Commission Regulation (EC) No 1862/2005 of 15 November 2005 opening a standing invitation to tender for the resale on the Community market of common wheat held by the Lithuanian intervention agency for processing into flour in the Community

16.11.2005 EN Official Journal of the European Union L 299/35
COMMISSION REGULATION (EC) No 1862/2005
of 15 November 2005
opening a standing invitation to tender for the resale on the Community market of common wheat held by the Lithuanian intervention agency for processing into flour in the Community
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 (1), and in particular Article 6 thereof,
Whereas:
(1) Commission Regulation (EEC) No 2131/93 of 28 July 1993 laying down the procedure and conditions for the sale of cereals held by intervention agencies (2) provides in particular that cereals held by intervention agencies are to be sold by tendering procedure at a selling price which is not below the price recorded on the market at the place of storage or, failing that, on the nearest market, account being taken of transport costs, for an equivalent quality and for a representative quantity preventing market disturbance.
(2) Due to adverse weather conditions at the time of the 2005 harvest, the forecast quantity of common wheat in Lithuania is insufficient to meet internal demand. Moreover, Lithuania has intervention stocks of common wheat, outlets for which are hard to find and which should therefore be disposed of. Sales on the Community market may therefore be organised by tendering procedure with a view to processing the common wheat into flour.
(3) To take account of the situation on the Community market, provision should be made for the Commission to manage this invitation to tender. In addition, provision must be made for an award coefficient for tenders offering the minimum selling price.
(4) To enable checks on the particular destination of the stocks covered by tendering procedures, provision should be made for specific monitoring of the delivery of the common wheat and its processing into flour. To permit this monitoring, application of the procedures laid down by Commission Regulation (EEC) No 3002/92 of 16 October 1992 laying down common detailed rules for verifying the use and/or destination of products from intervention (3), should be made compulsory.
(5) To guarantee proper performance, tenderers should be asked to lodge a security which, in view of the nature of the operations concerned, should be fixed by derogation from Regulation (EEC) No 2131/93, in particular as regards its level, which must be sufficient to guarantee the proper use of the products, and the conditions for its release, which must include proof of processing of the products into flour.
(6) It is also important that the Lithuanian intervention agency’s notification to the Commission should maintain the anonymity of the tenderers.
(7) With a view to modernising management, the information required by the Commission should be sent by electronic mail.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,