L 16416 Official Journal of the European Communities 22.6.2002 COMMISSION REGULATION (EC) No 1081/2002 of 21 June 2002 opening a standing invitation to tender for the export of barley held by the French 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 300 000 tonnes of barley held by the French 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 lod- gement scheme which ensures that aims are met while avoiding excessive costs for the operators. Derogations should accordingly be made to certain rules, in particular those laid down in Regulation (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 must pay compen- sation. (5)  The measures provided for in this Regulation are in ac- cordance with the opinion of the Management Commit- tee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 Subject to the provisions of this Regulation the French interven- tion agency issues a standing invitation to tender for the export of barley held by it in accordance with Regulation (EEC) No 2131/93. Atticle 2 1. The invitation to tender shall cover a maximum of 300 000 tonnes of barley for export to third countries, with the exception of the United States, Canada and Mexico. 2. The regions in which the 300 000 tonnes of barley are stored are set out in Annex L. J L 181, 1.7.1992, p. 21. J L 193, 29.7.2000, p. 1. J L 191, 31.7.1993, p. 76. J L 187, 26.7.2000, p. 24. 000 Article 3 1. Notwithstanding the third paragraph of Article 16 of Reg- ulation (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 ap- ply. Article 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 sub- mitted pursuant to Article 49 of Commission Regulation (EC) No 1291/2000 (), as last amended by Regulation (EC) No 2299/2001 (). Article 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 9.00 (Brussels time) on 27 June 2002. 2. The time limit for submission of tenders in respect of sub- sequent partial invitations to tender shall be 9.00 (Brussels time) each Thursday thereafter. 3. The last partial invitation to tender shall be 9.00 (Brussels time) on 22 May 2003. 4. Tenders shall be lodged with the French intervention agency. Article 6 1. The intervention agency, the storer and the successful ten- derer shall, at the request of the latter and by common agree- ment, either before or at the time of removal from storage as the successful 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. The analysis results shall be forwarded to the Commission in the event of a dispute. () OJ L 152, 24.6.2000, p. 1. ( OJ L 308,27.11.2001, p. 19.