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
Date: 1998-02-13
Institutions: European Commission
Subjects: Germany, award of contract, export licence, export policy, intervention agency, rye

14. 2. 98

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EN

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Official Journal of the European Communities

L 42/33

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,

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Cereals,

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 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 of
cereals 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 by
the German intervention agencies; whereas the second
indent of Article 8(2) of Regulation (EC) No 1459/97 lays
down conditions for the release of securities which are
more restrictive than those laid down in Article 17(3) of
Regulation (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, without
requiring 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 for
exports by sea already carried out under the invitation to
tender opened by Regulation (EC) No 1459/97 should be
applied retroactively;

(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.

HAS ADOPTED THIS REGULATION:

Article 1

Article 8(2) of Regulation (EC) No 1459/97 is hereby
replaced by the following:

The obligation to export to the third countries
‘2.
shall be covered by a security amounting to ECU 50
per tonne of which ECU 30 per tonne shall be lodged
when the export licence is issued, with the balance of
ECU 20 per tonne being lodged before removal of the
cereals.

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 the
the rye
successful
the
removed has left
Community,

the customs territory of

tenderer supplies proof

that

— the amount of ECU 20 per tonne must be released
within 15 working days of the date on which the
successful tenderer supplies the proof referred to
in 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 by
Regulation (EC) No 1459/97.

L 42/34

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Official Journal of the European Communities

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