25.2.2003 Official Journal of the European Union L 50/15 COMMISSION REGULATION (EC) No 346/2003 of 24 February 2003 on the opening of a standing invitation to tender for the resale on the Community market of rice held by the French intervention agency for use in animal feed THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (1), as last amended by Regulation (EC) No 411/2002 (3), and in particular Article 8(b) thereof, Whereas: (1)  Commission Regulation (EEC) No 75/91 of 11 January 1991 laying down the procedures and conditions for the disposal of paddy rice held by intervention agencies (°) provides among other things that rice held by interven- tion agencies is to be sold by tendering procedure at prices preventing market disturbance. (2)  France has intervention stocks of paddy rice from harvests earlier than 1999 the quality of which is in danger of deteriorating if kept in prolonged storage. (3)  Disposing of this rice on traditional markets inside the Community would inevitably trigger off — in the present production situation where concessions for rice imports are being granted under international agree- ments — the placing of an equivalent quantity in inter- vention, which must be avoided. (4)  This rice could be disposed of in the animal feed sector, on special conditions. (5)  In order to ensure that the rice is used for the purpose specified, provision should be made for special moni- toring and for the successful tenderer to provide a security, the conditions for the release of which should be laid down. (6)  The undertakings given by tenderers must be regarded as primary requirements within the meaning of Commis- sion Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (%), as last amended by Regulation (EC) No 1932/1999 (°). () OJ L 329, 30.12.1995, p. 18. () OJ L 62, 5.3.2002, p. 27. () OJL9,12.1.1991, p. 15. () OJ L 205, 3.8.1985, p. 5. () OJ L 240, 10.9.1999, p. 11. (7)  Commission Regulation (EEC) No 3002/92 (%), as last amended by Regulation (EC) No 770/96 (), lays down common detailed rules for verifying the use of products from intervention. Procedures should also be laid down to ensure the traceability of the products used for animal feed. (8)  The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Atrticle 1 The French intervention agency shall offer for sale by standing invitation to tender on the Community internal market a quan- tity of rice as referred to in Annex I from the 1998 harvest for use in preparations of a kind used in animal feeding (products falling within CN code 2309). Atticle 2 1. The sale provided for in Article 1 shall take place in accordance with Regulation (EEC) No 75/91. However, notwithstanding Article 5 of that Regulation: (a) tenders shall be drawn up on the basis of the actual quality of the lot to which they apply; (b) the minimum sale price shall be set at a level that does not disturb the market for cereals within the Community. 2. Tenderers shall give an undertaking: (a) where they are feed manufacturers: — to use in animal feed, within three months of the date of the award of the contract, rice for which they are declared the successful tenderer, save in cases of force majeure, — to carry out immediately, under the supervision of the competent authorities at a place determined by agree- ment with them, the treatments described in Annex II or in Annex III, designed to ensure verification of the use made of the rice and the traceability of the products; () OJ L 301, 17.10.1992, p. 17. () OJ L 104, 27.4.1996, p. 13.