Commission Regulation (EC) No 2298/2001 of 26 November 2001 laying down detailed rules for the export of products supplied as food aid

Commission Regulation (EC) No 2298/2001
of 26 November 2001
laying down detailed rules for the export of products supplied as 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 Regulation (EC) No 1666/2000(2), and in particular Article 9(2) and Article 13(11) thereof, and the corresponding provisions of the other Regulations on the common organisation of the markets in agricultural products,
Whereas:
(1) For the purpose 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), as amended by Regulation (EC) No 1726/2001 of the European Parliament and of the Council(4), Commission Regulation (EC) No 2519/97(5) lays down general rules for the mobilisation of products to be supplied as Community food aid.
(2) The above mobilisation rules involve the application of export refunds in the event of mobilisation within the Community. However, it is necessary to lay down special rules governing certain aspects by derogation from Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products(6), as last amended by Regulation (EC) No 90/2001(7). To guarantee that the competitive conditions which apply to deliveries at the time of submission of tenders are not changed after the award of the contracts as a result of the application of certain techniques which can adjust export refunds as a function of the date of export, provision should be made to waive certain rules applying to trade in agricultural products and granting an export refund which is the same for all tenderers and which remains unaltered regardless of the actual date of export.
(3) To guarantee that the above provisions are applied correctly, administrative rules relating to export licences should be laid down which derogate from Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products(8), as last amended by Regulation (EC) No 1095/2001(9). To that end, the delivery guarantee lodged by the successful tenderer for the food-aid operation as an assurance that he meets his supply obligations in accordance with Article 10 of Regulation (EC) No 2519/97 should be considered as sufficient also to guarantee respect of the obligations deriving from those licences.
(4) Supplies carried out under Regulation (EC) No 2519/97 are to be considered as food aid within the meaning of Article 10(4) of the Agreement on Agriculture within the context of the Uruguay Round.
(5) With regard to national food aid, this Regulation is to apply solely to aid meeting the conditions laid down in Article 10(4) of the Agreement on Agriculture within the context of the Uruguay Round. The same derogations to Regulations (EC) No 800/1999 and (EC) No 1291/2000 should apply to those operations as apply to Community food aid.
(6) Export refunds for Community food aid are paid only for quantities exported in compliance with Regulation (EC) No 800/1999 and only if they are taken over in compliance with Regulation (EC) No 2519/97.
(7) As regards the rate of refund for national food aid, the rule provided for in Article 13(2) of Commission Regulation (EC) No 174/1999 of 26 January 1999 laying down special detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of milk and milk products(10), as last amended by Regulation (EC) No 1923/2001(11), and in Article 11(a) of Commission Regulation (EC) No 1162/95 of 23 May 1995 laying down special detailed rules for the application of the system of import and export licences for cereals and rice(12), as last amended by Regulation (EC) No 409/2001(13), whereby the refund applicable is that fixed and published prior to the submission of tenders, should be applied.
(8) The adoption of horizontal provisions relating to the rate of refund applicable to national food-aid actions means that the existing sectoral provisions should be deleted.
(9) Commission Regulation (EC) No 259/98 of 30 January 1998 laying down detailed rules for the export of products supplied as Community food aid(14) should be replaced in order for the necessary changes to be made and for the purposes of clarity and administrative efficiency.
(10) The measures provided for in this Regulation are in accordance with the opinion of all the Management Committees concerned,