enter into force on the day following its
lation (EC) No 1501/95 shall, for the purpose of determining              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, 25 September 2000.
                                                                                       For the Commission
                                                                                         Franz FISCHLER
                                                                                   Member of the Commission
(1) OJ L 102, 17.4.1999, p. 11.
 ---pagebreak--- 26.9.2000          EN                       Official Journal of the European Communities                                   L 241/25
                                                                  ANNEX I
                                     Groups of ACP States signatories to the Lomé Convention
                         Group I                                    Group II                                  Group III
          Mauritania                                Chad                                      Seychelles
          Mali                                      Central African Republic                  Comoros
          Niger                                     Benin                                     Madagascar
          Senegal                                   Cameroon                                  Mauritius
          Gambia                                    Equatorial Guinea                         Angola
          Guinea-Bissau                             São Tomé and Principe                     Zambia
          Guinea                                    Gabon                                     Malawi
          Cape Verde                                Congo                                     Mozambique
          Sierra Leone                              Democratic Republic of Congo              Namibia
          Liberia                                   Rwanda                                    Botswana
          Côte-d'Ivoire                             Burundi                                   Zimbabwe
          Ghana                                     Burkina Faso                              Lesotho
          Togo                                                                                Swaziland
                                                                                              Djibouti
                                                                                              Ethiopia
                                                                                              Eritrea
                                                                  ANNEX II
                        Weekly tender for the refund for the export of common wheat to certain ACP States
                                                      (Regulation (EC) No 2014/2000)
                                            Closing date for the submission of tenders (date/time)
                             1                                         2                                         3
                                                                                                              Amount
                         Number                                    Quantity
                                                                                                          of export refund
                        of tenderer                                in tonnes
                                                                                                         in EUR per tonne
                             1
                             2
                             3
                            etc.
                                                                  ANNEX III
          The only numbers to use to call Brussels [DG AGRI/C/1] are:
          — Fax:                    — (02) 295 25 15,
                                    — (02) 296 49 56,
          — Telex:                  — 22037 AGREC B,
                                    — 22070 AGREC B (Greek characters).