
Article 1 
Regulation (EEC) No 2131/93 is hereby amended as follows:

1.. Article 5 is replaced by the following:
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Article 5 

1. For the resale of cereals on the Community market, tenders shall be drawn up on the basis of the actual quality of the lot to which they apply. The following additional conditions shall apply:
(a) in the case of resale of maize and grain sorghum during the first three months of the marketing year and of common wheat, durum wheat, rye and barley during the first two months of the marketing year, successful tenders shall quote a price at least equal to the intervention price applicable for the 11th month of the preceding marketing year, plus one monthly increase fixed for that year;
(b) in the case of resale during the rest of the marketing year, tenders may in no circumstances be lower than the intervention price applicable on the closing date for the submission of tenders. However, the intervention prices to be taken into account during the 12th month of the marketing year shall be those applicable for the 11th month, plus one monthly increase.For successful tenders, the minimum selling price shall be fixed at a level that does not distort the cereals markets and that is at least equal to the price recorded for an equivalent quality and for a representative quantity on the market at the place of storage or, failing that, on the nearest market, account being taken of transport costs.
2. Notwithstanding paragraph 1, sales on the Community market may be organised on the basis of specific invitations to tender for the processing of cereals into bioethanol and the use of this bioethanol to produce biofuels in the Community, provided that supply to traditional food markets is not threatened. In such cases, the minimum selling price shall be at least equal to the price recorded for an equivalent quality and for a representative quantity on the market of products used to produce biofuels, account being taken of transport costs.
3. If during the marketing year there are distortions in the common organisation of the market, in particular due to difficulties in selling cereals at the prices which comply with paragraph 1, or in cases of exceptional circumstances, sales on the Community market may be organised on the basis of specific invitations to tender under special conditions and selling prices fixed in accordance with the procedure set out in Article 25 of Regulation (EC) No 1784/2003.'
2.. The following Article 12a is added:
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Article 12a 
Each Member State shall forward by electronic means the representative market price expressed in national currency, per tonne, of every cereal listed in Article 5(1) of Regulation (EC) No 1784/2003 by 12.00 (Brussels time) every Wednesday. These prices must be calculated regularly, independently and transparently.
Member States shall indicate in particular the qualitative properties of each cereal, the stage of marketing and the place of quotation.'
3.. Article 13(1) is deleted.
Article 2 
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply to resales organised as of the 2006/2007 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 3 October 2006.
For the Commission
Mariann FISCHER BOEL
Member of the Commission