No L 283/12 " Official “Journal of the European Communities 18. 11. 93 -COMMiSSION REGULATION (EC) No 3162/93 of 17 November 1993 on the issuing of standing invitations to tender for the sale of common wheat of breadmaking quality held by the French and German intervention agencies for export to certain ACP countries in the 1993/94 marketing year THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (*), as amended by Commission Regula- tion (EEC) No 2193/93 (), and in particular Article 5 thereof, : Whereas Commission Regulation (EEC) No 2131/93 () lays down the procedure and conditions for the sale of cereals held by intervention agencies; Whereas, with a view to supplying the markets of the ACP ' countries, favoured partners of the Community, significant quantities of common wheat are required; whereas these markets are usually supplied on the basis of annual contracts to ensure stable prices for the ACP countries over a long period; whereas it is therefore necessary to issue a specific invitation to tender to ensure that users in these countries have access to common wheat of breadmaking quality in the 1993/94 marketing year under conditions appropriate to the highly compet- itive situation on the world market; Whereas the French and German intervention agencies hold significant stocks of common wheat of high bread- making quality ; whereas part of the wheat coming from the intervention stocks held by the aforementioned agen- cies should therefore be resold to the ACP countries so as to meet their quantitative and qualitative needs ; whereas to avoid encroaching on the economic effects of the fol- lowing marketing year, the common wheat successfully tendered for must be sent to the countries of destination by 31 August 1994 at the latest; Whereas the specific nature of the operation and the accounting position of the common wheat in question require greater flexibility in the mechanisms and obliga- tions governing the resale of intervention stocks and also require the exclusion of any refund or monthly increase ; whereas special procedures must be laid down to ensure that the operations and their monitoring are properly () OJ No L 181, 1. 7. 1992, p. 21. 3 OJ No L 196, S. 8. 1993, p. 22. () OJ No L 191, 31. 7. 1993, p. 76. effected ; whereas to that end provision should be made for a security lodgment scheme which ensures that the aims are met while avoiding excessive costs for the opera- tors ; whereas derogations should accordingly be made to certain rules, in particular those laid down in Regulation (EEC) No 2131/93; "~ Whereas, where removal of the wheat is delayed by more than five days, or the release of one of the securities required is delayed, for reasons imputable to the interven- tion agency the Member State concerned will have to pay compensation ; Whereas the Management Committee for Cereals has not delivered an opinjon within the time limit set by its chairman, HAS ADOPTED THIS REGULATION : Article 1 1. Two standing invitations to tender are hereby issued for the 1993/94 marketing year for the export of : — 500 000 tonnes of common wheat of breadmaking quality, held by the French intervention agency, — 100 000 tonnes of common wheat of breadmaking quality, held by the German intervention agency. 2. The common wheat must be exported to an ACP State or to several States within one of the groups of ACP States listed in Annex I 3. The regions in which the 500 000 tonnes of French and 100 000 tonnes of German common wheat of bread-- making quality are stored are listed in Annex IIL 4. The intervention agencies concerned shall prepare 2 notice of invitation to tender indicating for each lot or, where appropriate, each part lot: — the location, ‘ — and at least the following features: — specific weight, — moisture content, — Hagberg falling number, — impurity contents and sprouted grains, — protein content.