No L 323/8 Official Journal of the European Communities 13. 12. 96 COMMISSION REGULATION (EC) No 2369/96 of 12 December 1996 opening and providing for the administration of a Community tariff quota for 10 000 tonnes of oat grains otherwise worked falling within CN codes 1104 22 92 and 1104 22 99 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV. 6 negotiations ('), and in particular Article 1 thereof, Whereas the Community, for the purposes of the WTO, undertook to establish, per marketing year and from 1 January 1996, a tariff quota at zero duty for 10 000 tonnes of oat grains otherwise worked falling within CN codes 1104 2292 an 1104 2259 Whereas these imports are subject to the presentation of import licences; whereas the conditions governing the issue of such licences should be specified; Whereas adequate management of imports requires the establishment of a system of securities; whereas, in view of the likelihood of speculation inherent in the system on account of the exemption from payment of the duty, access to the imports in question should be limited to those operators who have lodged a security for importa- tion, who supply proof that they have exercised a commercial activity in the cereals sector for at least 12 months and who are registered in the Member State in which the application is submitted, Whereas special provisions governing the organization of imports, and in particular those relating to notices con- cerning import licence applications will be adopted in ac- cordance with the procedure laid down in Article 23 of Council Regulation (EEC) No 1766/92 (3, as last amended by Commission Regulation (EC) No 923/96 (%) 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 The import per marketing year of 10 000 tonnes of oat grains otherwise worked falling within CN codes () OJ No L 146, 20. 6. 1996, p. 1. () O] No L 181, 1. 7. 1992, p. 2I. () OJ No L 126, 24. 5. 1996, p. 37. 1104 22 52 and 1104 22 99, benefiting from a zero rate of import duty, shall be subject to an import licence issued in accordance with the provisions of this Regulation. However, for the 1995/96 marketing year, the maximum quantity to be imported shall be 5000 tonnes. Article 2 1. An application for an import licence in respect of the quantity stated in Article 1 shall be admissible subject to the following conditions: (a) the application shall relate to a maximum of 350 tonnes of oats to be imported; (b) where the application is submitted by an agent, it shall contain the name and address of the operator; (c) the application shall be accompanied by: — proof that the applicant is a natural or legal person who has exercised a commercial activity in the cereals sector for at least 12 months and is regis- tered in the Member State in which the applica- tion is submitted, — proof that a security of ECU 5 per tonne has been lodged with the competent authority of the Member State concerned, the security serving to establish the applicant’s good faith, — a written statement by the applicant certifying that he has submitted only one application. Where the applicant submits more than one application for an import licence in respect of the same product, all such applications shall be inadmissible. However, applications for import licences for oat grains otherwise worked submitted between 1 January 1996 and the date of entry into force of this Regulation shall be considered as having been submitted under this Regula- tion. To this end, Member States shall forward informa- tion as to the quantities specified in the applications for import licences for oat grains otherwise worked falling under the CN codes referred to in Article 1 submitted during that period to the Commission by telex, fax or telegram within 15 days of the date of the entry into force of this Regulation. On the basis of the quantities notified in this way, the Commission shall, where appropriate, apply the second subparagraph of Article 3 (3). 2. An application may not be withdrawn.