CELEX: 31998R2043
Language: en
Date: 1998-09-25 00:00:00
Title: 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

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 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
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     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
Having regard to the Treaty establishing the European           cereals held by intervention agencies to all third coun-
Community,                                                      tries;
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            Whereas, in view of the situation on the world cereals
Regulation (EC) No 923/96 (2), and in particular Article 5      market, the amount laid down in Article 8 of Regulations
thereof,                                                        (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,
Whereas Commission Regulation (EEC) No 2131/93 (3),             (EC) No 1758/98, (EC) No 1759/98, (EC) No 1760/98,
as last amended by Regulation (EC) No 2193/96 (4), lays         (EC) No 1761/98 and (EC) No 1791/98 for the security
down the procedures and conditions for the sale of cereals      covering the obligation to export has proved insufficient;
held by intervention agencies;
Whereas Commission Regulations (EC) No 1119/98 (5), as
last amended by Regulation (EC) No 1876/98 (6), (EC) No         Whereas, since the prices for barley are higher on the
1122/98 (7), as last amended by Regulation (EC) No 2016/        United States, Canadian and Mexican markets than in
98 (8), (EC) No 1123/98 (9), as amended by Regulation           other third countries, the minimum price fixed by tender
(EC) No 1792/98 (10), (EC) No 1910/98 (11), (EC) No 1579/       is no longer appropriate for all destinations; whereas those
98 (12), as last amended by Regulation (EC) No 1971/            destinations should therefore be excluded from the
98 (13), (EC) No 1641/98 (14), as amended by Regulation         standing invitations to tender for the export of barley held
(EC) No 1792/98, (EC) No 1666/98 (15), as amended by            by intervention agencies;
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          Whereas Regulations (EC) No 1119/98, (EC) No 1122/98,
1792/98, (EC) No 1759/98 (20), as amended by Regulation         (EC) No 1123/98, (EC) No 1910/98, (EC) No 1579/98,
(EC) No 1792/98, (EC) No 1760/98 (21), as last amended          (EC) No 1641/98, (EC) No 1666/98, (EC) No 1667/98,
by Regulation (EC) No 1911/98 (22), (EC) No 1761/98 (23),       (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
(1) OJ L 181, 1. 7. 1992, p. 21.                                must therefore be amended;
(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.                                 Whereas, if the United States, Canada and Mexico are no
(7) OJ L 157, 30. 5. 1998, p. 69.                               longer export destinations for barley held by intervention
(8) OJ L 260, 23. 9. 1998, p. 13.
(9) OJ L 157, 30. 5. 1998, p. 74.                               agencies, the situation will be comparable with that
(10) OJ L 228, 15. 8. 1998, p. 22.                              applying where refunds vary with the destination;
(11) OJ L 249, 9. 9. 1998, p. 5.                                whereas, in such circumstances, provision should be made
(12) OJ L 206, 23. 7. 1998, p. 21.
(13) OJ L 255, 17. 9. 1998, p. 22.                              for the securities covering export licences to be released
(14) OJ L 210, 28. 7. 1998, p. 43.                              subject to proof of arrival at destination; whereas the
(15) OJ L 211, 29. 7. 1998, p. 12.                              second indent of Article 8(2) of Regulations (EC) No
(16) OJ L 211, 29. 7. 1998, p. 17.                              1119/98, (EC) No 1122/98, (EC) No 1759/98, (EC) No
(17) OJ L 260, 23. 9. 1998, p. 11.
(18) OJ L 217, 5. 8. 1998, p. 13.                               1666/98, (EC) No 1667/98, (EC) No 1735/98, (EC) No
(19) OJ L 221, 8. 8. 1998, p. 3.                                1760/98 and (EC) No 1791/98 must therefore be
(20) OJ L 221, 8. 8. 1998, p. 8.                                amended accordingly;
(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.                               (24) OJ L 228, 15. 8. 1998, p. 17.
 ---pagebreak--- L 263/16             EN                Official Journal of the European Communities                                  26. 9. 98
Whereas Regulation (EC) No 1792/98 does not fully meet            1735/98, (EC) No 1759/98, (EC) No 1760/98 and (EC) No
the aim of the preceding recital as regards barley; whereas       1791/98 is replaced by the following:
that Regulation should therefore be repealed for the sake             ‘2.    Notwithstanding Article 17 of Regulation (EEC)
of clarity;                                                           No 2131/93, the obligation to export shall be covered
Whereas the measures provided for in this Regulation are              by a security equal to the difference between the
in accordance with the opinion of the Management                      intervention price applying on the day of the award
Committee for Cereals,                                                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
HAS ADOPTED THIS REGULATION:                                          before the cereals are removed.
                                                                      Notwithstanding Article 15(2) of Regulation (EEC) No
                         Article 1                                    3002/92:
Article 8(2) of Regulations (EC) No 1123/98, (EC) No                   the part of the security lodged when the licence is
1910/98, (EC) No 1579/98, (EC) No 1641/98, (EC) No                        issued must be released within 20 working days of
1758/98 and (EC) No 1761/98 is replaced by the                            the date on which the successful tenderer provides
following:                                                                proof that the cereals removed have left the
                                                                          customs territory of the Community.
    ‘2.    Notwithstanding Article 17 of Regulation (EEC)
    No 2131/93, the obligation to export shall be covered             Notwithstanding Article 17(3) of Regulation (EEC) No
    by a security equal to the difference between the                 2131/93:
    intervention price applying on the day of the award                the remainder must be released within 15 working
    and the price awarded but not less than ECU 10 per                    days of the date on which the successful tenderer
    tonne. Half of the security shall be lodged when the                  provides the proof referred to in Article 18 of
    licence is issued and the balance shall be lodged                     Regulation (EEC) No 3665/87.'
    before the cereals are removed.
    Notwithstanding Article 15(2) of Regulation (EEC) No                                   Article 3
    3002/92:                                                      In Article 2(1) of Regulations (EC) No 1119/98, (EC) No
     the part of the security lodged when the licence is         1122/98, (EC) No 1666/98, (EC) No 1667/98, (EC) No
        issued must be released within 20 working days of         1735/98, (EC) No 1759/98, (EC) No 1760/98 and (EC) No
        the date on which the successful tenderer provides        1791/98, ‘for export to third countries' is replaced by ‘for
        proof that the cereals removed have left the              export to third countries with the exception of the United
        customs territory of the Community,                       States, Canada and Mexico'.
     the remainder must be released within 15 working
        days of the date on which the successful tenderer                                  Article 4
        provides the proof referred to in Article 17(3) of        Regulation (EC) No 1792/98 is hereby repealed.
        Regulation (EEC) No 2131/93.'
                                                                                           Article 5
                         Article 2
                                                                  This Regulation shall enter into force on the day of its
Article 8(2) of Regulations (EC) No 1119/98, (EC) No              publication in the Official Journal of the European
1122/98, (EC) No 1666/98, (EC) No 1667/98, (EC) No                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