Opinion of the Advocate General — ECLI:EU:C:2003:53
Date: 2003-01-23
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: African, Caribbean and Pacific States (ACP);Agriculture and Fisheries;Cereals;External relations;Monetary measures in the field of agriculture
Procedure: Reference for a preliminary ruling
Origin: Germany

SUMMARY — CASE C-334/01 
Summary of the Judgment 
Agriculture — Common organisation of the markets — Cereals — Common wheat — 
System of standing invitation to tender — Release of the security — Condition — 
Production of proof of entry for consumption into the State of destination — Time-
limit — Whether it is possible to exceed the statutory period in the event of force majeure 
or the grant of further time 
(Commission Regulations No 3665/87, Art. 47(2), and No 2372/95, second indent of the 
second subparagraph of Art. 8(2)) 
The second indent of the second subpara­
graph of Article 8(2) of Regulation 
No 2372/95 on the issuing of standing 
invitations to tender for the sale of com­
mon wheat of breadmaking quality held by 
the French and German intervention 
agencies for export to certain ACP coun­
tries in the 1995196 marketing year must be 
interpreted as meaning that proof of 
importation of the goods into the ACP 
State or States concerned, which is necess­
ary for release of the security of ECU 40 pel­
tonne, must be supplied, in accordance 
with Article 47(2) of Regulation 
No 3665/87 laying down common detailed 
rules for the application of the system of 
export refunds on agricultural products, as 
amended by Regulation No 2955/94, 
within 12 months following the date of 
acceptance of the export declaration, 
except in cases of force majeure or where 
the exporter, having acted with diligence in 
seeking to obtain that proof, is unable to 
submit it within that period and the 
competent authority has granted an exten­
sion of the deadline. 
(see paras 44, 48-49, 51, operative part) 
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