CELEX: 31997R1884
Language: en
Date: 1997-09-26 00:00:00
Title: COMMISSION REGULATION (EC) No 1884/97 of 26 September 1997 amending Regulation (EC) No 1339/97 opening an invitation to tender for the refund or the tax for the export of common wheat to all third countries

27. 9 . 97           | EN 1             Official Journal of the European Communities                                   L 265/73
                                     COMMISSION REGULATION (EC) No 1884/97
                                                    of 26 September 1997
                   amending Regulation (EC) No 1339/97 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,                       vourable conditions; whereas the risk of fraud is therefore
                                                                  small; whereas, in order to avoid obstructing these exports
                                                                  to other third countries, proof of arrival should not be
                                                                  required; whereas certificates drawn up by the competent
Having regard to the Treaty establishing the European             authorities of the Member States stating that the products
Community,                                                        have left the territory of the Community on board a vessel
                                                                  suitable for sea transport may be considered to provide a
                                                                  sufficient guarantee;
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organization of the                 Whereas the measures provided for in this Regulation are
market in cereals ('), as last amended by Commission              in accordance with the opinion of the Management
Regulation (EC) No 923/96 (2),                                    Committee for Cereals,
Having regard to Commission Regulation (EC) No
1501 /95 of 29 June 1995 laying down certain detailed             HAS ADOPTED THIS REGULATION :
rules for the application of the 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
                                                                                              Article 1
on the market for cereals (3), as last amended by Regula­
tion (EC) No 1259/97 (4), and in particular Article 4
thereof,                                                          Regulation (EC) No 1339/97 is amended as follows:
                                                                   1 . The title is replaced by the following:
Whereas Commission Regulation (EC) No 1883/97 0                        '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 Ceuta, Melilla and certain ACP States;                 tries except Ceuta, Melilla and certain ACP States.'
whereas the destinations laid down in Commission Regu­
lation (EC) No 1339/97 (6) should therefore be amended;           2. Article 1 (2) is replaced by the following:
                                                                       '2.    The invitation to tender shall cover common
                                                                       wheat for export to all third countries except Ceuta,
Whereas Commission Regulation (EEC) No 3665/87 of                      Melilla and ACP States listed in Annex III .'
27 November 1987 laying down common detailed rules
for the application of the system of export refunds on
agricultural products (7), as last amended by Regulation          3 . The following Article 4a is added after Article 4:
(EC) No 815/97 (8), requires that, where refunds vary                   'Article 4a
according to destination, payment of the refund be made
conditional inter alia on presentation of proof that the               Notwithstanding Article 18 of Regulation (EEC) No
product has been imported in its unaltered state into the              3665/87, proof of completion of customs formalities
third country or into one of the third countries for which             for release for consumption shall not be required for
the refund applies; whereas that proof is required under               payment of refunds fixed in a contract awarded under
the invitation to tender opened by Regulation (EC) No                  this tender, in so far as the operator provides proof that
1883/97 for exports of common wheat to Ceuta, Melilla                  a quantity of at least 1 500 tonnes of cereal product
and certain ACP States; whereas exports to other third                 have left the customs territory of the Community on
countries under the invitation to tender opened by Regu­               board a vessel suitable for sea transport.'
lation (EC) No 1339/97 are carried out under less fa­
                                                                  4. The title of Annex I is replaced by the following:
 ') OJ L 181 , 1 . 7. 1992, p. 21 .
 A 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 174, 2. 7. 1997, p. 10 .                                     of common wheat to all third countries except Ceuta,
 5) See page 69 of this Official Journal.                              Melilla and certain ACP States .'
 «) OJ  L 184, 12. 7. 1997, p. 7.
 0  OJ  L 351 , 14. 12. 1987, p. 1 .
 s  OJ  L 116, 6. 5. 1997, p. 22.                                  5. The following Annex III is added :
 ---pagebreak--- L 265/74     EN                 Official Journal of the European Communities                         27 . 9 . 97
                                                    'ANNEX III
                          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 Príncipe           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'
                                                      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, 26 September 1997.
                                                                    For the Commission
                                                                       Franz FISCHLER
                                                                  Member of the Commission