
Article 1 

1. A special intervention measure in the form of an export refund shall be implemented for 400 000 tonnes of oats produced in Finland and Sweden and intended for export from Finland and Sweden to all third countries, except Bulgaria, Norway, Romania and Switzerland.Article 13 of Regulation (EC) No 1784/2003 and the provisions adopted for the application of that Article shall apply, mutatis mutandis, to that refund.
2. The Finnish and Swedish intervention agencies shall be responsible for implementing the measure referred to in paragraph 1.
Article 2 

1. Tenders shall be invited in order to determine the amount of the refund referred to in Article 1(1).
2. The invitation to tender shall relate to the quantity of oats referred to in Article 1(1) for export to all third countries, except Bulgaria, Norway, Romania and Switzerland.
3. The invitation shall remain open until 30 June 2005. During its period of validity weekly awards shall be made, for which the time limits for the submission of tenders shall be specified in the notice of invitation to tender.Notwithstanding Article 4(4) of Regulation (EC) No 1501/95, the time limit for the submission of tenders for the first partial invitation to tender shall be 16 September 2004.
4. Tenders must be submitted to the Finnish and Swedish intervention agencies named in the notice of invitation.
5. The tendering procedure shall take place in accordance with this Regulation and Regulation (EC) No 1501/95.
Article 3 
Offers shall not be valid unless:

((a)) they relate to not less than 1 000 tonnes;
((b)) they are accompanied by a written undertaking from the tenderer specifying that they relate solely to oats grown in Finland and Sweden which are to be exported from those countries.
Where the undertaking referred to in (b) is not fulfilled, the security referred to in Article 12 of Commission Regulation (EC) No 1342/2003 shall be forfeited, except in cases of force majeure.
Article 4 
Under the tendering procedure laid down in Article 2, one of the following entries shall be made in box 20 of applications and export licences:

— Asetus (EY) N:o 1565/2004 — Todistus on voimassa ainoastaan Suomessa ja Ruotsissa,
— Förordning (EG) nr 1565/2004 — Licensen giltig endast i Finland och Sverige.
Article 5 
The refund shall be valid only for exports from Finland and Sweden.
Article 6 
The security referred to in Article 5(3)(a) of Regulation (EC) No 1501/95 shall be EUR 12 per tonne.
Article 7 

1. Notwithstanding Article 23(1) of Commission Regulation (EC) No 1291/2000, export licences issued in accordance with Article 8(1) of Regulation (EC) No 1501/95 shall, for the purpose of determining their period of validity, be deemed to have been issued on the day on which the tender was submitted.
2. Export licences issued according to the tendering procedure laid down in Article 2 shall be valid from their date of issue, as defined in paragraph 1 of this Article, until the end of the fourth month following that of issue.
3. Notwithstanding Article 11 of Regulation (EC) No 1291/2000, export licences issued according to the tendering procedure laid down in Article 2 of this Regulation shall be valid in Finland and Sweden only.
Article 8 
The Finnish and Swedish intervention agencies shall send the tenders submitted to the Commission not later than one-and-a-half hours following expiry of the deadline for the weekly submission of tenders as specified in the notice of invitation to tender using the form shown in the Annex.
If no tenders are received, the Finnish and Swedish intervention agencies shall inform the Commission thereof within the period specified in the first subparagraph.
The times fixed for the submission of tenders shall be Belgian time.
Article 9 
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 3 September 2004.
For the Commission
Franz FISCHLER
Member of the Commission
ANNEX
1 2 3
Serial numbers of tenderers Quantity in tonnes Amount of export refund (EUR per tonne)
1  
2  
3  
etc.  
