CELEX: 31997R1883
Language: en
Date: 1997-09-26 00:00:00
Title: COMMISSION REGULATION (EC) No 1883/97 of 26 September 1997 opening an invitation to tender for the refund or the tax for the export of common wheat to Ceuta, Melilla and certain ACP States

27. 9 . 97            I EN I            Official Journal of the European Communities                                  L 265/69
                                      COMMISSION REGULATION (EC) No 1883/97
                                                     of 26 September 1997
                    opening an invitation to tender for the refund or the tax for the export of
                                 common wheat to Ceuta, Melilla and certain ACP States
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       3719/88        as last amended by Regulation (EC) No
                                                                  1404/97 (6), provision should be made for the release for
Having regard to the Treaty establishing the European             consumption in Ceuta, Melilla or the ACP State(s) laid
Community,                                                        down in this Regulation;
Having regard to Council Regulation (EEC) No 1766/92              Whereas the measures provided for in this Regulation are
of 30 June 1992 on the common organization of the                 in accordance with the opinion of the Management
market in cereals ('), as last amended by Commission              Committee for Cereals,
Regulation (EC) No 923/96 (2),
Having     regard to Commission Regulation (EC) No
                                                                  HAS ADOPTED THIS REGULATION :
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                                      Article 1
the market for cereals (3), as last amended by Regulation
(EC) No 1259/97 (4), and in particular Article 4 thereof,          1 . Tenders shall be invited for the export refund and/or
                                                                  export tax concerning common wheat, as provided for in
Whereas, with a view to supplying the markets of the              Article 4 of Regulation (EC) No 1501 /95 .
ACP countries, favoured partners of the Community, and
the markets of Ceuta and Melilla, significant quantities of        2.    The common wheat must be exported to Ceuta,
                                                                   Melilla, to an ACP State or to several States within one of
common wheat are required; whereas these markets are
                                                                   the groups of ACP States listed in Annex I.
usually supplied on the basis of regular contracts to
ensure stable prices for Ceuta, Melilla and the ACP coun­
                                                                   3 . The invitation shall remain open until 18 December
tries over a certain period; whereas it is therefore neces­
                                                                   1997. During this period weekly awards shall be made, for
sary to issue a specific invitation to tender to ensure that       which the quantities and the time limits for the submis­
users in Ceuta, Melilla and certain ACP States have access
                                                                   sion of tenders shall be as prescribed in the notice of invi­
to common wheat under conditions appropriate to the                tation to tender.
highly competitive situation on the world market;
Whereas the detailed procedural rules governing invita­                                       Article 2
tions to tender are as regards the fixing of the export
refund, or export tax in Regulation (EC) No 1501 /95;              A tender shall be valid only if it relates to an amount of
whereas the commitments on the part of the tenderer                not less than 500 tonnes for Ceuta and Melilla, or not less
include an obligation to lodge an application for an               than 1 000 tonnes for the ACP States listed in Annex I.
export licence; whereas compliance with this obligation
 may be ensured by requiring tenderers to lodge a
 tendering security of ECU 12 per tonne when they                                             Article 3
 submit their tenders;
                                                                   The security referred to in Article 5 (3a) of Regulation
Whereas, in order to ensure the smooth operation of the            (EC) No 1501 /95 shall be ECU 12 per tonne .
 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                                       Article 4
 the competent authorities;
                                                                    1.    Tenders shall only be admissible if:
 Whereas provision should be made for a security lodg­
 ment scheme which ensures that the aims are met while             — the tenderer provides written proof from an official
 avoiding excessive costs for the operators;                            body in Ceuta, Melilla or in the ACP country of
                                                                        destination or a company having its overseas subsi­
 Whereas, in addition to the conditions laid down in                    diary in Ceuta, Melilla or the said country, that he has
 Article    30    of    Commission    Regulation   (EEC)   No           concluded for the quantity in question a commercial
                                                                        supply contract for common wheat for export to
                                                                        Ceuta, Melilla, to an ACP State or to several States
 (') 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.                               (5) OJ L 331 , 2. 12. 1988 , p. 1 .
  4  OJ  L 174,  2. 7. 1997, p. 10 .                                (j OJ L 194, 23. 7. 1997, p. 5.
 ---pagebreak--- L 265/70            I EN I            Official Journal of the European Communities                                    27. 9 . 97
    within one of the groups of ACP states listed in            Regulation (EC) No 1501 /95 shall, for the purpose of
    Annex I. That contract may cover only those                 determining their period of validity, be deemed to have
    deliveries to be made during the period October 1997        been issued on the day on which the tender was
    to February 1998 for quantities traditionally supplied;     submitted .
    such proof shall be lodged with the competent
    authorities at least two working days before the date of    2. Subject to the provisions of Article 1 of Commission
    the partial invitation to tender against which the          Regulation (EC) No 1521 /94 (2) export licences issued in
    tender is to be submitted,                                  connection with the invitations to tender pursuant to this
                                                                Regulation shall be valid from their date of issue, as
— they are accompanied by an application for an export          defined in paragraph 1 , until the end of the fourth month
    licence for the destination in question .                   following that of issue .
The proof provided for in the first indent shall also
indicate the quality provided for in the contract, the time                                  Article 8
limit for delivery and the price terms.
The Member State shall send the Commission a copy of
                                                                1 . The Commission shall decide, pursuant to the
the said proof forthwith, for information .                     procedures laid down in Article 23 of Regulation (EEC)
                                                                No 1766/92 :
2. Tenders may not exceed the quantity laid down in             — to fix a maximum export refund, taking account in
the commercial contract submitted. The tenderers may                  particular of the criteria laid down in Article 1 of
not submit simultaneously several bids on the basis of the            Regulation (EC) No 1501 /95, or
same contract .
                                                                — to fix a minimum export tax, taking into account in
When transmitting the tenders submitted, the Member                   particular the criteria laid down in Article 1 of Regula­
States shall inform the Commission of the above,                      tion (EC) No 1501 /95, or
mentioning if necessary the names of the tenderers
involved .                                                      — to make no award .
                                                                2.      Where a maximum export refund is fixed, the
                           Article 5                            contract shall be awarded to the tenderer or tenderers
                                                                whose bids are equal to or lower than the maximum
1.    The licence obliges the operator to export to Ceuta,      refund, as well as to the tenderer or tenderers whose bid
Melilla or the ACP State or States for which the licence
                                                                relates to an export tax.
application was submitted. However, for ACP States and
up to a limit of 30 % of the quantity for which the             3 . Where a minimum export tax is fixed, a contract
licence was issued, the operator may effect his contract at     shall be awarded to any tenderer whose tender indicates a
another destination on condition that it belongs to the         rate of tax equal to or more than such minimum export
same group of countries listed in Annex I.                      tax .
2.    The export licences shall be issued as soon as the
successful tenderers have been selected .                                                    Article 9
3 . Article 9 of Regulation (EEC) No 3719/88 notwith­           Tenders submitted must reach the Commission through
standing, the rights deriving from the licence referred to      the intermediary Member States, at the latest one and a
in this Article shall not be transferable .                     half hours after expiry of the period for the weekly
                                                                submission of tenders as specified in the notice of invita­
                           Article 6                            tion to tender. They must be communicated in the form
                                                                indicated in Annex II, to the telex or fax numbers in
The obligation to export and import into Ceuta, Melilla or      Annex III .
one of the countries of destination listed in Annex I shall
be covered by a security amounting to ECU 20 per tonne,         If no tenders are received, Member States shall inform the
lodged upon issue of the export licence .                       Commission of this within the time limit indicated in the
                                                                preceding paragraph .
The amount of ECU 20 per tonne must be released
within 15 working days of the date on which the
successful tenderer supplies proof of entry for consump­                                     Article 10
tion into Ceuta, Melilla or the ACP State or States referred
                                                                The time limits fixed for the submission of tenders shall
to in Article 1 (2). This proof shall be supplied in
accordance with Articles 18 and 47 of Commission Regu­          correspond to Belgian time .
lation (EEC) No 3665/87 (').
                                                                                             Article 11
                           Article 7
                                                                This Regulation shall enter into force on the day
1 . Notwithstanding Article 21 ( 1 ) of Regulation (EEC)        following its publication in the Official Journal of the
No 3719/88 , export licences issued under Article 8 ( 1 ) of    European Communities.
(' OJ L 351 , 14. 12. 1987, p. 1 .                              0 OJ L 162, 30 . 6. 1994, p. 47.
 ---pagebreak--- 27. 9 . 97         I EN I            Official Journal of the European Communities                       L 265/71
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 26 September 1997.
                                                                          For the Commission
                                                                             Franz FISCHLER
                                                                        Member of the Commission
                                                          ANNEX I
                                Groups of ACP States signatories to the Lome Convention
                           Group I                          Group II                       Group III
             Mauritania                         Chad                            Seychelles
             Mali                               Central African Republic        Comoros
             Niger                              Benin                           Madagascar
             Senegal                            Cameroon                        Mauritius
             Burkina Faso                       Equatorial Guinea               Angola
             Gambia                             São Tomé and Principe           Zambia
             Guinea-Bissau                      Gabon                           Malawi
             Guinea                             Congo                           Mozambique
             Cape Verde                         Democratic Republic of Congo    Namibia
             Sierra Leone                       Rwanda                          Botswana
             Liberia                            Burundi                         Zimbabwe
             Côte d'Ivoire                                                      Lesotho
             Ghana                                                              Swaziland
             Togo                                                               Djibouti
                                                                                Ethiopia
                                                                                Eritrea
           \                                  I
 ---pagebreak--- L 265/72  | EN I             Official Journal of the European Communities                            27 . 9 . 97
                                                   ANNEX II
         Weekly tender for the refund or the tax for the export of common wheat to Ceuta, Melilla
                                           and certain ACP-States
                                         (Regulation (EC) No 1883/97)
                            Closing date for the submission of tenders (date/time)
                     1                     2                                   3
                                                                   A                       B
                  Number                Quantity
                of tenderer            in tonnes                 Amount                 Amount
                                                              of export tax         of export refund
                                                           in ECU per tonne        in ECU per tonne
                     1
                     2
                     3
                    etc.
                                                  ANNEX III
         The only numbers to use to call Brussels (DG VI-C-1 ) are:
         — telex:           — 22037 AGREC B,
                            — 22070 AGREC B (Greek characters);
         — fax:             — 295 25 15,
                            — 296 49 56 .