Introductory text

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals^f1, and in particular Article 6 thereof,

Whereas:

Commission Regulation (EEC) No 2131/93^f2 lays down the procedure and conditions for the disposal of cereals held by intervention agencies.

Commission Regulation (EEC) No 3002/92^f3 lays down common detailed rules for verifying the use and/or destination of products from intervention.

Given the current situation of the market in cereals, in view of the quantities of cereals available in intervention stocks and the prospects for export of those cereals to third countries, standing invitations to tender should be opened for the export of cereals held by the intervention agencies of the Member States. Each of them should be considered to be a separate invitation to tender.

To ensure that the operations and their monitoring are properly effected, special monitoring arrangements adapted to the cereals sector should be laid down. To that end, securities should be lodged to ensure that the objectives laid down by the legislation are achieved without excessive cost to the operators.

Derogations should accordingly be made to certain rules, in particular those laid down in Regulation (EEC) No 2131/93 as regards the price to be paid, the time limits for submission of tenders and the amount of the securities, and in Regulation (EEC) No 3002/92 as regards the entries to be made on the export licence, the removal orders and, where applicable, the T5 copy.

To forestall reimportation, exports under this invitation to tender should be limited to certain third countries.

Pursuant to Article 7(2) of Regulation (EEC) No 2131/93, the lowest transport costs between the place of storage and the place of loading at the port or place of exit are reimbursed to the successful tenderer. For Member States which do not have sea ports, pursuant to Article 7(2a) of that Regulation the successful exporting tenderer may be reimbursed the lowest transport costs between the place of storage and the actual place of exit, up to a certain ceiling. This provision should be applied for the Member States concerned and the conditions for its application should be laid down.

With a view to the sound management of the system, provision should also be made for the electronic transmission of the information required by the Commission.

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION: