Introductory text

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^f1, and in particular Article 6 thereof,

Whereas:

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^f2 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.

The increased use of biofuels in Community transport forms part of a raft of measures designed to meet the Community’s environmental commitments. Promoting the use of biofuels may open up a new market for the agricultural products of the Member States.

Germany has significant intervention stocks of rye for which it is proving difficult to find markets and which should therefore be disposed of. To this end, sales on the Community market may be organised by tendering procedure with a view to processing the rye into bioethanol and its subsequent use for the production of biofuel in the Community, within the meaning of Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport^f3.

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.

It is also important for the German intervention agency’s notification to the Commission to maintain the anonymity of the tenderers.

With a view to modernising management, the information required by the Commission should be sent by electronic mail.

To enable checks on the particular destination of the stocks covered by tendering procedures, provision should be made for specific monitoring of, on the one hand, the delivery of the rye and its processing into bioethanol and, on the other hand, its subsequent use for the production of biofuel in the Community. 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^f4 and Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products^f5 respectively should be made compulsory.

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 the conditions for its release.

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

HAS ADOPTED THIS REGULATION: