11. 10. 95 Official Journal of the European Communities No L 242/3 COMMISSION REGULATION (EC) No 2372/95 of 10 October 1995 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 1995/96 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 last amended by Regulation (EC) No 1863/95 (3, and in particular Article 5 thereof, Whereas Commission Regulation (EEC) No 2131/93 (¥, as amended by Regulation (EC) No 120/94 (%), lays down the procedure and conditions for the disposal 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 regular contracts to ensure stable prices for the ACP countries over a certain 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 under conditions appro- priate to the highly competitive 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 take account of the world market situation the common wheat successfully tendered for must be sent to the countries of destination by 31 January 1996 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 exclusion of any refund, or monthly increase ; whereas special procedures must be laid down to ensure J No L 181, 1. 7. 1992, p. 21. J No L 179, 29. 7. 1995, p. 1. J No L 191, 31. 7. 1993, p. 76. J No L 21, 26. 1. 1994, p. 1. that the operations and their monitoring are properly 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, in addition to the conditions laid down in Article 30 of Commission Regulation (EEC) No 3719/88 (), as last amended by Regulation (EC) No 2137/95 (), provision should be made for the release for consumption in the ACP State(s) laid down in the Regula- tion ; 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 measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION : Article 1 1. Two standing invitations to tender are hereby issued for the export of : — 150 000 tonnes of common wheat of breadmaking quality, held by the French intervention agency, — 350 000 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 L 3. The regions in which the 150 000 tonnes of French and 350 000 tonnes of German common wheat of bread- making quality are stored are listed in Annex IL () OJ No L 331, 2. 12. 1988, p. 1. () O] No L 214, 8. 9. 1995, p. 21.