EN Official Journal of the European Communities 19. 5. 1999 L 125/3
COMMISSION REGULATION (EC) No 1021/1999
of 18 May 1999
amending Regulations (EC) No 1666/98, (EC) No 1667/98, (EC) No 1735/98, (EC)
No 1759/98, (EC) No 1760/98 and (EC) No 2198/98 opening standing invitations to
tender for the export of barley held by certain intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of themarket in cereals (
1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article 5
thereof,
(1) Whereas Commission Regulation (EEC) No 2131/93 (
3), as last amended by Regulation (EC) No 39/
1999 (4), lays down the procedures and conditions
for the sale of cereals held by the interventionagencies;
(2) Whereas a later date must be set for the last partialinvitation to tender for the tenders opened byCommission Regulations (EC) No 1666/98 (
5), as
last amended by Regulation (EC) No 631/1999 (6),
(EC) No 1667/98 (7), as last amended by Regulation
(EC) No 468/1999 (8), (EC) No 1735/98 (9), as last
amended by Regulation (EC) No 438/1999 (10), (EC)
No 1759/98 (11), as last amended by Regulation
(EC) No 2642/98 (12), (EC) No 1760/98 (13), as last
amended by Regulation (EC) No 849/1999 (14), and
(EC) No 2198/98 (15), as last amended by Regula-
tion (EC) No 2694/98 (16);
(3) Whereas the invitation to tender for the export ofintervention stocks is unusual in that it will alsooperate at the end of the marketing year, i.e. inJune 1999; whereas, therefore, in the case oftenders made between 3 and 30 June 1999, deliv-eries will be possible only from 1 July 1999;whereas provision must accordingly be made toderogate from the first paragraph of Article 16 ofRegulation (EEC) No 2131/93, which stipulatesthat payments must be made no later than one
month after acceptance of the tender;
(4) Whereas the measures provided for in this Regula-tion are in accordance with the opinion of theManagement Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The following sentence is added at the end of Article 2(1)
of Regulations (EC) No 1666/98, (EC) No 1667/98, (EC)No 1735/98, (EC) No 1759/98, (EC) No 1760/98 and (EC)No 2198/98:
‘However, the customs export formalities for tenders
submitted on or after 3 June 1999 shall be completedonly on or after 1 July 1999.'
Article 2
Article 4(2) of Regulations (EC) No 1666/98, (EC) No
1667/98, (EC) No 1735/98, (EC) No 1759/98, (EC) No1760/98 and (EC) No 2198/98 is replaced by thefollowing:
‘2. Between 3 and 30 June 1999, tenders submitted
under this invitation to tender shall not be admissibleunless they are accompanied by a written undertakingto export only on or after 1 July 1999. The tendersmay not be accompanied by applications for exportlicences submitted under Article 44 of CommissionRegulation (EEC) No 3719/88 (*).
(*)
OJ L 331, 2.12.1988, p. 1.'
Article 3
Article 5(3) of Regulations (EC) No 1666/98, (EC) No
1667/98, (EC) No 1735/98, (EC) No 1759/98, (EC) No1760/98 and (EC) No 2198/98 is replaced by thefollowing:
‘3. The last partial invitation to tender shall expire
on 30 September 1999 at 9 a.m. (Brussels time).'(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 126, 24.5.1996, p. 37.
(3) OJ L 191, 31.7.1993, p. 76.
(4) OJ L 5, 9.1.1999, p. 64.
(5) OJ L 211, 29.7.1998, p. 12.
(6) OJ L 80, 25.3.1999, p. 9.
(7) OJ L 211, 29.7.1998, p. 17.
(8) OJ L 56, 4.3.1999, p. 24.
(9) OJ L 217, 5.8.1998, p. 13.
(10) OJ L 52, 27.2.1999, p. 31.
(11) OJ L 221, 8.8.1998, p. 8.
(12) OJ L 335, 10.12.1998, p. 12.
(13) OJ L 221, 8.8.1998, p. 13.
(14) OJ L 107, 24.4.1999, p. 8.
(15) OJ L 277, 14.10.1998, p. 9.
(16) OJ L 338, 15.12.1998, p. 10.
EN Official Journal of the European Communities 19. 5. 1999 L 125/4
Article 4
The following Article is added to Regulations (EC) No
1666/98, (EC) No 1667/98, (EC) No 1735/98, (EC) No1759/98, (EC) No 1760/98 and (EC) No 2198/98:
‘Article 5a
In the case of tenders submitted between 3 and 30
June 1999, the following conditions shall apply:
¾notwithstanding the first paragraph of Article 16
of Regulation (EEC) No 2131/93, the cereals mustbe paid for by 31 July 1999, at the latest,
¾notwithstanding the third paragraph of Article 16
of Regulation (EEC) No 2131/93, the price to bepaid for the export shall be that indicated in thetender.'Article 5
The following Article is added to Regulations (EC) No
1666/98, (EC) No 1667/98, (EC) No 1735/98, (EC) No1759/98, (EC) No 1760/98 and (EC) No 2198/98:
‘Article 5b
In the case of licences applied for between 3 and 30
June 1999, without prejudice to Article 17(3) of Regu-lation (EEC) No 2131/93, the security referred to inthe second indent of Article 17(2) of that Regulationshall be released only when proof is provided that thecustoms export formalities were completed on or after1 July 1999.'
Article 6
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 18 May 1999.
For the Commission
Franz FISCHLER
Member of the Commission