Commission Regulation (EC) No 259/98 of 30 January 1998 laying down detailed rules for the export of products supplied as Community food aid

COMMISSION REGULATION (EC) No 259/98 of 30 January 1998 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 Community,
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), and in particular Articles 9(2) and 13(11) thereof, and to the corresponding provisions of the other Regulations on the common organisation of the markets in agricultural products,
Whereas, for the purposes of applying Council Regulation (EC) No 1292/96 of 27 June 1996 on food-aid policy and food-aid management and special operations in support of food security (3), new general rules for the mobilisation of products to be supplied as Community food aid have been laid down by Commission Regulation (EC) No 2519/97 (4);
Whereas the aforementioned new rules imply the application of export refunds in the case of mobilisation in the Community; whereas, however, by way of derogation from Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products (5), as last amended by Regulation (EC) No 2114/97 (6), 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 at the time of submission of tenders are not changed subsequent to the award of contracts as the result of the application of certain techniques for adjusting the export refunds according to the date of export, provision should be made to waive certain provisions applicable to trade in agricultural products and to grant an export refund that is fixed and published prior to the deadline for submission of tenders and that remains unaltered irrespective of the actual date of export;
Whereas Commission Regulation (EEC) No 1068/93 of 30 April 1993 on detailed rules for determining and applying the agricultural conversion rates (7), as last amended by Regulation (EC) No 1482/96 (8), establishes the operative events for the agricultural conversion rates, in particular that applicable to the refunds;
Whereas, in order to ensure that the abovementioned rules are applied correctly, administrative provisions relating to export licences should be laid down by way of derogation from Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (9), as last amended by Regulation (EC) No 1404/97 (10); whereas, for this purpose, the delivery guarantee lodged by the successful tenderer for the food aid operation to ensure he meets his obligations as regards the supply in accordance with Article 10 of Regulation (EC) No 2519/97 should be considered sufficient to also ensure compliance with the obligations resulting from the licences;
Whereas the supply operations carried out pursuant to Regulation (EC) No 2519/97 are considered as food aid within the meaning of Article 10(4) of the Agreement on Agriculture in the framework of the Uruguay Round; whereas these operations should be closely monitored by the Commission;
Whereas export refunds for Community food aid shall only be paid for quantities exported in accordance with Regulation (EEC) No 3665/87 and taken over in accordance with Regulation (EC) No 2519/97;
Whereas Commission Regulation (EEC) No 2330/87 (11), as last amended by Regulation (EEC) No 2226/89 (12), lays down detailed rules for the export of products supplied as Community food aid; whereas in order to make the necessary changes and for reasons of clarity and administrative efficiency Regulation (EEC) No 2330/87 should be replaced;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the relevant management committees,