No L 45/22 Official Journal of the European Communities 22. 2. 86 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 (), as last amended by Regulation (EEC) No 3793/85 (%), 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 fore- seeable 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 (%; 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 inter- vention on the market in cereals (%) ; 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be made for the lodging, at the time when offers are submitted, of a security which will be forfeit if the offer is withdrawn or if the offer relates to a quality inferior to the minimum quality or if the offer does not correspond to a quantity actually held in store by the offerer;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 () OJ No L 281, 1. 11. 1975, p. 1. () OJ No L 367, 31. 12. 1985, p. 19. () OJ No L 181, 21. 7. 1977, p. 26. () OF No L 203, 31. 7. 1984, p. 20. () O No L 281, 1. 11. 1975, p. 49. 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(%); Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION : Article 1 1. The intervention agencies of the Member States listed below shall purchase, under the conditions laid down in this Regulation and in accordance with Articles 4 ~ (3) and 5 of Regulation (EEC) No 1629/77, the quantities of common wheat of bread-making quality presented to them which show the following additional characteristics : — a protein content (N X 5,7) in dry matter, of not less than 11 %, — a Hagberg falling number of at least 200, including the preparation (agitation) time of 60 seconds, — a dough obtained from this wheat which is considered as not sticking during the mechanical kneading process within the meaning of Article 2 of Regulation (EEC) No 1955/81 (). ) OJ No L 198, 30. 7. 1985, p. 31. () OF No L 198, 20. 7. 1981, p. 12.