31.5.2002 Official Journal of the European Communities L 142/17 COMMISSION REGULATION (EC) No 901/2002 of 30 May 2002 opening an invitation to tender for the refund for the export of barley to all third countries except the United States of America, Canada, Estonia and Latvia 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 (), Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 176692 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (%), as last amended by Regulation (EC) No 602/2001 (¥, and in particular Article 4 thereof, Whereas: (1)  In view of the current situation on the cereals market, an invitation should be opened, in respect of barley to tender for the export refund provided for in Article 4 of Regulation (EC) No 1501/95. (2)  The detailed procedural rules governing invitations to tender are as regards the fixing of the export refund in Regulation (EC) No 1501/95. The commitments on the part of the tenderer include an obligation to lodge an application for an export licence. Compliance with this obligation may be ensured by requiring tenderers to lodge a tendering security of EUR 12 per tonne when they submit their tenders. (3) It is necessary to provide for a specific period of validity for licences issued under that invitation to tender. That period of validity must meet the needs of the world market for the 2002/03 marketing year. (4)  In order to ensure that all those concerned are treated equally, it is necessary to lay down that the period of validity of the licences issued should be identical. (5)  In order to ensure the smooth operation of the export tendering procedure it is appropriate to prescribe a minimum quantity to be tendered for and a time limit and form for the communication of tenders submitted to the competent authorities. (6)  The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, () OJ L 181, 1.7.1992, p. 21. () O] L 193, 29.7.2000, p. 1. () O] L 147, 30.6.1995, p. 7. () O] L 89, 29.3.2001, p. 16. HAS ADOPTED THIS REGULATION: Article 1 1. Tenders shall be invited for the export refund provided for in Article 4 of Regulation (EC) No 1501/95. 2. The tendering procedure shall concern barley for export to all third countries except the United States, Canada, Estonia and Latvia. 3. The invitation shall remain open until 22 May 2003. During this period weekly awards shall be made, for which the quantities and the time limits for the submission of tenders shall be as prescribed in the notice of invitation to tender. Notwithstanding Article 4(4) of Regulation (EC) No 1501/95, the time limit for the submission of tenders for the first partial invitation to tender shall be 6 June 2002. Article 2 A tender shall be valid only if it relates to an amount of not less than 1000 tonnes. Article 3 The security referred to in Article 5(3a) of Regulation (EC) No 1501/95 shall be EUR 12 per tonne. Atrticle 4 1. Notwithstanding Article 23(1) of Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (°), export licences issued under Article 8(1) of Regu- lation (EC) No 1501/95 shall, for the purpose of determining their period of validity, be deemed to have been issued on the day on which the tender was submitted. 2. Export licences issued in connection with the invitations to tender pursuant to this Regulation shall be valid from their date of issue, as defined in paragraph 1, until the end of the fourth month following that of issue. Atticle 5 Notwithstanding Article 16 of Commission Regulation (EC) No 800/1999 (%), as last amended by Regulation (EC) No 2299/ 2001 (7), proof of completion of customs formalities for release for consumption shall not be required for payment of refunds fixed in a contract awarded under this tender, in so far as the operator provides proof that a quantity of at least 1 500 tonnes of cereal products have left the customs territory of the Community on board a vessel suitable for sea transport. 0] L 152, 24.6.2000, p. 1. (9 O] L 102, 17.4.1999, p. 11. 0] L 308, 27.11.2001, p. 19.