7.12.2002 Official Journal of the European Communities L 331/5 COMMISSION REGULATION (EC) No 2177/2002 of 6 December 2002 opening a standing invitation to tender for the export of barley held by the Swedish 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 (1), 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 of 36 093 tonnes of barley held by the Swedish intervention agency. (3)  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 operation 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. (4)  Where removal of the barley 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. (5)  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 Subject to this Regulation, the Swedish intervention agency shall issue a standing invitation to tender in accordance with Regulation (EEC) No 2131/93 for the export of barley held by it. Atticle 2 1. The invitation to tender shall cover a maximum of 36 093 tonnes of barley for export to third countries, with the exception of the United States of America, Canada and Mexico. () 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. 2. The regions in which the 36 093 tonnes of barley are stored are set out in Annex L Atticle 3 1. As an exception to 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 under this Regulation. 3. Article 8(2) of Regulation (EEC) No 2131/93 shall not apply. Atrticle 4 1. 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 under Article 49 of Commission Regulation (EC) No 1291/2000 (). Atrticle 5 1. As an exception to Article 7(1) of Regulation (EEC) No 2131/93, the time limit for submission of tenders under the first partial invitation to tender shall be 09.00 (Brussels time) on 12 December 2002. 2. The time limit for submission of tenders under subse- quent partial invitations to tender shall be 09.00 (Brussels time) each Thursday thereafter. 3. The last partial invitation to tender shall expire at 09.00 (Brussels time) on 22 May 2003. 4. Tenders must be lodged with the Swedish intervention agency. Atticle 6 1.  The intervention agency, the storer and a successful tenderer shall, at the request of the latter and by common agreement, either before or at the time of removal from storage as the tenderer chooses, take reference samples for counter- analysis at the rate of at least one sample for every 500 tonnes and shall analyse the samples. The intervention agency may be represented by a proxy, provided this is not the storer. () OJ L 152, 24.6.2000, p. 1.