Commission Regulation (EEC) No 400/86 of 21 February 1986 on the application of a special intervention measure for common wheat of bread-making quality

COMMISSION  REGULATION (EEC) No 400/86
of 21 February 1986
on the application of a special intervention measure for common wheat of bread-making quality
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 3793/85 (2), and in particular the first subparagraph of Article 8 (4) thereof,
Whereas there are at present considerable stocks of common wheat of bread-making quality without any foreseeable outlets in the near future; whereas this situation is threatening to undermine the stability of the market in that product; whereas, consequently, in accordance with Article 8 of Regulation (EEC) No 2727/75, provision should be made for the application of special intervention measures consisting of the purchase of common wheat of a quality to be determined;
Whereas such purchases will be made in accordance with the provisions of Commission Regulation (EEC) No 1629/77 of 20 July 1977 laying down detailed rules of application for special intervention measures to support the development of the market in common wheat of bread-making quality (3), as last amended by Regulation (EEC) No 2215/84 (4);
Whereas, however, the situation of the market in common wheat of bread-making quality is characterized by differing price levels and disposal possiblilities in the various Member States; whereas this situation justifies the fixing of maximum quantities that may be accepted into intervention in the individual Member States;
Whereas purchases should be made in accordance with Articles 1 and 2 of Council Regulation (EEC) No 2738/75 of 29 October 1975 laying down general rules for intervention on the market in cereals (5);
Whereas, since the quantities to be purchased are limited, measures must be applied to ensure that bona fide offers are made to the intervention agencies; whereas, to this end, provision should be made for the lodging, at the time when offers are submitted, of a security which will be forfeit if the offer is withdrawn or if the offer relates to a quality inferior to the minimum quality or if the offer does not correspond to a quantity actually held in store by the offerer;
Whereas, furthermore, since the quantities to be purchased are limited, a procedure must be applied by the Member States to ensure that offers accepted do not exceed the quantitative limits imposed; whereas, this procedure must provide in particular for the fixing of a percentage reduction to be applied if the volume of offers exceeds the limits imposed;
Whereas, the cost of testing and transporting goods offered is borne by the person making the offer; whereas this cost may prove excessive when, after the percentage reduction laid down is applied, the quantity eligible for purchase is below the minimum tonnage provided for in Article 5 (1) of Regulation (EEC) No 1629/77; whereas, in order to mitigate any disadvantages which could arise therefrom, the persons who have made offers should be authorized to withdraw the offers for the quantities in question without impairing their rights to the release of the security; whereas, however, the quantities withdrawn in this way should not be allocated to the other persons who submitted offers;
Whereas, in view of the qualitative requirements laid down, for the purpose of applying the special intervention measure, a difference of 5 % should be adopted between the price for common wheat of the quality taken into consideration and the price determined in accordance with Article 1 of Commission Regulation (EEC) No 2124/85 (6);
Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,