Commission Regulation (EC) No 712/20072 opened standing invitations to tender for the resale on the Community market of cereals held by the intervention agencies of the Member States. Annex I to this Regulation provides for 27 502 tonnes of common wheat held by the Hungarian intervention agency.

Commission Regulation (EC) No 1539/2006 of 13 October 2006 adopting a plan allocating resources to the Member States to be charged against 2007 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community3 lays down, amongst other things, the quantity of each type of product to be withdrawn from the stocks held by the intervention agencies. These quantities include, as stated in point 9 of Annex III to Regulation (EC) No 1539/2006 and in the form of authorised intra-Community transfers, 96 712 tonnes of common wheat held by the Hungarian intervention agencies destined for Romania. Under the second subparagraph of Article 3(2) of Commission Regulation (EEC) No 3149/92 of 29 October 1992 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community4, any quantities that have not been withdrawn from intervention stocks by 30 September in the year of plan implementation are no longer to be allocated to the Member State to which they were assigned. On 5 September 2007 the Romanian authorities informed the Commission that it would be impossible to comply with that deadline. As a result, and in view of the situation on the market in common wheat, that quantity of 96 712 tonnes of common wheat should be recovered and added to the quantity made available for sale under the invitation to tender opened by Regulation (EC) No 712/2007.

Regulation (EC) No 712/2007 should be amended accordingly.

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,