Commission Regulation (EC) No 1022/1999 of 18 May 1999 amending Regulations (EC) No 1123/98 and (EC) No 1641/98 opening standing invitations to tender for the export of rye held by certain intervention agencies
Date: 1999-05-18
Institutions: European Commission
Subjects: Austria, Germany, award of contract, export, intervention agency, rye

19. 5. 1999

EN

Official Journal of the European Communities

L 125/5

COMMISSION REGULATION (EC) No 1022/1999

of 18 May 1999

amending Regulations (EC) No 1123/98 and (EC) No 1641/98 opening standing
invitations to tender for the export of rye held by certain intervention agencies

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

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,

The following sentence is added at the end of Article 2(1)
of Regulations (EC) No 1123/98 and (EC) No 1641/98:

‘However, the customs export formalities for tenders
submitted on or after 3 June 1999 shall be completed
only on or after 1 July 1999.'

(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 intervention
agencies;

(2) Whereas a later date must be set for the last partial
invitation to tender for the tenders opened by
Commission Regulations (EC) No 1123/98 (5), as
last amended by Regulation (EC) No 2043/98 (6)
and (EC) No 1641/98 (7), as last amended by Regu-
lation (EC) No 492/1999 (8);

therefore,

(3) Whereas the invitation to tender for the export of
intervention stocks is unusual in that it will also
operate at the end of the marketing year, i.e. in
June 1999; whereas,
in the case of
tenders made between 3 and 30 June 1999, deliv-
eries will be possible only from 1 July 1999;
whereas provision must accordingly be made to
derogate from the first paragraph of Article 16 of
Regulation (EEC) No 2131/93, which stipulates
that payment 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 the
Management Committee for Cereals,

(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 157, 30.5.1998, p. 74.
(6) OJ L 263, 26.9.1998, p. 15.
(7) OJ L 210, 28.7.1998, p. 43.
(8) OJ L 59, 6.3.1999, p. 13.

Article 2

Article 4(2) of Regulation (EC) No 1123/98 and (EC) No
1641/98 is replaced by the following:

‘2.
Between 3 and 30 June 1999, tenders submitted
under this invitation to tender shall not be admissible
unless they are accompanied by a written undertaking
to export only on or after 1 July 1999. The tenders
may not be accompanied by applications for export
licences submitted under Article 44 of Commission
Regulation (EEC) No 3719/88 (*).

(*) OJ L 331, 2.12.1998, p. 4.'

Article 3

Article 5(3) of Regulations (EC) No 1123/98 and (EC) No
1641/98 is replaced by the following:

The last partial invitation to tender shall expire

‘3.
on 30 September 1999 at 9 a.m.

(Brussels time).'

Article 4

The following Article is added to Regulations (EC) No
1123/98 and 1641/98:

‘Article 5a

In the case of tenders submitted between 3 and 30
June 1999, the following conditions shall apply:

L 125/6

EN

Official Journal of the European Communities

19. 5. 1999

(cid:190) notwithstanding the first paragraph of Article 16
of Regulation (EEC) No 2131/93, the cereals must
be paid for by 31 July 1999, at the latest,
(cid:190) notwithstanding the third paragraph of Article 16
of Regulation (EEC) No 2131/93, the price to be
paid for the export shall be that indicated in the
tender.'

Article 5

‘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 in
the second indent of Article 17(2) of that Regulation
shall be released only when proof is provided that the
customs export formalities were completed on or after
1 July 1999.'

The following Article is added to Regulation (EC) No
1123/98 and (EC) No 1641/98:

Article 6

This Regulation shall enter into force on 19 May 1999.

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