‹‹ EN Official Journal of the European Communities L 42/33 14. 2. 98
COMMISSION REGULATION (EC) No 362/98
of 13 February 1998
amending Regulation (EC) No 1459/97 opening a standing invitation to tender
for the export of rye held by the German intervention agency
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,
Whereas Commission Regulation (EEC) No 2131/93 (3),
as last amended by Regulation (EC) No 2193/96 (4), lays
down the procedure and conditions for the disposal ofcereals held by intervention agencies;
Whereas Commission Regulation (EC) No 1459/97 (
5), as
amended by Regulation (EC) No 218/98 (6), opens a
standing invitation to tender for the export of rye held bythe German intervention agencies; whereas the secondindent of Article 8(2) of Regulation (EC) No 1459/97 laysdown conditions for the release of securities which aremore restrictive than those laid down in Article 17(3) ofRegulation (EEC) No 2131/93, as amended by Regulation(EC) No 120/94 (
7); whereas such securities may be
released more rapidly in the case of export by sea, withoutrequiring proof of entry for consumption;
Whereas no distinction should be made between opera-
tions carried out under the same invitation to tender;whereas, therefore, the early release of the security forexports by sea already carried out under the invitation totender opened by Regulation (EC) No 1459/97 should beapplied retroactively;Whereas the measures provided for in this Regulation are
in accordance with the opinion of the ManagementCommittee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Article 8(2) of Regulation (EC) No 1459/97 is hereby
replaced by the following:
‘2. The obligation to export to the third countries
shall be covered by a security amounting to ECU 50per tonne of which ECU 30 per tonne shall be lodgedwhen the export licence is issued, with the balance ofECU 20 per tonne being lodged before removal of thecereals.
Article 15(2) of Commission Regulation (EEC) No
3002/92 (
1) notwithstanding:
— the amount of ECU 30 per tonne must be released
within 20 working days of the date on which thesuccessful tenderer supplies proof that the ryeremoved has left the customs territory of theCommunity,
— the amount of ECU 20 per tonne must be released
within 15 working days of the date on which thesuccessful tenderer supplies the proof referred toin Article 17(3) of Regulation (EEC) No 2131/93.
(1) OJ L 301, 17.10.1992, p. 17.’
Article 2
This Regulation shall enter into force on the day fol-
lowing its publication in the Official Journal of the
European Communities .
It shall apply with effect from 26 July 1997 for all export
licences issued under the invitation to tender opened byRegulation (EC) No 1459/97.(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 293, 16. 11. 1996, p. 1.
(5) OJ L 199, 26. 7. 1997, p. 15.
(6) OJ L 22, 29. 1. 1998, p. 19.
(7) OJ L 21, 26. 1. 1994, p. 1.
‹‹ EN Official Journal of the European Communities L 42/34 14. 2. 98
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 13 February 1998.
For the Commission
Franz FISCHLER
Member of the Commission