Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products

11.12.2007 EN Official Journal of the European Union L 325/69
COMMISSION REGULATION (EC) No 1454/2007
of 10 December 2007
laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 31(14) thereof,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (2), and in particular Article 18 thereof,
Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (3) and in particular Article 15(3) thereof,
Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (4) and in particular Article 33(4), thereof,
Whereas:
(1) In accordance with Article 31(1) of Regulation (EC) No 1255/1999 and the corresponding articles of other Regulations on the common organisation of the markets in agricultural products, the difference between quotations or prices on the world market and in the Community may be covered for certain agricultural products by export refunds to the extent necessary to enable those products to be exported within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(2) In order to make the most efficient possible use of the resources available and to increase transparency and the competition among exporters willing to participate in the refund scheme, refunds may be fixed by the Commission by a tendering procedure for products in respect of which provision was made for such a procedure in the past.
(3) Commission Regulations laying down detailed rules for the application of the system of tendering for export refunds for certain common market organisations provide for different procedural rules in respect of tenders for export refunds.
(4) In order to simplify and improve effectiveness of the management and control mechanisms, common rules should be laid down for the management of tendering procedures for export refunds.
(5) In order to reduce the administrative burden on the operators and national administrations the tendering procedure should be organised in conjunction with the application procedure for the export licence and the tender security should also constitute the licence security once the tender is successful.
(6) Tenders should contain all the information necessary to assess them, and communications between Member States and the Commission should be provided for.
(7) The security should ensure that the accepted quantities are exported pursuant to the licence issued under the tender. Therefore, provisions should be adopted for the release and the forfeiting of the security lodged in accordance with Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (5).
(8) On the basis of the tenders received a maximum export refund may be fixed. However, situations may arise on the market in which economic or other aspects urge that none of the tenders received be accepted.
(9) Experience has shown that provisions need to be laid down to deter inaccurate documents from being presented. A suitable sanctions system should therefore be established and the cases where no sanctions are to be applied should be determined.
(10) Commission Regulations (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of export refunds on agricultural products (6) and 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 (7) should apply to the export refunds provided for in this Regulation.
(11) As a consequence of the adoption of common rules, Commission Regulations (EEC) No 584/75 of 6 March 1975 laying down detailed rules for the application of the system of tendering for export refunds on rice (8) and, (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (9) should be repealed.
(12) The measures provided for in this Regulation are in accordance with the opinion of the Management Committees concerned,