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Document 02007R1454-20140401

Consolidated text: 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

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02007R1454 — EN — 01.04.2014 — 001.001

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

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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

(OJ L 325 11.12.2007, p. 69)

Amended by:

 

 

Official Journal

  No

page

date

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COMMISSION IMPLEMENTING REGULATION (EU) No 1333/2013 of 13 December 2013

  L 335

8

14.12.2013



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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



Article 1

Scope

1.  

This Regulation lays down common rules for the organisation and management of tendering procedures for fixing the amount of the export refunds for the products of the following sectors:

(a) 

milk and milk products;

(b) 

cereals;

(c) 

rice;

(d) 

sugar.

It shall apply without prejudice to the derogations and specific provisions laid down in Commission Regulations opening a tendering procedure concerning export refunds specific to the agricultural products mentioned in the first subparagraph.

2.  
For the purposes of application of this Regulation ‘the competent authorities of the Member States’ are the departments or bodies accredited by the Member States as paying agencies which fulfil the conditions laid down in Article 6 of Council Regulation (EC) No 1290/2005 ( 10 ).
3.  
Regulations (EC) No 800/1999 and (EC) No 1291/2000 shall apply, save as otherwise provided for in this Regulation.

Article 2

Opening of the Tendering Procedure

1.  
For each product concerned the tendering procedure shall be opened by Commission Regulation, hereinafter referred to as ‘Regulation opening the tendering procedure’, in accordance with the procedure referred to in Article 42(2) of Regulation (EC) No 1255/1999 and the corresponding Articles of the other Regulations on the common organisation of the markets in the agricultural products concerned.
2.  

The Regulation opening the tendering procedure shall contain the following information:

(a) 

the products covered by the tendering procedure with their relevant CN codes;

(b) 

the period covered by the tender (tendering period) and the different sub-periods when the tenders can be lodged;

(c) 

the opening and closing time between which tenders may be lodged;

(d) 

the global quantity covered by the tendering procedure, if necessary;

(e) 

the minimum quantity each tender must provide for;

(f) 

the amount of the security;

(g) 

the destination to which products have to be exported, if required;

(h) 

the competent authority of Member States to which tenders are to be sent.

3.  
The information required in points (b), (d) and (h) of paragraph 2, may be published in the Official Journal of the European Union by a notice of invitation to tender.
4.  
At least six days must elapse between the entry into force of the Regulation opening the tendering procedure or the publication of the notice of invitation to tender and the first date for the submission of tenders.

Article 3

Submission of tenders and application for export licences

1.  
Tenders shall be lodged by operators established and registered for VAT purposes in the Community to the competent authorities of the Member States indicated either in the Regulation opening the tendering procedure or in the notice of invitation to tender.
2.  
Tenders shall be lodged in conjunction with and using the application form for an export licence as provided for in Regulation (EC) No 1291/2000.
3.  
Tenders may be lodged by electronic means, using the method made available to the operators by the Member State concerned. The competent authorities of the Member States may require that electronic tenders be accompanied by an advance electronic signature within the meaning of Article 2(2) of Directive 1999/93/EC of the European Parliament and of the Council ( 11 ). In all other cases, the competent authorities shall require an electronic signature offering equivalent assurances with regard to the functionalities attributed to a signature by applying the same rules and conditions as these defined in the Commission's provisions on electronic and digitised documents, set out by Commission Decision 2004/563/EC, Euratom ( 12 ), and in its implementing rules ( 13 ).
4.  
In case of application of Article 2(2)(g), the licence application shall bear an indication of the destinations referred to in the Regulation opening the tendering procedure.
5.  

A tender shall be valid if the following conditions are met:

(a) 

it indicates in Section 20 of the licence application a reference to the Regulation opening the tendering procedure and the expiry date for the sub-period of submission of the tenders;

(b) 

it indicates in Section 4 of the licence application the identification data of the tenderer: name, address and the VAT registration number;

(c) 

it indicates in Section 16 of the licence application the CN code of the product;

(d) 

it respects the minimum and maximum quantity indicated in the Regulation opening the tendering procedure, if applicable;

(e) 

it indicates in Section 20 of the licence application the export refund offered per unit in euros and cents;

(f) 

it indicates in Sections 17 and 18 of the licence application the quantity of the product to be exported;

(g) 

it specifies in section No 7 of the licence application the export destination in case of application of Article 2(2)(g);

(h) 

the tenderer has lodged a security before the end of the submission sub-period, in accordance with the provisions of Title III of Regulation (EC) No 2220/85 and by way of derogation from Article 15 paragraph 2 of Regulation (EC) No 1291/2000, and has provided proof thereof within the same period;

(i) 

it does not include any conditions introduced by the tenderer other than those mentioned in this paragraph;

(j) 

it is presented in the official language, or one of the official languages of the Member State in which the tender is lodged.

6.  
The tender security shall constitute the export licence security.
7.  
Tenders shall not be withdrawn nor amended after their submission.

Article 4

Examination of tenders

1.  
The competent authorities of the Member States shall examine tenders based on the elements mentioned in Article 3(5). They shall verify in particular the correctness of that information and they shall decide on the validity of tenders.
2.  
Persons authorised to receive and examine the tenders shall be under an obligation not to disclose any particulars relating thereto to any unauthorised person.
3.  
In the case of an invalid tender the competent authorities of the Member States shall inform the tenderer thereof.

Article 5

Notification of the tenders to the Commission

1.  
All valid tenders shall be notified to the Commission by the competent authorities of the Member States.
2.  
The notifications shall not contain the data referred to in Article 3(5)(b).
3.  
The notifications shall be made by electronic means, using the method indicated to the Member States by the Commission, within a specific period fixed by the Commission Regulations opening the tendering procedure in question.

The form and content of the notifications shall be defined on the basis of models made available by the Commission to the Member States. Those models shall not apply until the Management Committee competent has been informed.

4.  
Nil returns shall be notified to the Commission by the Member States within the period referred to in paragraph 3.

Article 6

Decision on the basis of the tenders

1.  

On the basis of the tenders notified in accordance with Article 5(1), the Commission shall decide, in accordance with the procedure referred to in Article 42(2) of Regulation (EC) No 1255/1999 and the corresponding Articles of the other Regulations on the common organisation of the markets in the agricultural products concerned:

(a) 

not to fix a maximum refund; or

(b) 

to fix a maximum refund.

2.  
In the case of tenders submitted at the level of the maximum refund, in case of application of Article 2(2)(d), a coefficient applicable to awarding the quantities tendered may be fixed by the Commission.
3.  
The decision on refunds shall be published in the Official Journal of the European Union.

Article 7

Decisions on tenders and issuing of export licenses

1.  
Where a maximum export refund has been fixed in accordance with Article 6(1), the competent authorities of the Member States shall accept tenders which are equal to or lower than the maximum refund. All the other tenders will be rejected.
2.  
Where no refund has been fixed all tenders shall be rejected.

The competent authorities of the Member States shall not accept tenders that have not been notified according to Article 5(1).

3.  
The competent authorities of the Member States shall adopt Decisions referred to in paragraph 1 after the publication of Commission's Decision on refunds referred to in Article 6(1).
4.  
No later than the fifth working day following the entry into force of the Commission's Decision fixing a maximum refund, the competent authority of the Member State shall issue successful tenderers export licences for the quantity accepted, mentioning the refund offered in the tender. In case of application of Article 2(2)(g), the licence shall bear an indication of the destinations referred to in the Regulation opening the tender.
5.  
By way of derogation from Article 23 paragraph 1 of Regulation (EC) No 1291/2000, the export licence shall become valid on its actual day of issue.

Article 8

Rights and obligations of successful tenderers

1.  
Successful tenderers shall have the right to be awarded an export licence in respect of the quantity and export refund accepted, in accordance with the Decision referred to in Article 7(3).
2.  
Successful tenderers shall have the obligation to export the accepted quantity within the period of validity of the licence, and to deliver it to the destination referred to in Article 2(2)(g) if applicable.

Article 9

Releasing and forfeiting of the security

1.  
The primary requirement within the meaning of Article 20(1) of Regulation (EC) No 2220/85 is to export the accepted quantity, within the period of validity of the licence. In case where the Regulation opening the tendering procedure provides for a specified destination as referred to in Article 2(2)(g), of this Regulation, Article 35(5) of Regulation (EC) No 1291/2000 shall apply.
2.  

The security shall be released if:

(a) 

the tender is invalid or rejected;

(b) 

the obligation referred to in Article 8(2) has been fulfilled;

(c) 

in case of application of Article 6(2) the amount of the released security shall correspond to the quantity not accepted.

3.  
The security shall be forfeited when the obligation referred to in Article 8(2) is not fulfilled except in cases of force majeure.

Article 10

Recovery of refunds and sanctions

1.  
Without prejudice to Chapter 2 of Title IV of Commission Regulation (EC) No 800/1999, where it is found that a document presented by a tenderer for the attribution of the rights deriving from this Regulation provides for incorrect information and where the incorrect information concerned is decisive for the attribution of that right, the competent authorities of the Member State shall exclude the tenderer from participating in the scheme of granting export refunds through a tendering procedure for the products covered by the procedure in question, for a period of one year from the moment when a final administrative decision establishing the irregularity has been made.
2.  
Paragraph 1 shall not apply if the applicant proves, to the satisfaction of the competent authorities that the situation referred to in paragraph 1 is not due to his gross negligence or that it is due to force majeure or to obvious error.
3.  
Member States shall inform the Commission of the cases of application of paragraph 1. The Commission shall keep the information available to the other Member States.

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4.  
The notification of information referred to in paragraph 3 shall be made in accordance with Commission Regulation (EC) No 792/2009 ( 14 ).

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Article 11

Repeals

Regulation (EEC) No 584/75 is repealed.

Regulation (EC) No 580/2004 is repealed from 1 July 2008.

Article 12

Entry into force

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

It shall apply for tenders which are opened after the entry into force of this Regulation, without prejudice to the second subparagraph of Article 11.

This Regulation shall be binding in its entirety and directly applicable in all Member States.


( 1 )  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1152/2007 (OJ L 258, 4.10.2007, p. 3).

( 2 )  OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regulation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6).

( 3 )  OJ L 270, 21.10.2003, p. 96. Regulation as last amended by Regulation (EC) No 797/2006 ( OJ L 144, 31.5.2006, p. 1).

( 4 )  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1).

( 5 )  OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

( 6 )  OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 1001/2007 (OJ L 226, 30.8.2007, p. 9).

( 7 )  OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1913/2006.

( 8 )  OJ L 61, 7.3.1975, p. 25. Regulation as last amended by Regulation (EC) No 1948/2002 (OJ L 299, 1.11.2002, p. 18).

( 9 )  OJ L 90, 27.3.2004, p. 58. Regulation as last amended by Regulation (EC) No 128/2007 (OJ L 41, 13.2.2007, p. 6).

( 10 )  OJ L 209, 11.8.2005, p. 1.

( 11 )  OJ L 13, 19.1.2000, p. 12.

( 12 )  OJ L 251, 27.7.2004, p. 9.

( 13 ) Document SEC(2005) 1578.

( 14 )  OJ L 228, 1.9.2009, p. 3.

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