CELEX: 31998R2005
Language: en
Date: 1998-09-21 00:00:00
Title: Commission Regulation (EC) No 2005/98 of 21 September 1998 amending Regulation (EC) No 1079/98 opening an invitation to tender for the refund or the tax for the export of common wheat to all third countries

L 258/8               EN                 Official Journal of the European Communities                                   22. 9. 98
                                     COMMISSION REGULATION (EC) No 2005/98
                                                    of 21 September 1998
                  amending Regulation (EC) No 1079/98 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,                         territory of the Community on board a vessel suitable for
                                                                    sea transport may be considered to provide a sufficient
                                                                    guarantee;
Having regard to the Treaty establishing the European
Community,
                                                                    Whereas the measures provided for in this Regulation are
                                                                    in accordance with the opinion of the Management
                                                                    Committee for Cereals,
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 923/96 (2),
                                                                    HAS ADOPTED THIS REGULATION:
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                                         Article 1
measures to be taken in the event of disturbance on the
market for cereals (3), as last amended by Regulation (EC)          Regulation (EC) No 1079/98 is amended as follows:
No 2052/97 (4), and in particular Article 4 thereof,
                                                                    1. the title is replaced by the following:
Whereas Commission Regulation (EC) No 2004/98 (5)                      ‘opening an invitation to tender for the refund or the
opens an invitation to tender relating to the export of                tax for the export of common wheat to all third coun-
common wheat to certain ACP States; whereas the des-                   tries except certain ACP States';
tinations laid down in Commission Regulation (EC) No
1079/98 (6) should therefore be amended;                            2. Article 1(2) is replaced by the following:
                                                                       ‘2.    The invitation to tender shall cover common
Whereas Commission Regulation (EEC) No 3665/87 of                      wheat for export to all third countries except ACP
27 November 1987 laying down common detailed rules                     States listed in Annex III.';
for the application of the system of export refunds on
agricultural products (7), as last amended by Regulation
(EC) No 604/98 (8), requires that, where refunds vary               3. the following Article 4a is added after Article 4:
according to destination, payment of the refund be made
conditional inter alia on presentation of proof that the               ‘Article 4a
product has been imported in its unaltered state into the
third country or into one of the third countries for which             Notwithstanding Article 18 of Commission Regulation
the refund applies; whereas that proof is required under               (EEC) No 3665/87 (*), proof of completion of customs
the invitation to tender opened by Regulation (EC)                     formalilties for release for consumption shall not be
No 2004/98 for exports of common wheat to certain                      required for payment of refunds fixed in a contract
ACP States; whereas exports to other third countries                   awarded under this tender, in so far as the operator
under the invitation to tender opened by Regulation (EC)               provides proof that a quantity of at leat 1 500 tonnes of
No 1079/98 are carried out under less favourable condi-                cereal product have left the customs territory of the
tions; whereas the risk of fraud is therefore small; whereas,          Community on board a vessel suitable for sea trans-
in order to avoid obstructing these exports to other third             port.
countries, proof of arrival should not be required; whereas
certificates drawn up by the competent authorities of the              (*) OJ L 351, 14.12.1987, p. 1.';
Member States stating that the products have left the
                                                                    4. the title of Annex I is replaced by the following:
(1) OJ  L 181, 1. 7. 1992, p. 21.
(2) OJ  L 126, 24. 5. 1996, p. 37.                                     ‘Weekly tender for the refund or the tax for the export
(3) OJ  L 147, 30. 6. 1995, p. 7.
(4) OJ  L 287, 21. 10. 1997, p. 14.                                    of common wheat to all third countries except certain
(5) See page 4 of this Official Journal.                               ACP States.';
(6) OJ  L 154, 28. 5. 1998, p. 24.
(7) OJ  L 351, 14. 12. 1987, p. 1.
(8) OJ  L 80, 18. 3. 1998, p. 19.                                   5. the following Annex III is added:
 ---pagebreak--- 22. 9. 98      EN                Official Journal of the European Communities                         L 258/9
                                                   ‘ANNEX III
                           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 Príncipe         Zambia
          Guinea                           Gabon                         Malawi
          Cape Verde                       Congo                         Mozambique
          Sierra Leone                     Democratic Republic of        Namibia
          Liberia                          Congo                         Botswana
          Côte-d’Ivoire                    Rwanda                        Zimbabwe
          Ghana                            Burundi                       Lesotho
          Togo                             Burkina Faso                  Swaziland
                                                                         Djibouti
                                                                         Ethiopia
                                                                         Eritrea'
                                                     Article 2
          This Regulation shall enter into force on the day following its 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, 21 September 1998.
                                                                      For the Commission
                                                                        Franz FISCHLER
                                                                    Member of the Commission