L 12412 Official Journal of the European Union 20.5.2003 COMMISSION REGULATION (EC) No 864/2003 of 19 May 2003 opening a standing invitation to tender for the export to certain third countries of rye 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 1766/92 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)  Commission Regulation (EEC) No 3002/92 (), as last amended by Regulation (EC) No 770/96 (9, lays down common detailed rules for verifying the use and/or desti- nation of products from intervention. (3) By Regulation (EC) No 2441/2001 (), as amended by Regulation (EC) No 882/2002 (%), and by Regulation (EC) No 1080/2002 (), as amended by Regulation (EC) No 1851/2002 (*), the Commission opened standing invita- tions to tender for the export of rye held by the German intervention agency to zone VII and to certain third countries respectively. For the sake of clarity and ration- ality those Regulations should be replaced by a single act. (4)  Given the current market situation, a standing invitation to tender should be opened for the export to certain third countries of 1 200 000 tonnes of rye held by the German intervention agency. (5)  Special rules must be laid down to ensure that the opera- tions are properly carried out and monitored. To that end, securities should be lodged to ensure that the goals of the operations are achieved without excessive cost to the operators. Derogations should accordingly be made to certain rules, in particular those laid down in Regula- tion (EEC) No 2131/93. 1 () OJL 181, 1.7.1992, p. 21. () OJ L 193, 29.7.2000, p. 1. () OJ L 191, 31.7.1993, p. 76. () OJ L 187, 26.7.2000, p. 24. () OJ L 301,17.10.1992, p. 17. () OJ L 104, 27.4.1996, p. 13. () OJ L 329, 14.12.2001, p. 20. (¥ OJ L 139, 29.5.2002, p. 23. () OJ L 164, 22.6.2002, p. 11. (% OJ L 280, 18.10.2002, p. 3. ) 9 ) 9 (6)  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 should pay compensation. (7)  The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Atrticle 1 The German intervention agency shall issue a standing invita- tion to tender for the export of rye held by it in accordance with Regulation (EEC) No 2131/93, save as otherwise provided in this Regulation. Atticle 2 1. The invitation to tender shall cover a maximum of 1200 000 tonnes of rye for export to all third countries with the exception of Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Estonia, Facroe Islands, Georgia, Hungary, Iceland, Kazakhstan, Kyrghyzstan, Latvia, Liechtenstein, Lithuania, Moldova, Norway, Poland, Slovakia, Romania, Russia, Serbia and Montenegro, Slovenia, Switzerland, Tajikistan, Turkmenistan, Ukraine and Uzbekistan. 2. The quantity of rye referred to in paragraph 1 shall be stored in the regions listed in Annex I. Atticle 3 1. No export refund or tax or monthly increase shall be granted on exports carried out under this Regulation. 2. Article 8(2) of Regulation (EEC) No 2131/93 shall not apply. 3. 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, with no monthly increase.