14.12.2001 Official Journal of the European Communities L 329/15 COMMISSION REGULATION (EC) No 2440/2001 of 13 December 2001 opening a standing invitation to tender for the export to third countries, with the exception of the countries in zone VII, of rye from harvests prior to 2001 held by the German intervention agency THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 176692 of 30 June 1992 on the common organisation of the market in cereals ('), as last amended by Regulation (EC) No 1666/ 2000 (3, and in particular Article 5 thereof, Whereas: (1)  Commission Regulation (EEC) No 2131/93 (}), as last amended by Regulation (EC) No 1630/2000 (%), lays down the procedure and conditions for the disposal of cereals held by intervention agencies. (2)  Given the current market situation, a standing invitation to tender should be opened for the export to third countries, with the exception of the countries in zone VII as defined in the Annex to Commission Regulation (EEC) No 2145/92 (%), as amended by Regulation (EC) No 3304/94 (°), of 299 975 tonnes of rye from harvests prior to 2001 held by the German intervention agency. (3)  Special procedures must be laid down to ensure that the operations and their monitoring are properly effected. To that end, provision should be made for a security lodgement scheme which ensures that aims are met while avoiding excessive costs for the operators. Deroga- tions should accordingly be made to certain rules, in particular those laid down in Regulation (EEC) No 2131/ 93. (4)  Where removal of the rye is delayed by more than five days or the release of one of the securities required is delayed for reasons imputable to the intervention agency, the Member State concerned must pay compensation. (5)  Measures provided for in this Regulation, are in accord- ance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 Subject to the provisions of this Regulation, the German inter- vention agency issues a standing invitation to tender for the ) ) ( 181, 1.7.1992, p. 21. ( ) ( ( ( 193, 29.7.2000, p. 1. 191, 31.7.1993, p. 76. 187, 26.7.2000, p. 24. 214, 30.7.1992, p. 20. 341, 30.12.1994, p. 48. = ) ) ) 5 export of rye held by it in accordance with Regulation (EEC) No 2131/93. Article 2 1. The invitation to tender shall cover a maximum of 299 975 tonnes of rye from harvests prior to 2001 for export to third countries, with the exception of the countries in zone VII as defined in the Annex to Regulation (EEC) No 2145/92. 2. The regions in which the 299 975 tonnes of rye from harvests prior to 2001 are stored are set out in Annex L Article 3 1. Notwithstanding the third paragraph of Article 16 of Regulation (EEC) No 2131/93, the price to be paid for the export shall be that quoted in the tender. 2. No export refund or tax or monthly increase shall be granted on exports carried out pursuant to this Regulation. 3. Article 8(2) of Regulation (EEC) No 2131/93 shall not apply. Atrticle 4 1. The export licences shall be valid from their date of issue within the meaning of Article 9 of Regulation (EEC) No 2131/ 93 until the end of the fourth month thereafter. 2. Tenders submitted in response to this invitation to tender may not be accompanied by export licence applications submitted pursuant to Article 49 of Commission Regulation (EC) No 1291/2000 (). Atticle 5 1. Notwithstanding Article 7(1) of Regulation (EEC) No 2131/93, the time limit for submission of tenders in respect of the first partial invitation to tender shall be 9 a.m. (Brussels time) on 20 December 2001. 2. The time limit for submission of tenders in respect of subsequent partial invitations to tender shall be 9 a.m. (Brussels time) each Thursday thereafter. 3. The last partial invitation to tender shall be 9 a.m. (Brus- sels time) on 23 May 2002. 4. Tenders shall be lodged with the German intervention agency. () O] L 152, 24.6.2000, p. 1.