CELEX: 31998R0362
Language: en
Date: 1998-02-13
Title: 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

14. 2. 98          ¬ EN ¬             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,
                                                                HAS ADOPTED THIS REGULATION:
Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of the
                                                                                          Article 1
market in cereals (1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article 5
thereof,                                                        Article 8(2) of Regulation (EC) No 1459/97 is hereby
                                                                replaced by the following:
                                                                    ‘2. The obligation to export to the third countries
Whereas Commission Regulation (EEC) No 2131/93 ( ),       3         shall be covered by a security amounting to ECU 50
as last amended by Regulation (EC) No 2193/96 (4), lays             per tonne of which ECU 30 per tonne shall be lodged
down the procedure and conditions for the disposal of               when the export licence is issued, with the balance of
cereals held by intervention agencies;                              ECU 20 per tonne being lodged before removal of the
                                                                    cereals.
                                                                    Article 15(2) of Commission Regulation (EEC) No
                                                                    3002/92 (1) notwithstanding:
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 amount of ECU 30 per tonne must be released
the German intervention agencies; whereas the second                    within 20 working days of the date on which the
indent of Article 8(2) of Regulation (EC) No 1459/97 lays               successful tenderer supplies proof that the rye
down conditions for the release of securities which are                 removed has left the customs territory of the
more restrictive than those laid down in Article 17(3) of               Community,
Regulation (EEC) No 2131/93, as amended by Regulation
(EC) No 120/94 (7); whereas such securities may be                  — the amount of ECU 20 per tonne must be released
released more rapidly in the case of export by sea, without             within 15 working days of the date on which the
requiring proof of entry for consumption;                               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.’
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                                Article 2
tender opened by Regulation (EC) No 1459/97 should be
applied retroactively;                                          This Regulation shall enter into force on the day fol-
                                                                lowing its publication in the Official Journal of the
(1) OJ L 181, 1. 7. 1992, p. 21.                                European Communities.
(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.                               It shall apply with effect from 26 July 1997 for all export
(6) OJ L 22, 29. 1. 1998, p. 19.                                licences issued under the invitation to tender opened by
(7) OJ L 21, 26. 1. 1994, p. 1.                                 Regulation (EC) No 1459/97.
 ---pagebreak--- L 42/34   ¬ EN ¬           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