CELEX: 31999R2010
Language: en
Date: 1999-09-20 00:00:00
Title: Commission Regulation (EC) No 2010/1999 of 20 September 1999 opening an invitation to tender for the refund or the tax for the export of common wheat to certain ACP States

21. 9. 1999             EN                   Official Journal of the European Communities                                      L 248/19
                                        COMMISSION REGULATION (EC) No 2010/1999
                                                        of 20 September 1999
               opening an invitation to tender for the refund or the tax for the export of common wheat to
                                                          certain ACP States
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                     1127/1999 (6), provision should be made for the release
                                                                                for consumption in the ACP State(s) laid down in this
Having regard to the Treaty establishing the European                           Regulation;
Community,
                                                                        (6)     Whereas the measures provided for in this Regulation
Having regard to Council Regulation (EEC) No 1766/92 of 30                      are in accordance with the opinion of the Management
June 1992 on the common organisation of the market in                           Committee for Cereals,
cereals (1), as last amended by Commission Regulation (EC) No
1253/1999 (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                                            Article 1
granting of export refunds on cereals and the measures to be
taken in the event of disturbance on the market for cereals (3),        1.     Tenders shall be invited for the export refund and/or
as last amended by Regulation (EC) No 2513/98 (4), and in               export tax concerning common wheat, as provided for in
particular Article 4 thereof,                                           Article 4 of Regulation (EC) No 1501/95.
(1)     Whereas, with a view to supplying the markets of the            2.     The common wheat must be exported to an ACP State or
        ACP countries, favoured partners of the Community,              to several States within one of the groups of ACP States listed
        significant quantities of common wheat are required for         in Annex I.
        the 1999/2000 marketing year; whereas these markets
        are usually supplied on the basis of regular contracts to       3.     The invitation shall remain open until 25 May 2000.
        ensure stable prices for the ACP countries over a certain       During this period weekly awards shall be made, for which the
        period; whereas it is therefore necessary to issue a            quantities and the time limits for the submission of tenders
        specific invitation to tender to ensure that users in           shall be as prescribed in the notice of invitation to tender.
        certain ACP States have access to common wheat under
        conditions appropriate to the highly competitive situ-
        ation on the world market;                                                                   Article 2
                                                                        A tender shall be valid only if it relates to an amount of not
(2)     Whereas the detailed procedural rules governing invita-         less than 1 000 tonnes for the ACP States listed in Annex I.
        tions to tender are as regards the fixing of the export
        refund, or export tax in Regulation (EC) No 1501/95;
        whereas the commitments on the part of the tenderer                                          Article 3
        include an obligation to lodge an application for an
        export licence; whereas compliance with this obligation         The security referred to in Article 5(3a) of Regulation (EC) No
        may be ensured by requiring tenderers to lodge a                1501/95 shall be EUR 12 per tonne.
        tendering security of EUR 12 per tonne when they
        submit their tenders;
                                                                                                     Article 4
(3)     Whereas, in order to ensure the smooth operation of the
        export tendering procedure it is appropriate to prescribe       1.     Tenders shall only be admissible if:
        a minimum quantity to be tendered for and a time limit          — the tenderer provides written proof from an official body in
        and form for the communication of tenders submitted                 the ACP country of destination or a company having its
        to the competent authorities;                                       overseas subsidiary in the said country, that he has
                                                                            concluded for the quantity in question a commercial supply
(4)     Whereas provision should be made for a security lodge-              contract for common wheat for export to an ACP State or
        ment scheme which ensures that the aims are met while               to several States within one of the groups of ACP states
        avoiding excessive costs for the operators;                         listed in Annex I. That contract may cover only those
                                                                            deliveries to be made during the 1999/2000 marketing year
(5)     Whereas, in addition to the conditions laid down in                 for quantities traditionally supplied; such proof shall be
        Article 30 of Commission Regulation (EEC) No                        lodged with the competent authorities at least two working
        3719/88 (5), as last amended by Regulation (EC) No                  days before the date of the partial invitation to tender
                                                                            against which the tender is to be submitted,
(1) OJ L  181,  1.7.1992, p. 21.                                        — they are accompanied by an application for an export
(2) OJ L  160,  26.6.1999, p. 18.                                           licence for the destination in question.
(3) OJ L  147,  30.6.1995, p. 7.
(4) OJ L  313,  21.11.1998, p. 16.
(5) OJ L  331,  2.12.1988, p. 1.                                        (6) OJ L 135, 29.5.1999, p. 48.
 ---pagebreak--- L 248/20              EN                       Official Journal of the European Communities                                     21. 9. 1999
The proof provided for in the first indent shall also indicate the        their period of validity, be deemed to have been issued on the
quality provided for in the contract, the time limit for delivery         day on which the tender was submitted.
and the price terms.
                                                                          2.     Export licences issued in connection with the invitations
The Member State shall send the Commission a copy of the                  to tender pursuant to this Regulation shall be valid from their
said proof forthwith, for information.                                    date of issue, as defined in paragraph 1, until the end of the
                                                                          sixth month following that of issue.
2.     Tenders may not exceed the quantity laid down in the
commercial contract submitted. The tenderers may not submit
simultaneously several bids on the basis of the same contract.                                           Article 8
When transmitting the tenders submitted, the Member States                1.     The Commission shall decide, pursuant to the procedures
shall inform the Commission of the above, mentioning if                   laid down in Article 23 of Regulation (EEC) No 1766/92:
necessary the names of the tenderers involved.
                                                                          — to fix a maximum export refund, taking account in partic-
                                                                              ular of the criteria laid down in Article 1 of Regulation (EC)
                                                                              No 1501/95, or
                              Article 5                                   — to fix a minimum export tax, taking into account in par-
                                                                              ticular the criteria laid down in Article 1 of Regulation (EC)
                                                                              No 1501/95, or
1.     The licence obliges the operator to export to the ACP              — to make no award.
State or States for which the licence application was submitted.
However, for ACP States and up to a limit of 30 % of the
quantity for which the licence was issued, the operator may               2.     Where a maximum export refund is fixed, the contract
effect his contract at another destination on condition that it           shall be awarded to the tenderer or tenderers whose bids are
belongs to the same group of countries listed in Annex I.                 equal to or lower than the maximum refund, as well as to the
                                                                          tenderer or tenderers whose bid relates to an export tax.
2.     The export licences shall be issued as soon as the
successful tenderers have been selected.                                  3.     Where a minimum export tax is fixed, a contract shall be
                                                                          awarded to any tenderer whose tender indicates a rate of tax
                                                                          equal to or more than such minimum export tax.
3.     Article 9 of Regulation (EEC) No 3719/88 notwith-
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 upon issue of the                   or fax numbers in Annex III.
export licence.
                                                                          If no tenders are received, Member States shall inform the
                                                                          Commission of this within the time limit indicated in the
The amount of EUR 20 per tonne must be released within 15
                                                                          preceding paragraph.
working days of the date on which the successful tenderer
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
(EC) No 800/1999 (1).                                                                                   Article 10
                                                                          The time limits fixed for the submission of tenders shall cor-
                                                                          respond to Belgian time.
                              Article 7
1.     Notwithstanding Article 21(1) of Regulation (EEC) No                                             Article 11
3719/88, export licences issued under Article 8(1) of Regula-
tion (EC) No 1501/95 shall, for the purpose of determining
                                                                          This Regulation shall enter into force on the day following its
(1) OJ L 102, 17.4.1999, p. 11.                                           publication in the Official Journal of the European Communities.
 ---pagebreak--- 21. 9. 1999          EN                     Official Journal of the European Communities                           L 248/21
                    This Regulation shall be binding in its entirety and directly applicable in all Member States.
                    Done at Brussels, 20 September 1999.
                                                                                   For the Commission
                                                                                     Franz FISCHLER
                                                                                Member of the Commission
                                                                 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                           Democratie Republic of Congo        Namibia
            Liberia                                Rwanda                              Botswana
            Côte-d'Ivoire                          Burundi                             Zimbabwe
            Ghana                                  Burkina Faso                        Lesotho
            Togo                                                                       Swaziland
                                                                                       Djibouti
                                                                                       Ethiopia
                                                                                       Eritrea
 ---pagebreak--- L 248/22         EN                     Official Journal of the European Communities                            21. 9. 1999
                                                            ANNEX II
             Weekly tender for the refund or the tax for the export of common wheat to certain ACP States
                                                 (Regulation (EC) No 2010/1999)
                                     Closing date for the submission of tenders (date/time)
                       1                          2                                         3
                                                                              A                       B
                    Number                     Quantity
                                                                            Amount                 Amount
                  of tenderer                 in tonnes
                                                                         of export tax         of export refund
                                                                       in EUR per tonne       in EUR per tonne
                       1
                       2
                       3
                      etc.
                                                            ANNEX III
         The only numbers to use to call Brussels [DG VI/C/1] are:
         — Fax:               — 295 25 15,
                              — 296 49 56.
         — Telex:             — 22037 AGREC B,
                              — 22070 AGREC B (Greek characters).