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( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .
( 2 ) OPINION DELIVERED ON 16 OCTOBER 1975 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ) .
( 3 ) OJ NO 279 , 18 . 11 . 1967 , P . 2 .
( 4 ) OJ NO L 100 , 28 . 4 . 1969 , P . 8 .
REGULATION ( EEC ) NO 2731/75 OF THE COUNCIL OF 29 OCTOBER 1975 FIXING STANDARD QUALITIES FOR COMMON WHEAT , RYE , BARLEY , MAIZE AND DURUM WHEAT
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ;
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 ( 1 ) OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS , AND IN PARTICULAR ARTICLE 2 ( 4 ) THEREOF ;
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ;
WHEREAS THE COMMON PRICES FOR COMMON WHEAT , RYE , BARLEY , MAIZE AND DURUM WHEAT MUST BE FIXED WITH REFERENCE TO SPECIFIC STANDARD QUALITIES ; WHEREAS THESE SHOULD CORRESPOND AS FAR AS POSSIBLE TO THE AVERAGE QUALITIES OF THOSE CEREALS HARVESTED WITHIN THE COMMUNITY ;
WHEREAS THE STANDARD QUALITIES WERE FIXED BY COUNCIL REGULATION NO 865/67/EEC ( 3 ) OF 14 NOVEMBER 1967 ; WHEREAS THE DEFINITIONS CONTAINED IN THAT REGULATION OF MATTER OTHER THAN BASIC CEREALS OF UNIMPAIRED QUALITY HAVE BEEN DIFFICULT TO APPLY ; WHEREAS THEY SHOULD THEREFORE BE MADE MORE SPECIFIC AND , MOREOVER , THE METHODS OF DETERMINING SUCH MATTER AND THE MOISTURE CONTENT SHOULD BE SUPPLEMENTED AND HARMONIZED ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
THE STANDARD QUALITY FOR WHICH THE TARGET PRICE AND THE INTERVENTION PRICES FOR COMMON WHEAT ARE FIXED IS DEFINED AS FOLLOWS :
( A ) COMMON WHEAT OF A SOUND AND FAIR MARKETABLE QUALITY , FREE FROM ABNORMAL SMELL AND LIVE PESTS , OF A COLOUR PROPER TO THIS CEREAL AND OF A QUALITY CORRESPONDING TO THE AVERAGE QUALITY OF COMMON WHEAT HARVESTED UNDER NORMAL CONDITIONS IN THE COMMUNITY ;
( B ) MOISTURE CONTENT : 16 % ;
( C ) TOTAL PERCENTAGE OF MATTER OTHER THAN BASIC CEREALS OF UNIMPAIRED QUALITY : 5 % , OF WHICH :
- PERCENTAGE OF BROKEN GRAINS : 2 % ,
- PERCENTAGE OF GRAIN IMPURITIES : 1.5 % ( " GRAIN IMPURITIES " MEANS SHRIVELLED GRAINS , GRAINS OF OTHER CEREALS , GRAINS DAMAGED BY PESTS AND GRAINS SHOWING DISCOLORATION OF THE GERM ) ,
- PERCENTAGE OF SPROUTED GRAINS : 1 % ,
- PERCENTAGE OF MISCELLANEOUS IMPURITIES : 0.5 % ( " MISCELLANEOUS IMPURITIES " CONSIST OF WEED SEEDS , DAMAGED GRAINS , EXTRANEOUS MATTER , HUSKS , ERGOT , DECAYED GRAINS , DEAD INSECTS AND FRAGMENTS OF INSECTS ) ;
( D ) SPECIFIC WEIGHT : 75 KILOGRAMMES PER HECTOLITRE .
ARTICLE 2
THE STANDARD QUALITY FOR WHICH THE TARGET PRICE AND THE INTERVENTION PRICE FOR RYE ARE FIXED IS DEFINED AS FOLLOWS :
( A ) RYE OF A SOUND AND FAIR MARKETABLE QUALITY , FREE FROM ABNORMAL SMELL AND LIVE PESTS , OF A COLOUR PROPER TO THIS CEREAL AND OF A QUALITY CORRESPONDING TO THE AVERAGE QUALITY OF RYE HARVESTED UNDER NORMAL CONDITIONS IN THE COMMUNITY ;
( B ) MOISTURE CONTENT : 16 % ;
( C ) TOTAL PERCENTAGE OF MATTER OTHER THAN BASIC CEREALS OF UNIMPAIRED QUALITY : 5 % , OF WHICH :
- PERCENTAGE OF BROKEN GRAINS : 2 % ,
- PERCENTAGE OF GRAIN IMPURITIES : 1.5 % ( " GRAIN IMPURITIES " MEANS SHRIVELLED GRAINS , GRAINS OF OTHER CEREALS AND GRAINS DAMAGED BY PESTS ) ,
- PERCENTAGE OF SPROUTED GRAINS : 1 % ,
- PERCENTAGE OF MISCELLANEOUS IMPURITIES : 0.5 % ( " MISCELLANEOUS IMPURITIES " CONSIST OF WEED SEEDS , DAMAGED GRAINS , EXTRANEOUS MATTER , HUSKS , ERGOT , DEAD INSECTS AND FRAGMENTS OF INSECTS ) ;
( D ) SPECIFIC WEIGHT : 71 KILOGRAMMES PER HECTOLITRE .
ARTICLE 3
THE STANDARD QUALITY FOR WHICH THE TARGET PRICE AND THE INTERVENTION PRICE FOR BARLEY ARE FIXED IS DEFINED AS FOLLOWS :
( A ) BARLEY OF A SOUND AND FAIR MARKETABLE QUALITY , FREE FROM ABNORMAL SMELL AND LIVE PESTS , OF A COLOUR PROPER TO THIS CEREAL AND OF A QUALITY CORRESPONDING TO THE AVERAGE QUALITY OF BARLEY HARVESTED UNDER NORMAL CONDITIONS IN THE COMMUNITY ;
( B ) MOISTURE CONTENT : 16 % ;
( C ) TOTAL PERCENTAGE OF MATTER OTHER THAN BASIC CEREALS OF UNIMPAIRED QUALITY : 4 % , OF WHICH :
- PERCENTAGE OF GRAIN IMPURITIES : 2 % ( " GRAIN IMPURITIES " MEANS SHRIVELLED GRAINS , GRAINS OF OTHER CEREALS AND GRAINS DAMAGED BY PESTS ) ,
- PERCENTAGE OF SPROUTED GRAINS : 1 % ,
- PERCENTAGE OF MISCELLANEOUS IMPURITIES : 1 % ( " MISCELLANEOUS IMPURITIES " CONSIST OF WEED SEEDS , DAMAGED GRAINS , EXTRANEOUS MATTER , HUSKS , DEAD INSECTS AND FRAGMENTS OF INSECTS ) ;
( D ) SPECIFIC WEIGHT : 67 KILOGRAMMES PER HECTOLITRE .
ARTICLE 4
THE STANDARD QUALITY FOR WHICH THE TARGET PRICE AND THE INTERVENTION PRICE FOR MAIZE ARE FIXED IS DEFINED AS FOLLOWS :
( A ) MAIZE OF A SOUND AND FAIR MARKETABLE QUALITY , FREE FROM ABNORMAL SMELL AND LIVE PESTS ;
( B ) MOISTURE CONTENT : 15 % ;
( C ) TOTAL PERCENTAGE OF MATTER OTHER THAN BASIC CEREALS OF UNIMPAIRED QUALITY : 8 % , OF WHICH :
- PERCENTAGE OF BROKEN GRAINS : 2 % ( " BROKEN GRAINS " MEANS PIECES OF GRAIN OR GRAINS WHICH PASS THROUGH A SIEVE WITH A CIRCULAR MESH 4.5 MILLIMETRES IN DIAMETER ) ,
- PERCENTAGE OF GRAIN IMPURITIES : 4 % ( " GRAIN IMPURITIES " MEANS GRAINS OF OTHER CEREALS , GRAINS DAMAGED BY PESTS AND GRAINS OF ABNORMAL COLORATION , THE LATTER BEING GRAINS WHICH HAVE ACQUIRED THROUGH HEATING A DARKISH BROWN COLOUR ON A FAIRLY SUBSTANTIAL PART OF THE TEGUMENT AND OF THE KERNEL AND ARE NOT DAMAGED GRAINS ) ,
- PERCENTAGE OF SPROUTED GRAINS : 1 % ,
- PERCENTAGE OF MISCELLANEOUS IMPURITIES : 1 % ( " MISCELLANEOUS IMPURITIES " CONSIST OF WEED SEEDS , DAMAGED GRAINS , EXTRANEOUS MATTER , HUSKS , DEAD INSECTS AND FRAGMENTS OF INSECTS ) .
ARTICLE 5
THE STANDARD QUALITY FOR WHICH THE TARGET PRICE , THE INTERVENTION PRICE AND THE GUARANTEED MINIMUM PRICE FOR DURUM WHEAT ARE FIXED IS DEFINED AS FOLLOWS :
( A ) DURUM WHEAT OF A SOUND AND FAIR MARKETABLE QUALITY , FREE FROM ABNORMAL SMELL AND LIVE PESTS , DRY , AMBER YELLOW TO BROWN IN COLOUR , WITH A VITREOUS SECTION OF TRANSLUCENT , HORNY APPEARANCE AND OF A QUALITY CORRESPONDING TO THE AVERAGE QUALITY OF DURUM WHEAT HARVESTED UNDER NORMAL CONDITIONS IN THE COMMUNITY ;
( B ) TOTAL PERCENTAGE OF MATTER OTHER THAN DURUM WHEAT GRAINS OF UNIMPAIRED QUALITY : 24.5 % , OF WHICH :
- PERCENTAGE OF DURUM WHEAT GRAINS WHICH HAVE WHOLLY OR PARTLY LOST THEIR VITREOUS ASPECT ( MITADINE ) AND COMMON WHEAT GRAINS : 20 % , OF WHICH NOT MORE THAN 4 % OF COMMON WHEAT GRAINS ,
- PERCENTAGE OF BROKEN GRAINS : 2 % ,
- PERCENTAGE OF GRAIN IMPURITIES : 1.5 % ( " GRAIN IMPURITIES " MEANS SHRIVELLED GRAINS , GRAINS OF CEREALS OTHER THAN DURUM WHEAT AND COMMON WHEAT , GRAINS DAMAGED BY PESTS , GRAIN , IN WHICH THE GERM IS DISCOLOURED OR MOULED GRAINS ) ,
- PERCENTAGE OF SPROUTED GRAINS : 0.5 % ,
- PERCENTAGE OF MISCELLANEOUS IMPURITIES : 0.5 % ( " MISCELLANEOUS IMPURITIES " CONSIST OF WEED SEEDS , DAMAGED GRAINS , EXTRANEOUS MATTER , HUSKS , ERGOT , DECAYED GRAINS , DEAD INSECTS AND FRAGMENTS OF INSECTS ) ;
( C ) SPECIFIC WEIGHT : 78 KILOGRAMMES PER HECTOLITRE .
ARTICLE 6
FOR THE PURPOSE APPLYING THIS REGULATION :
( A ) THE MATTER OTHER THAN BASIC CEREALS OF UNIMPAIRED QUALITY IS DEFINED IN ANNEX I A , SAVE AS OTHERWISE DEFINED IN THIS REGULATION , AND IS DETERMINED ACCORDING TO THE METHOD LAID DOWN IN ANNEX I B ;
( B ) MOISTURE CONTENT SHALL BE DETERMINED BY REFERENCE TO THE METHOD SHOWN IN ANNEX II ;
( C ) THE METHOD FOR DETERMINED " MITADINE " DURUM WHEAT GRAINS SHALL BE DETERMINED ACCORDING TO THE PROCEDURE LAID DOWN IN ARTICLE 26 OF REGULATION ( EEC ) NO 2727/75 .
ARTICLE 7
1 . COUNCIL REGULATION ( EEC ) NO 768/69 ( 4 ) OF 22 APRIL 1969 FIXING STANDARD QUALITIES FOR COMMON WHEAT , RYE , BARLEY , MAIZE AND DURUM WHEAT , IS HEREBY REPEALED .
2 . REFERENCES TO THE REGULATION REPEALED BY VIRTUE OF PARAGRAPH 1 SHALL BE CONSTRUED AS REFERENCES TO THIS REGULATION .
ARTICLE 8
THIS REGULATION SHALL ENTER INTO FORCE ON 1 NOVEMBER 1975 .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT LUXEMBOURG , 29 OCTOBER 1975 .