29. 6. 85 Official Journal of the European Communities No L 169/73 COMMISSION REGULATION (EEC) No 1806/85 of 28 June 1985 ' amending Regulation (EEC) No 1836/82 laying down the procedure and conditions for the disposal of cereals held by intervention agencies 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 organi- zation of the market in cereals ('), as last amended by Regulation (EEC) No 1018/84 (%), and in particular Atrticles 7 (5) and 8 (4) thereof, Whereas, pursuant to Article 3 of Council Regulation (EEC) No 2738/75 of 29 October 1975 laying down general rules for intervention on the market in cereals (}) and Article 3 of Council Regulation (EEC) No 1146/76 of 17 May 1976 on particular and special intervention measures for cereals (*), cereals held by the intervention agencies are to be disposed of by invi- - tation to tender; Whereas, pursuant to the provisions of Commission Regulation (EEC) No 1836/82 (%), disposal on the internal market must be on the basis of price condi- tions preventing deterioration of the market ; whereas that aim can be achieved if the selling price is equal to the local market price — account being taken of the quality put up for tender — without being below a given level in relation to the intervention or reference price increased by 1 % ; whereas, account being taken of the fixing of a period of payment on intervention of 120 to 140 days, this increase can no longer be justi- fied ; Whereas, in addition, account being taken of Article 4 (3) of Commission Regulation (EEC) No 1629/77 of 20 July 1977 laying down detailed rules of application for special intervention measures to support the develop- ment of the market in common wheat of bread- making quality (¥, as last amended by Regulation (EEC) No 2215/84 (), the provisions of Regulation (EEC) No 1836/82 relating to the minimum price to () OJ No L 281, 1. 11. 1975, p. 1. () OJ No L 107, 19. 4. 1984, p. 1. % OJ No L 281, 1. 11. 1975, p. 49. () OJ No L 130, 19. 5. 1976, p. 9. () OJ No L 202, 9. 7. 1982, p. 23. (9 OJ No L 181, 21. 7. 1977, p. 26. () O] No L 203, 31. 7. 1984, p. 20. be respected in the event of sales on the internal market should be adapted accordingly ; Whereas, pursuant to the provisions of the abovemen- tioned Regulation, the disposal of cereals for export must be on the basis of price conditions to be deter- mined in each case in the light of current market trends and requirements; whereas, however, detailed terms of payment for cereals in respect of which contracts for export have been awarded should be fixed in order to adapt them to the Community rules on the arrangements for export licences with advance-fixing of the refund; Whereas, with regard to common wheat, the quality of the lot put up for tender should be precisely deter- mined in order to better evaluate the tenders submitted at the time of sales on the Community market or for export ; whereas, therefore, it should be laid down that the intervention agencies should take the necessary steps to inform the parties concerned ; Whereas, in the light of the foregoing, Regulation (EEC) No 1836/82 should be amended; 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 Régulation (EEC) No 1836/82 is hereby amended as follows : - 1. Article 5 (1) is replaced by the following: ‘1. Successful tenders must offer a price at least equivalent to the market price for a similar quality recorded on the market for the place of storage or, failing such a price, the price on the nearest market taking account of transport costs. The tender price may not, in any circumstances, be lower than the intervention or reference prices applicable on the closing date for the submission of tenders, adjusted, as appropriate :