26.6.2004 Official Journal of the European Union L 227/11 COMMISSION REGULATION (EC) No 1185/2004 of 25 June 2004 opening a standing invitation to tender for the export 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 (1), and in particular Article 5 thereof, Whereas: (1)  Commission Regulation (EEC) No 2131/93 (3), 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 1 000 000 tonnes of rye held by the German intervention agency. (3)  Special rules must be laid down to ensure that the operations 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 Regulation (EEC) No 2131/93. (4)  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. (5)  The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, () OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regu- lation (EC) No 1104/2003 (O] L 158, 27.6.2003, p. 1). (® OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regu- lation (EC) No 777/2004 (O] L 23, 27.4.2004, p. 50). HAS ADOPTED THIS REGULATION: Article 1 Subject to this Regulation, the German intervention agency shall issue a standing invitation to tender in accordance with Regu- lation (EEC) No 2131/93 for the export of rye held by it. Article 2 1. The invitation to tender shall cover a maximum of 1000 000 tonnes of rye for export to third countries. 2. The regions in which the 1 000 000 tonnes of rye are stored are set out in Annex L Article 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, without monthly increase 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. Article 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 12912000 (¥). () O] L 152, 24.6.2000, p. 1.