Commission Regulation (EC) No 2043/98 of 25 September 1998 repealing Regulation (EC) No 1792/98 and amending Regulations (EC) No 1119/98, (EC) No 1122/98, (EC) No 1123/98, (EC) No 1910/98, (EC) No 1579/98, (EC) No 1641/98, (EC) No 1666/98, (EC) No 1667/98, (EC) No 1735/98, (EC) No 1758/98, (EC) No 1759/98, (EC) No 1760/98, (EC) No 1761/98 and (EC) No 1791/98 opening standing invitations to tender for the export of cereals held by intervention agencies
Date: 1998-09-25
Institutions: European Commission
Subjects: award of contract, cereals, export, intervention agency, third country

26. 9. 98

EN

Official Journal of the European Communities

L 263/15

COMMISSION REGULATION (EC) No 2043/98

of 25 September 1998

repealing Regulation (EC) No 1792/98 and amending Regulations (EC) No 1119/
98, (EC) No 1122/98, (EC) No 1123/98, (EC) No 1910/98, (EC) No 1579/98, (EC) No
1641/98, (EC) No 1666/98, (EC) No 1667/98, (EC) No 1735/98, (EC) No 1758/98, (EC)
No 1759/98,
(EC) No 1761/98 and (EC) No 1791/98 opening
standing invitations to tender for the export of cereals held by intervention
agencies

(EC) No 1760/98,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 procedures and conditions for the sale of cereals
held by intervention agencies;

Whereas Commission Regulations (EC) No 1119/98 (5), as
last amended by Regulation (EC) No 1876/98 (6), (EC) No
1122/98 (7), as last amended by Regulation (EC) No 2016/
98 (8),
(EC) No 1123/98 (9), as amended by Regulation
(EC) No 1792/98 (10), (EC) No 1910/98 (11), (EC) No 1579/
98 (12), as last amended by Regulation (EC) No 1971/
98 (13),
(EC) No 1641/98 (14), as amended by Regulation
(EC) No 1792/98, (EC) No 1666/98 (15), as amended by
Regulation (EC) No 1792/98, (EC) No 1667/98 (16), as last
amended by Regulation (EC) No 2015/98 (17),
(EC) No
1735/98 (18), as amended by Regulation (EC) No 1792/98,
(EC) No 1758/98 (19), as amended by Regulation (EC) No
1792/98, (EC) No 1759/98 (20), as amended by Regulation
(EC) No 1792/98, (EC) No 1760/98 (21), as last amended
by Regulation (EC) No 1911/98 (22), (EC) No 1761/98 (23),

(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 157, 30. 5. 1998, p. 54.
(6) OJ L 243, 2. 9. 1998, p. 7.
(7) OJ L 157, 30. 5. 1998, p. 69.
(8) OJ L 260, 23. 9. 1998, p. 13.
(9) OJ L 157, 30. 5. 1998, p. 74.
(10) OJ L 228, 15. 8. 1998, p. 22.
(11) OJ L 249, 9. 9. 1998, p. 5.
(12) OJ L 206, 23. 7. 1998, p. 21.
(13) OJ L 255, 17. 9. 1998, p. 22.
(14) OJ L 210, 28. 7. 1998, p. 43.
(15) OJ L 211, 29. 7. 1998, p. 12.
(16) OJ L 211, 29. 7. 1998, p. 17.
(17) OJ L 260, 23. 9. 1998, p. 11.
(18) OJ L 217, 5. 8. 1998, p. 13.
(19) OJ L 221, 8. 8. 1998, p. 3.
(20) OJ L 221, 8. 8. 1998, p. 8.
(21) OJ L 221, 8. 8. 1998, p. 13.
(22) OJ L 249, 9. 9. 1998, p. 10.
(23) OJ L 221, 8. 8. 1998, p. 18.

as amended by Regulation (EC) No 1792/98, and (EC) No
1791/98 (24), as amended by Regulation (EC) No 1792/98,
open standing invitations to tender for the export of
cereals held by intervention agencies to all third coun-
tries;

Whereas, in view of the situation on the world cereals
market, the amount laid down in Article 8 of Regulations
(EC) No 1123/98,
(EC) No 1122/98,
(EC) No 1119/98,
(EC) No 1641/98,
(EC) No 1579/98,
(EC) No 1910/98,
(EC) No 1735/98,
(EC) No 1667/98,
(EC) No 1666/98,
(EC) No 1758/98,
(EC) No 1760/98,
(EC) No 1759/98,
(EC) No 1761/98 and (EC) No 1791/98 for the security
covering the obligation to export has proved insufficient;

Whereas, since the prices for barley are higher on the
United States, Canadian and Mexican markets than in
other third countries, the minimum price fixed by tender
is no longer appropriate for all destinations; whereas those
destinations
should therefore be excluded from the
standing invitations to tender for the export of barley held
by intervention agencies;

Whereas Regulations (EC) No 1119/98, (EC) No 1122/98,
(EC) No 1579/98,
(EC) No 1910/98,
(EC) No 1123/98,
(EC) No 1667/98,
(EC) No 1666/98,
(EC) No 1641/98,
(EC) No 1735/98,
(EC) No 1759/98,
(EC) No 1758/98,
(EC) No 1760/98, (EC) No 1761/98 and (EC) No 1791/98
must therefore be amended;

refunds

Whereas, if the United States, Canada and Mexico are no
longer export destinations for barley held by intervention
the situation will be comparable with that
agencies,
applying where
vary with the destination;
whereas, in such circumstances, provision should be made
for the securities covering export licences to be released
subject to proof of arrival at destination; whereas the
second indent of Article 8(2) of Regulations (EC) No
(EC) No
1119/98,
1666/98,
(EC) No
therefore be
1760/98 and (EC) No 1791/98 must
amended accordingly;

(EC) No 1759/98,
(EC) No 1735/98,

(EC) No 1122/98,
(EC) No 1667/98,

(24) OJ L 228, 15. 8. 1998, p. 17.

L 263/16

EN

Official Journal of the European Communities

26. 9. 98

Whereas Regulation (EC) No 1792/98 does not fully meet
the aim of the preceding recital as regards barley; whereas
that Regulation should therefore be repealed for the sake
of clarity;

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

HAS ADOPTED THIS REGULATION:

Article 1

Article 8(2) of Regulations (EC) No 1123/98,
1910/98,
(EC) No 1641/98,
(EC) No 1579/98,
1758/98 and (EC) No 1761/98 is
following:

(EC) No
(EC) No
replaced by the

‘2. Notwithstanding Article 17 of Regulation (EEC)
No 2131/93, the obligation to export shall be covered
by a security equal to the difference between the
intervention price applying on the day of the award
and the price awarded but not less than ECU 10 per
tonne. Half of the security shall be lodged when the
licence is issued and the balance shall be lodged
before the cereals are removed.

Notwithstanding Article 15(2) of Regulation (EEC) No
3002/92:

(cid:190) the part of the security lodged when the licence is
issued must be released within 20 working days of
the date on which the successful tenderer provides
the
the cereals
proof
customs territory of the Community,

removed have left

that

1735/98, (EC) No 1759/98, (EC) No 1760/98 and (EC) No
1791/98 is replaced by the following:

‘2. Notwithstanding Article 17 of Regulation (EEC)
No 2131/93, the obligation to export shall be covered
by a security equal to the difference between the
intervention price applying on the day of the award
and the price awarded but not less than ECU 10 per
tonne. Half of the security shall be lodged when the
licence is issued and the balance shall be lodged
before the cereals are removed.

Notwithstanding Article 15(2) of Regulation (EEC) No
3002/92:

(cid:190) the part of the security lodged when the licence is
issued must be released within 20 working days of
the date on which the successful tenderer provides
proof
the
the cereals
customs territory of the Community.

removed have left

that

Notwithstanding Article 17(3) of Regulation (EEC) No
2131/93:

(cid:190) the remainder must be released within 15 working
days of the date on which the successful tenderer
provides the proof referred to in Article 18 of
Regulation (EEC) No 3665/87.'

Article 3

(EC) No 1666/98,

In Article 2(1) of Regulations (EC) No 1119/98, (EC) No
1122/98,
(EC) No
1735/98, (EC) No 1759/98, (EC) No 1760/98 and (EC) No
1791/98, ‘for export to third countries' is replaced by ‘for
export to third countries with the exception of the United
States, Canada and Mexico'.

(EC) No 1667/98,

(cid:190) the remainder must be released within 15 working
days of the date on which the successful tenderer
provides the proof referred to in Article 17(3) of
Regulation (EEC) No 2131/93.'

Article 4

Regulation (EC) No 1792/98 is hereby repealed.

Article 2

Article 8(2) of Regulations (EC) No 1119/98,
(EC) No 1667/98,
1122/98,

(EC) No 1666/98,

(EC) No
(EC) No

Article 5

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, 25 September 1998.

For the Commission

Franz FISCHLER

Member of the Commission