Commission Regulation (EC) No 824/2000
of 19 April 2000
establishing procedures for the taking-over of cereals by intervention agencies and laying down methods of analysis for determining the quality of cereals
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 organisation of the market in cereals(1), as last amended by Regulation (EC) No 1253/1999(2), and in particular Article 5 thereof,
Whereas:
(1) The intervention price for common wheat, durum wheat, barley, rye, maize and sorghum is fixed for qualities corresponding as far as possible to the average quality of the cereals harvested in the Community.
(2) Intervention prices are increased or reduced to reflect price differences observed on the market for different qualities.
(3) Cereals of inadequate quality for use or storage should not be accepted for intervention.
(4) In order to simplify the management of intervention operations and, in particular, to permit the establishment of homogeneous lots for each type of cereal offered to intervention, a minimum quantity, below which the intervention agency is not obliged to accept the offer, should be fixed. However, it may be necessary to provide for a greater minimum tonnage in certain Member States, so that intervention agencies may take account of pre-existing conditions and practices of the wholesale trade in those countries.
(5) The conditions under which cereals are offered to and taken over by the intervention agencies must be as uniform as possible throughout the Community in order to avoid any discrimination between producers.
(6) Methods of determining the quality of common wheat, durum wheat, rye, barley, maize and sorghum must be defined.
(7) In addition to requiring an annual stock statement pursuant to Commission Regulation (EC) No 2148/96 of 8 November 1996 laying down rules for evaluating and monitoring public intervention stocks of agricultural products(3), as amended by Regulation (EC) No 808/1999(4), the Member States must check the state of preservation of the intervention stocks held.
(8) Commission Regulation (EEC) No 689/92 of 19 March 1992 fixing the procedure and conditions for the taking-over of cereals by intervention agencies(5), as last amended by Regulation (EC) No 1664/1999(6) and Commission Regulation (EEC) No 1908/84 of 4 July 1984 fixing the standard methods for determining the quality of cereals(7), as last amended by Regulation (EEC) No 2507/87(8), have been frequently amended. For reasons of clarity they should be replaced.
(9) The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
During the periods referred to in Article 4(2) of Regulation (EEC) No 1766/92, any holder of a homogeneous batch of not less than 80 tonnes of common wheat, rye, barley, maize or sorghum or 10 tonnes of durum wheat, harvested within the Community, shall be entitled to offer the batch to the intervention agency.
However, the intervention agencies may fix a greater minimum tonnage.
Article 2
1. In order to be accepted for intervention, the cereals must be sound, fair and of marketable quality.
2. They shall be considered sound, fair and of marketable quality if they are of the typical colour of the cereal in question, are free from abnormal smell and live pests (including mites) at every stage of their development and meet the minimum quality requirements set out in Annex I hereto, and if their radioactivity levels do not exceed the maximum levels permitted under Community regulations.
The level of radioactive contamination of the product shall be monitored only if the situation so requires and only for as long as is necessary. Where necessary, the duration and scope of the controls shall be determined in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92.
In addition, in cases where analyses indicate that the Zeleny index of a batch of common wheat is between 22 and 30, for this wheat to be deemed sound, fair and of marketable quality within the meaning of paragraph 1, the dough obtained from it must be judged to be non-sticky and machinable.
3. For the purposes of this Regulation, matter other than basic cereals of unimpaired quality shall be as defined in Annex II.
Grains of basic cereals and other cereals which are damaged, affected by ergot or decayed shall be classified as "miscellaneous impurities" even if they have defects which belong to other categories.
Article 3
To determine the quality of cereals offered for intervention under Articles 5 and 6 of Regulation (EEC) No 1766/92, the following methods shall be used:
3.1. the standard method for determining matter other than basic cereals of unimpaired quality shall be that set out in Annex III;
3.2. the standard method for determining moisture content shall be that set out in Annex IV. However, Member States may also use other methods based on the principle set out in Annex IV, method ISO 712:1998 or a method based on infra-red technology. In case of dispute, only the results of using the method set out in Annex IV shall be accepted;
3.3. the standard method for determining the tannin content of sorghum shall be method ISO 9648:1988;
3.4. the standard method for determining the non-stickiness and machinability of the dough obtained from common wheat shall be that set out in Annex V;
3.5. the standard method for determining the protein content of ground common wheat shall be that recognised by the International Association for Cereal Chemistry (ICC), the standards of which are laid down under heading No 105/2: "method for the determination of the protein content of cereals and cereal products"
However, Member States may use any other method. In such a case, they must furnish the Commission with evidence of recognition by the ICC that the method in question gives equivalent results;
3.6. the method for determining the Zeleny index of ground common wheat shall comply with ISO 5529:1992;
3.7. the method for determining the Hagberg falling number (amylase activity test) shall comply with ISO 3093:1982;
3.8. the standard method for determining the rate of loss of vitreous aspect of durum wheat shall be that set out in Annex VI;
3.9. the standard method for determining the specific weight shall comply with ISO 7971/2:1995.
Article 4
1. To be valid, all offers for intervention shall be made using a form issued by the intervention agency, containing the following details:
(a) name of the applicant,
(b) cereal offered,
(c) place of storage of the cereal offered,
(d) quantity, main characteristics and harvesting year of the cereal offered,
(e) intervention centre for which the offer is made.
The form shall also contain a declaration that the products are of Community origin or, in the case of cereals admitted to intervention under specific conditions according to their zone of production, details of the region in which they were produced.
However, the intervention agency may regard as valid offers submitted in another written form, in particular telecommunications, provided that all the details to be shown on the form referred to in the first subparagraph are included.
Without prejudice to the validity from the date of presentation of an offer submitted in accordance with the third subparagraph, Member States may require that it be followed by the forwarding or direct submission to the competent agency of the form provided for in the first subparagraph.
2. Should an offer be inadmissible, the operator concerned shall be informed by the intervention agency accordingly within five working days following receipt.
3. Should an offer be admissible, operators shall be informed as soon as possible of the store at which the cereals are to be taken over and of the delivery schedule.
At the request of the offerer or the storekeeper, the said schedule may be amended by the intervention agency.
The final delivery shall be made not later than the end of the fourth month following the month during which the offer was received, without, however, being later than 1 July in Spain, Greece, Italy and Portugal and 31 July in the other Member States.
Article 5
1. The cereals offered shall be taken over by the intervention agency when the quantity and the minimum required standards, as set out in the Annex, have been established by the intervention agency or its representative for the entire lot in respect of the goods delivered to the intervention store.
2. The quality characteristics shall be established on the basis of a representative sample of the lot offered, consisting of samples taken at the rate of once every delivery for at least every 60 tonnes.
3. The quantity delivered must be weighed in the presence of the offerer and a representative of the intervention agency who is independent vis-à-vis the offerer.
The representative of the intervention agency may also be the storekeeper. In that case:
(a) within 45 days of take-over, the intervention agency shall itself conduct an inspection involving at least a volumetric check; any difference between the quantity determined by weighing and the quantity estimated in accordance with the volumetric method may not exceed 5 %;
(b) where the tolerance is not exceeded, the storekeeper shall bear all costs relating to any difference observed, at a later weight check, from the weight entered in the accounts on when the cereals were taken over;
(c) where the tolerance is exceeded, the cereals shall be weighed forthwith. The costs of weighing shall be borne by the storekeeper, where the weight determined is less than that recorded, or by the Member State, where it is more.
4. In the case of take-over in the store in which the cereals are being held at the time of the offer, the quantity may be established on the basis of the stock records, which must satisfy professional requirements and those of the intervention agency, and provided that:
(a) the stock records show the weight recorded on weighing, the physical quality characteristics at the time of weighing, and, in particular, the moisture content, transsilages if any, and treatments carried out; the weighing may not have been carried out more than 10 months previously;
(b) the storekeeper declares that the lot offered corresponds in all respects to the details contained in the stock records;
(c) the quality characteristics established at the time of weighing are the same as those of the representative sample made up from the samples taken by the intervention agency or its representative at a rate of one for every 60 tonnes.
5. Where paragraph 4 is applied:
(a) the weight to be recorded shall be that entered in the stock records, adjusted, where appropriate, to take account of any difference between the moisture content and/or the percentage of miscellaneous impurities (Schwarzbesatz) recorded at the moment of weighing and those determined on the basis of the representative sample. A difference between the percentages of miscellaneous impurities may only be taken into account to reduce the weight entered in the stock records;
(b) within 45 days of take-over the intervention agency shall make a further volumetric check; the difference between the quantity determined by weighing and the quantity estimated in accordance with the volumetric method may not exceed 5 %;
(c) where the tolerance is not exceeded, the storekeeper shall bear all costs relating to any difference observed, at a later weight check, from the weight entered in the accounts on take-over;
(d) where the tolerance is exceeded, the cereals shall be weighed forthwith. The costs of weighing shall be borne by the storekeeper, where the weight determined is less than that recorded, or by the EAGGF, where it is more.
Article 6
The intervention agency shall see that the physical and technical characteristics of the samples taken are analysed under its responsibility within 20 working days of the representative sample being made up.
If the analyses provided for above show that the cereals offered do not meet the minimum quality required for intervention, the said cereals shall be withdrawn at the offerer's expense. The offerer shall also bear all the costs incurred.
The offerer shall bear the costs relating to:
(a) determination of the tannin content of sorghum,
(b) the amylasic activity (Hagberg) test,
(c) determination of the protein content of durum wheat and common wheat,
(d) the Zeleny test,
(e) the machinability test,
In cases of dispute, the intervention agency shall have the necessary tests on the cereals in question carried out again, the cost being met by the losing party.
Article 7
A take-over record shall be drawn up by the intervention agency for each lot. It shall indicate:
(a) the date on which the quantity and minimum characteristics were checked,
(b) the weight delivered,
(c) the number of samples taken to make up the representative sample,
(d) the physical characteristics established,
(e) the agency responsible for analysing the technological criteria and the results thereof.
The record shall be dated and sent to the storekeeper for countersigning.
Article 8
1. Without prejudice to paragraph 2, the price payable to the offerer shall be the intervention price referred to in Article 3(1) of Regulation (EEC) No 1766/92, valid on the date specified as the first day of delivery when notice was given of acceptance of the offer, for goods delivered at warehouse, before unloading. This price shall be adjusted in accordance with the increases and reductions referred to in Article 9.
However, where delivery takes place in a month in which the intervention price is lower than that of the month of the offer, the higher price shall be paid. This provision shall not apply to maize and sorghum offered in August and September.
2. On receipt of an offer, in compliance with Article 4 of Regulation (EEC) No 1766/92, the intervention agency shall decide on the place and the first date for the cereals to be taken over.
Transport costs from the place where the goods are stored when the offer is made to the intervention centre to which they can be transported at least expense shall be borne by the offerer.
Should the intervention agency take over the goods at a place other than the intervention centre to which they may be transported at least expense, it shall determine and bear the additional transport costs. In this case the transport costs referred to in the preceding subparagraph shall be determined by the intervention agency.
If the intervention agency, in agreement with the offerer, stores the goods at the place at which they are located at the time the offer is made, the costs referred to in the second sentence of the preceding subparagraph and the costs of removal from the warehouse, the latter being assessed on the basis of the rates actually recorded in the Member State concerned, shall be deducted from the intervention price.
3. Payment shall be made between the 30th and the 35th day following the date of take-over, as referred to in Article 5.
Article 9
The price increases or reductions by which the intervention price is increased or decreased shall be expressed in euro per tonne and applied jointly, as provided below:
(a) where the moisture content of the cereals offered for intervention is less than 14 %, the price increases to be applied shall be those listed in Table I of Annex VII. Where the moisture content of the cereals offered for intervention is more than 14 %, the price reductions to be applied shall be those listed in Table II of Annex VII;
(b) where the specific weight of common wheat or barley offered for intervention differs from the specific weight of 76 kg/hl or 64 kg/hl respectively, the price reductions to be applied shall be those listed in Table III of Annex VII;
(c) where the percentage of broken grains exceeds 3 % for durum wheat, common wheat, rye and barley and 4 % for maize and sorghum, a reduction of EUR 0,05 shall be applied for each additional 0,1 percentage point;
(d) where the percentage of grain impurities exceeds 2 % for durum wheat, 3 % for rye, 4 % for maize and sorghum, and 5 % for common wheat and barley a reduction of EUR 0,05 shall be applied for each additional 0,1 percentage point;
(e) where the percentage of sprouted grains exceeds 2,5 %, a reduction of EUR 0,05 shall be applied for each additional 0,1 percentage point;
(f) where the percentage of miscellaneous impurities (Schwarzbesatz) exceeds 0,5 % for durum wheat and 1 % for common wheat, rye and barley, maize and sorghum, a reduction of EUR 0,1 shall be applied for each additional 0,1 precentage points;
(g) where the percentage of piebald grains in durum wheat exceeds 20 %, a reduction of EUR 0,2 shall be applied for each additional percentage point or fraction thereof;
(h) where the protein content of common wheat is less than 11,5 %, the reductions to be applied shall be those listed in Table IV of Annex VII;
(i) where the tannin content of sorghum offered for intervention is higher than 0,4 % of the dry matter, the reduction to be applied shall be calculated in accordance with the method laid down in Annex VIII.
Article 10
1. Any operator who stores bought-in products on behalf of the intervention agency shall monitor their presence and state of preservation regularly and inform the aforesaid agency without delay of any problem arising in that respect.
2. The intervention agency shall check the quality of the stored product at least once a year. Samples for that purpose may be taken when the inventory is established as provided for in Article 4 of Regulation (EC) No 2148/96.
Article 11
The intervention agencies shall, where necessary, adopt additional procedures and conditions for taking over, compatible with this Regulation, to take account of any special conditions existing in the Member State in question; in particular, they may request periodic stock returns.
Article 12
Regulations (EEC) No 689/92 and (EEC) No 1908/84 are hereby repealed with effect from 1 July 2000.
Article 13
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 April 2000.