Commission Regulation (EEC) No 2330/87 of 30 July 1987 laying down detailed rules for the export of products supplied as Community food aid

COMMISSION  REGULATION (EEC) No 2330/87
of 30 July 1987
laying down detailed rules for the export of products supplied as Community food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1900/87 (2), and in particular Article 16 (6) thereof,
Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (3), as last amended by Regulation (EEC) No 1907/87 (4), and in particular Article 17 (6) thereof,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (5), as last amended by Regulation (EEC) No 773/87 (6), and in particular Article 17 (4) thereof,
Having regard to Council Regulation (EEC) No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (7), as last amended by Regulation (EEC) No 1915/87 (8),
Having regard to Council Regulation (EEC) No 1677/85 of 11 June 1985 on monetary compensatory amounts in agriculture (9), as last amended by Regulation (EEC) No 1889/87 (10), and in particular Article 12 thereof,
Whereas for the purposes of applying Council Regulation (EEC) No 3972/86 of 22 December 1986 on food-aid policy and food-aid management (11), general rules for the mobilization in the Community of products to be supplied as Community food-aid have been laid down by Commission Regulation (EEC) No 2200/87 (12);
Whereas the aforementioned new rules on mobilization imply the application of export refunds and the normal application of the monetary and accession compensatory amounts arrangements; whereas, however, special rules should be laid down as regards certain aspects; whereas, in particular in order to ensure that the conditions of competition that applied in respect of the supply operation during the tendering procedure are not changed subsequent to the award of contracts as the result of the application of certain techniques for adjusting the export refunds or monetary compensatory amounts according to the date of export, provision should be made to waive certain provisions applicable to trade in agricultural products; whereas, to this end, provision should be made as regards supplies of Community food aid to grant an export refund that is fixed and published prior to the publication of the invitation to tender and that remains unaltered irrespective of the actual date of export; whereas, for the same reasons, identical rules should apply in respect of compensatory amounts (monetary and accession) on the one hand, and the representative rates for the conversion of the amounts expressed in ECU on the other hand;
Whereas, in order to ensure that the abovementioned rules are applied correctly, administrative provisions relating to export licences should be laid down; whereas, for this purpose, the delivery security lodged by the successful tenderer for the food-aid supply operation to ensure he meets its obligations as regards the supply operation in accordance with Article 12 of the abovementioned Regulation (EEC) No 2200/87 should also be considered sufficient to also ensure compliance with the obligations resulting from the licences;
Whereas the amounts fixed under a food-aid tendering procedure should not be fixed by a tendering procedure within the meaning of Article 2 (2) of Commission Regulation (EEC) No 3154/85 (13);
Whereas the measures provided for in this Regulation are in accordance with the opinions of all relevant Management Committees,