Commission Regulation (EC) No 40/1999 of 8 January 1999 amending Regulations (EC) No 1666/98 and (EC) No 1641/98 opening standing invitations to tender for the export of barley and rye held by the Austrian intervention agency
Date: 1999-01-08
Institutions: European Commission
Subjects: Austria, award of contract, barley, export, intervention agency, rye

9. 1. 1999

EN

Official Journal of the European Communities

L 5/65

COMMISSION REGULATION (EC) No 40/1999

of 8 January 1999

amending Regulations (EC) No 1666/98 and (EC) No 1641/98 opening standing
invitations to tender for the export of barley and rye held by the Austrian
intervention agency

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,

2 thereof requires control bodies to monitor intervention
products; whereas to that end the competent Austrian
authorities are required to ensure that all the requisite
checks are done so that intervention cereals can be identi-
fied until they reach their place of exit; whereas in the
case of export via Koper the security provided for in the
last indent of Article 8(2) of Regulation (EC) No 1641/98
should be released only if the operator produces the proof
referred to in Article 18 of Commission Regulation (EEC)
No 3665/87 (11), as last amended by Regulation (EC) No
604/98 (12), or proof that he has loaded the intervention
cereals onto a seagoing vessel and that the vessel has left
the Slovenian port of Koper;

Whereas Commission Regulation (EEC) No 2131/93 (3),
as last amended by Regulation (EC) No 39/1999 (4), lays
down the procedure and conditions for the disposal of
cereals held by intervention agencies;

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

Whereas Commission Regulation (EC) No 1666/98 (5), as
last amended by Regulation (EC) No 1/1999 (6), opened a
standing invitation to tender for the export of 100 760
tonnes of barley held by the Austrian intervention agency;

Whereas Commission Regulation (EC) No 1641/98 (7), as
last amended by Regulation (EC) No 2043/98 (8), opened
a standing invitation to tender for the export of 26 334
tonnes of rye held by the Austrian intervention agency;

Whereas Austria has no sea ports; whereas the Slovenian
port of Koper has been included as a place of exit;
whereas therefore the entire transport costs between inter-
vention silo and the place of exit, including the transport
costs on Slovenian territory, should be entered in the
accounts;

Whereas Commission Regulation (EEC) No 3002/92 (9),
as last amended by Regulation (EC) No 770/96 (10), lays
down common detailed rules for verifying the use and/or
destination of products from intervention; whereas Article

(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) See page 64 of this Official Journal.
(5) OJ L 211, 29. 7. 1998, p. 12.
(6) OJ L 2, 6. 1. 1999, p. 1.
(7) OJ L 210, 28. 7. 1998, p. 43.
(8) OJ L 263, 26. 9. 1998, p. 15.
(9) OJ L 301, 17. 10. 1992, p. 17.
(10) OJ L 104, 27. 4. 1996, p. 13.

HAS ADOPTED THIS REGULATION:

Article 1

Article 3(4) of Regulations (EC) No 1666/98 and (EC) No
1641/98 is replaced by the following:

‘4.
In application of Article 7(2a) of Regulation
(EEC) No 2131/93, the successful tenderer shall be
reimbursed for the lowest transport costs between the
place of storage and the place of exit on the basis of
invoices within the maximum limits specified in the
invitation to tender.

In the case of export via the port of Koper, the trans-
port costs between the place of storage and the port
shall be reimbursed on condition that the successful
tenderer produces proof that he has loaded the inter-
vention cereals onto a seagoing vessel.'

(11) OJ L 351, 14. 12. 1987, p. 1.
(12) OJ L 80, 18. 3. 1998, p. 19.

L 5/66

EN

Official Journal of the European Communities

9. 1. 1999

Article 2

The following is added to the last indent of Article 8(2) of
Regulation (EC) No 1641/98:

tenderer produces proof that he has loaded a seagoing
vessel and that the vessel has left the port of Koper.'

Article 3

‘In the case of export via the Slovenian port of Koper,
the amount remaining must be released within 15
working days of the date on which the successful

This Regulation shall enter into force on the third day
following 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, 8 January 1999.

For the Commission

Franz FISCHLER

Member of the Commission