No L 57/12 Official Journal of the European Communities 7. 3. 96 COMMISSION REGULATION (EC) No 411/96 of 6 March 1996 on detailed rules of application as regards import licences for oats falling within CN code 1004 00 00 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3093/95 of 22 December 1995 laying down the rates of duty to be applied by the Community resulting from negotiations under GATT Article XXIV (6) consequent upon the accession of Austria, Finland and Sweden to the European Union ('), and in particular Article 5 thereof, Whereas, pursuant to the provisions of the agreement concerning the conclusion of negotiations between the Community and Australia under Article XXIV (6) of the GATT, the Community has undertaken to establish for each marketing year with effect from 1 January 1996 a tariff quota at a duty of ECU 89 per tonne, for 21 000 tonnes of oats falling within CN code 1004 00 00, of a minimum specific weight of 55 kg/hl, of a maximum moisture content of 12 % and with a maximum grain impurities content of 2 %; Whereas those imports are subject to the presentation of an import licence; whereas it is necessary to specify the conditions governing the issue of such licences; Whereas the proper administration of the imports requires the introduction of a system of securities; whereas, given the likelihood of speculation inherent in the system as a result of the reduced duty, access to the imports in question should be restricted to operators who have lodged a security for the import of oats, who provide proof that they have conducted a commercial activity in the cereals sector for at least twelve months and who are registered in the Member State in which the application is submitted; 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 1. The import, per marketing year, of 21 000 tonnes of oats falling within CN code 10040000, having a minimum specific weight of 55 kg/hl, a maximum mois- ture content of 12 % and a maximum content of grains of cereals other than oats of 2 %, eligible for an import duty of ECU 89 per tonne in accordance with the Council Regulation No 3093/95, shall be subject to the () OJ No L 334, 30. 12. 1995, p. 1. issue of an import licence in accordance with the provi- sions of this Regulation. However, the quantity to be imported during the 1995/96 marketing year shall be 10 500 tonnes. 2. The provisions of Commission Regulation (EEC) No 3719/88 (3 shall apply, unless otherwise stated in this Regulation. Article 2 1. Applications for import licences under the quanti- ties mentioned in Article 1 (1) shall be admissible only if accompanied by: — proof that the applicant is a physical or legal person who has conducted a commercial activity in the cereals sector for at least twelve months and who is registered in the Member State in which the applica- tion was submitted, — proof that a security of ECU § per tonne has been lodged with the competent authority of the Member State concerned, intended to establish the good faith of the applicant, — the written undertaking of the applicant to lodge with the customs authorities of the Member State concerned on the date of acceptance of the declara- tion for release for free circulation of a security rela- ting to the performance of the import of an amount equal to that of the duty referred to in Article 10 of Council Regulation (EEC) No 1766/92 (°) applicable on the date of the application, less ECU 89. 2.  Applications for import licences shall be lodged with the competent authorities of the Member States by 13.00 (Brussels time) on the second working Monday of each month. However, applications for licences for the import of oats falling within CN code 1004 00 00 of a quality confor- ming to the provisions of Article 1 lodged between 1 January 1996 and the date of entry into force of this Regulation, shall be considered as having been lodged under the provisions of this Regulation. To that end, Member States shall notify the Commission by telex, telefax or telegram within 15 days of the entry into force of this Regulation of the quantities contained in the applications for licences for the import of oats of a quality conforming to the provisions of Article 1 during the abovementioned period. Where import licences were () OJ No L 331, 2. 12. 1988, p. 1. () O] No L 181, 1. 7. 1992, p. 21.