Commission Regulation (EC) No 1465/2006 of 3 October 2006 amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies
Date: 2006-10-03
Institutions: European Commission
Subjects: award of contract, cereals, intervention agency, intervention price, minimum price, sale

4.10.2006

EN

Official Journal of the European Union

L 273/3

COMMISSION REGULATION (EC) No 1465/2006

of 3 October 2006

amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of
cereals held by intervention agencies

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1784/2003 of 29
September 2003 on the common organisation of the market in
cereals (1), and in particular Article 6 and the second paragraph
of Article 24 thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EEC) No 2131/93 (2) lays down
in particular the price conditions to be met when selling
products on the Community market.

Products held in intervention storage are intended first
and foremost for food and feed uses, to take account of
specific situations on the cereals market. However, the
quantity and quality of
the products in intervention
temporarily and occasionally, make it
storage may,
them for other purposes,
necessary to dispose of
in
the Community’s undertakings,
particular
where the situation of stocks so warrants and where
supply to traditional food markets is not threatened.

to meet

the Community’s

The rise in processing cereals to produce biofuels for use
in Community transport forms part of a raft of measures
designed to meet
environmental
commitments. Promoting the use of biofuels may
therefore open a new market for agricultural products
held in intervention storage in the Member States,
provided that prices applicable to the sale of cereals
reflect
in biofuels. Nonetheless,
purchasing cereals to produce bioethanol and its use as
a biofuel may prove particularly difficult. Provision
should therefore be made for selling intervention stocks
at special prices in such cases.

specific market

this

(4)

Intervention stocks of cereals are sold on the Community
market according to availability and market conditions.
Sales may be influenced by or dependent upon specific
or exceptional circumstances on those markets, and must
therefore be able to take account of such situations. To

(1) OJ L 270, 21.10.2003, p. 78. Regulation as

(EC) No 1154/2005 (OJ

amended by
L 187,

Commission Regulation
19.7.2005, p. 11).

(2) OJ L 191, 31.7.1993, p. 76. Regulation as last amended by Regu-

lation (EC) No 749/2005 (OJ L 126, 19.5.2005, p. 10).

this end, provision should be made for prices that avoid
market disturbances and ensure that sales reflect
the
twofold objective can be
above circumstances. This
achieved if the selling price is equal to the price on the
market concerned, account being taken of the quality of
the cereals put up for sale by tender and of transport
costs.

the cereals
In the interests of sound management of
the information to be commu-
intervention scheme,
nicated by Member States to the Commission should
be clarified. This information should be sent by electronic
means.

Regulation (EEC) No 2131/93 should therefore be
amended accordingly.

The Management Committee
for Cereals has not
delivered an opinion within the time limit set by its
chairman,

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2131/93 is hereby amended as follows:

1. Article 5 is replaced by the following:

‘Article 5

For the resale of cereals on the Community market,
1.
tenders shall be drawn up on the basis of
the actual
quality of the lot to which they apply. The following addi-
tional conditions shall apply:

(a)

in the case of resale of maize and grain sorghum during
the first three months of the marketing year and of
common wheat, durum wheat, rye and barley during
the first two months of the marketing year, successful
tenders shall quote a price at least equal to the inter-
vention price applicable for the 11th month of
the
preceding marketing year, plus one monthly increase
fixed for that year;

L 273/4

EN

Official Journal of the European Union

4.10.2006

(b) in the case of resale during the rest of the marketing
year, tenders may in no circumstances be lower than the
intervention price applicable on the closing date for the
submission of tenders. However, the intervention prices
to be taken into account during the 12th month of the
marketing year shall be those applicable for the 11th
month, plus one monthly increase.

For successful tenders, the minimum selling price shall be
fixed at a level that does not distort the cereals markets and
that is at least equal to the price recorded for an equivalent
quality and for a representative quantity on the market at the
failing that, on the nearest market,
place of storage or,
account being taken of transport costs.

Notwithstanding paragraph 1, sales on the Community
2.
market may be organised on the basis of specific invitations
to tender for the processing of cereals into bioethanol and
to produce biofuels in the
the use of
this bioethanol
Community, provided that
food
supply to traditional
the minimum
threatened.
markets is not
selling price shall be at least equal to the price recorded
for an equivalent quality and for a representative quantity
on the market of products used to produce biofuels, account
being taken of transport costs.

In such cases,

If during the marketing year there are distortions in the
3.
in particular due to
common organisation of the market,
the prices which comply
difficulties in selling cereals at
with paragraph 1, or in cases of exceptional circumstances,
sales on the Community market may be organised on the
basis of
special
conditions and selling prices fixed in accordance with the

to tender under

invitations

specific

procedure set out
1784/2003.’

in Article 25 of Regulation (EC) No

2. The following Article 12a is added:

‘Article 12a

Each Member State shall forward by electronic means the
representative market price expressed in national currency,
per tonne, of every cereal listed in Article 5(1) of Regulation
every
(EC) No 1784/2003 by 12.00 (Brussels
Wednesday. These prices must be calculated regularly, inde-
pendently and transparently.

time)

Member States shall
indicate in particular the qualitative
properties of each cereal, the stage of marketing and the
place of quotation.’

3. Article 13(1) is deleted.

Article 2

This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.

shall apply to resales organised as of

It
marketing year.

the 2006/2007

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 3 October 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission