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"B COMMISSION REGULATION (EC) No 708/98
of 30 March 1998
on the taking over of paddy rice by the intervention agencies and fixing the corrective amounts and the
price increases and reductions to be applied
(OJ L 98, 31.3.1998, p. 21)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 691/1999 of 30 March 1999 L 87 8 31.3.1999
"M2 Commission Regulation (EC) No 610/2001 of 29 March 2001 L 90 17 30.3.20011998R0708 — EN — 01.04.2001 — 002.001 — 1
COMMISSION REGULATION (EC) No 708/98
of 30 March 1998
on the taking over of paddy rice by the intervention agencies and fixing
the corrective amounts and the price increases and reductions to be
applied
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 amended by
Regulation (EC) No 192/98 (2), and in particular Article 8(b) thereof,
Whereas Regulation (EC) No 3072/95 lays down that the intervention price is
fixed for paddy rice of a specific standard quality and that, if the quality of the
rice offered for intervention differs from that standard quality, the interventionprice is adjusted by applying price increases or reductions;
Whereas Council Regulation (EC) No 3073/95 (
3) determines the standard
quality of paddy rice for which the intervention price is fixed, tightening up
the requirements under the previous arrangements;
Whereas to ensure the satisfactory management of intervention, a minimum
quantity should be fixed for each offer; whereas, however, provision should bemade for setting a higher limit so that account can be taken of the tradingcustoms and conditions pertaining on the wholesale market in some Member
States;
Whereas paddy rice whose quality does not permit suitable use or storage
should not be accepted for intervention; whereas in fixing the minimumquality particular consideration should be given to weather conditions in therice-growing areas of the Community; whereas, in order to allow uniform lots
to be taken over; it should be specified that a lot is to be made up of the same
rice variety;
Whereas, for the application of the price increases and reductions, account
should be taken of the basic characteristics of the paddy rice, thereby allowingobjective assessment of its quality; whereas the moisture content, the yield
after processing and grain defects can be assessed by simple and effective
methods, thus meeting this requirement;
Whereas, to make the intervention scheme as simple and efficient as possible,
offers should be submitted to the intervention centre closest to the place wherethe goods are stored and the provisions on the costs of their transport to the
store where the intervention agency takes them over should be laid down;
Whereas the checks to ensure that the requirements on the weight and quality
of the goods offered are complied with should be precisely laid down;
whereas a distinction must be made between, on the one hand, acceptance ofthe goods offered after the quantity and compliance with the minimum quality
requirements have been checked and, on the other hand, fixing the price to be
paid to the applicant after the necessary tests have been carried out to identifythe precise characteristics of each lot based on representative samples;
Whereas the specific provisions applying to cases where goods are taken over
in the applicant’s stores should be laid down; whereas in such cases reference
should be made to the applicant’s stock accounts, subject to additional checks
to ensure that the intervention agency’ s requirements on taking over arecomplied with;
Whereas this Regulation is to replace Commission Regulation (EC) No
1528/96 (
4); whereas that Regulation should therefore be repealed;
Whereas the Management Committee for Cereals has not delivered an opinion
within the time limit set by its chairman,!B
(1) OJ L 329, 30. 12. 1995, p. 18.
(2) OJ L 20, 27. 1. 1998, p. 16.
(3) OJ L 329, 30. 12. 1995, p. 33.
(4) OJ L 190, 31. 7. 1996, p. 25.1998R0708 — EN — 01.04.2001 — 002.001 — 2
HAS ADOPTED THIS REGULATION:
Article 1
1. During the buying-in period fixed in Article 4(1) of Regulation (EC) No
3072/95, any holder of a lot of at least 20 tonnes of paddy rice harvested in theCommunity shall be entitled to offer such rice to the intervention agency. A
lot shall be made up of rice of the same variety.
The Member States may fix a higher minimum quantity.2. Where a lot is delivered in several loads (by lorry, barge, railway wagon,
etc.) each load must comply with the requisite minimum characteristics, thelast subparagraph of Article 8(1) notwithstanding.
Article 2
1. To be accepted for intervention, paddy rice shall be of sound and fair
merchantable quality.
2. Paddy rice shall be deemed to be of sound and fair merchantable quality
where it is free of odour and of live insects, and where:
— the moisture content does not exceed the percentage laid down in Annex
I,
— the yield after processing is not less than 7 points below the basic yields
listed in Part B of Annex II,
— the percentage of grains that are not of unimpaired quality as defined in
the Annex to Regulation (EC) No 3073/95, the percentage of miscel-
laneous impurities, the percentage of rice grains of other types and thepercentage of other rice varieties does not exceed the followingmaximum values:
Round grain rice
CN code 1006 10 92Medium and A long
grain rice
CN codes 1006 10 94
and 1006 10 96B long grain rice
CN code 1006 10 98
Chalky grains 6 4 4
Grains striated with red 10 5 5
Stained and spotted grains 4 2,75 2,75Amber grains 1 0,50 0,50Y ellow grains 0,175 0,175 0,175Miscellaneous impurities 1 1 1Grains of rice of other varieties 5 5 5
— the level of radioactivity does not exceed the maximum levels permitted
by Community legislation. The rice shall be monitored for radioactive
contamination only if the situation so requires and for the necessaryperiod. Where necessary, the duration and scope of the control measures
shall be determined in accordance with the procedure laid down in Article
22 of Regulation (EC) No 3072/95.
Article 3
1. Paddy rice containing more than 0,1 % of miscellaneous impurities can
be bought in only at a price reduction of 0,02 % for each additional 0,01 %
deviation.
Miscellanous impurities shall mean extraneous matter other than rice
consisting of inedible, non-toxic vegetable or mineral material, other ediblegrains or parts thereof, dead insects and bits thereof.!B
!M2
!B
!M1
!B1998R0708 — EN — 01.04.2001 — 002.001 — 3
2. Paddy rice containing more than 3 % of other varieties can be bought into
intervention only at a price reduction of 0,1 % for each additional 0,1 %deviation.
3. Where the moisture content of the paddy rice offered for intervention
exceeds that laid down for the standard quality of paddy rice, the pricereductions to be applied shall be as shown in Annex I.
4. Where the yield after processing of the rice offered for intervention
differs from the basic yield after processing for the variety concerned as setout in Part B of Annex II, the price increases and reductions to be appliedshall be as shown in Part A of Annex II.
5. Where the grain defects of the paddy rice offered for intervention exceed
the tolerances allowed for the standard quality of paddy rice, the pricereductions to be applied shall be as shown in Annex III.
6. The above price increases and reductions shall be calculated by applying
the percentages shown in the Annexes to the intervention price valid at thebeginning of the marketing year. They shall be cumulatively applied.
Article 4
1. All offers for sale into intervention shall be made in writing to an
intervention agency in accordance with the form drawn up by it. To be
eligible, the offer must contain the following:
— name of the applicant,
— place of storage of the rice offered,
— quantity, variety, main characteristics and year of harvest of the rice,
— intervention centre for which the offer is made.
The application shall also contain a declaration that the product is of
Community origin.
For information purposes, the application shall indicate any pesticide
treatments carried out, specifying the doses used.
The intervention agency may regard as admissible a written telecommuni-
cated offer, provided that all the above particulars are contained therein. Insuch cases, the agency can insist, however, that the offer be followed by awritten application, either delivered by post or handed in direct. This written
application shall be deemed to have been submitted on the day the
telecommunication was received.
2. Acceptance of an offer by the intervention agency will be notified to the
applicant within 10 working days of its submission.
3. Where an offer is ineligible, the intervention agency shall inform the
relevant trader of that fact within 10 working days of the offer’ s submission.
Article 5
1. All offers shall be made to an intervention agency in respect of the
intervention centre nearest to the place where the paddy rice is when the offeris made.
The nearest intervention centre means the centre to which the paddy rice can
be transported at the lowest cost. Such cost shall be determined by theintervention agency.
2. The costs of transporting the goods from the depot where they are stored
at the time the offer is submitted to the nearest intervention centre asidentified in accordance with paragraph 1 shall be borne by the applicant.
3. If the intervention agency does not take the paddy rice over at the nearest
intervention centre identified in accordance with paragraph 1, the additionaltransport costs shall be borne by the intervention agency.
Article 6
1. The intervention agency shall fix the date and intervention centre of
delivery and shall notify the applicant of both forthwith. These conditions
may be appealed no later than two working days from the receipt of the
notification.!B1998R0708 — EN — 01.04.2001 — 002.001 — 4
The actual taking-over must occur not later than the end of the second month
following receipt of the offer and in any case not later than 31 August of thecurrent marketing year. In the case of staggered deliveries, the last part of thelot must be delivered in accordance with this subparagraph.
2. The intervention agency shall take the goods over in the presence of the
applicant or his duly authorised agent.
3. The rice offered shall be taken over by the intervention agency where the
minimum quantity and characteristics laid down in Articles 1 and 2 have been
established by the intervention agency or its authorised agent for the goodsdelivered to the intervention warehouse, in accordance with Article 8(1).
Where Article 7 applies, the date of taking over shall coincide with the date on
which the minimum characteristics mentioned in the take-over record referredto in Article 9 were checked.
4. The quantity delivered shall be established by weight in the presence of
the applicant and a representative of the intervention agency, who must have
no relationship to the applicant.
5. The storekeeper may represent the intervention agency.
In this case the intervention agency shall itself carry out a check within 30
days of the completion of delivery. The weight at least must be checked, usingvolumetric measurement.
If volumetric measurement indicates that:
(a) the weight is up to 6 % less than the quantity recorded in the storekeeper’s
accounts, the storekeeper shall bear all the costs relating to the missingquantities as recorded in any subsequent weighing compared to the
weight recorded in the accounts (at taking over);
(b) the weight is over 6 % less than the quantity recorded in the storekeeper’s
accounts, the goods shall be immediately weighed. The weighing costs
involved shall be borne by the storekeeper if the weight established is less
than the weight recorded in the accounts. In the opposite case, theintervention agency shall bear the weighing costs.
Article 7
1. The intervention agency can take the paddy rice over at the place where it
is stored when the offer is submitted rather than at the intervention centre
nominated by the applicant.
2. In such cases, the quantity can be established on the basis of the stock
accounts — drawn up to professional specifications and in accordance with
the intervention agency’ s requirements — provided that:
— the accounts indicate the weight established by weighing, the quality
characteristics at the moment of weighing, moisture content in particular,any inter-bin transfers, and any treatments carried out. Weighing must
have occurred within the previous 10 months,
— the storekeeper declares that the lot offered corresponds in every detail to
the information in the accounts.
In this case:
— the weight to be recorded shall be the weight entered in the accounts,
adjusted as appropriate to take account of any difference between the
moisture content established at weighing and the content established on
the basis of the representative sample,
— the intervention agency shall carry out a volumetric check within 30 days
of the date of taking over. Any difference between the quantity weighed
and the quantity estimated using the volumetric method may not exceed
6% .
If volumetric measurement indicates that:
— the weight is up to 6 % less than the quantity recorded in the storekeeper’s
accounts, the storekeeper shall bear all the costs relating to the missingquantities established as such in a subsequent weighing compared to theweight recorded in the accounts (at taking over),
— the weight is over 6 % less than the quantity recorded in the storekeeper’s
accounts, the storekeeper shall carry out an immediate weighing. The!B1998R0708 — EN — 01.04.2001 — 002.001 — 5
storekeeper shall bear the weighing costs if the weight thus established is
less than the weight as recorded. The EAGGF shall bear the costs in theopposite case.
Article 8
1. The quality requirements that must be fulfilled for a product to be taken
into intervention shall be checked as follows:
The intervention agency shall take samples in the presence of the applicant or
his duly authorised agent. Three samples shall be taken at each sampling,intended respectively for:
— the applicant,— the store where take over is to take place,— the intervention agency. This sample shall undergo the agency’ s own test.
(a) In the case of a delivery, samples shall be taken for each part-delivery (by
lorry, barge, railway wagon, etc.), at a ratio of one sample to 10 tonnes of
rice.
The requisite conditions shall be checked on the basis of a representative
sample of each part delivery. The representative sample shall be made upof the samples intended for the store.
(b) Where Article 7 applies, checking when taking over is at the applicant’s
store shall be based on a representative sample of the lot offered. This
representative sample shall consist of the average result of the samples
intended for the store. The number of samples to be taken is obtained bydividing the quantity of the lot offered by 20; a representative sampleshall consist of no more than 20 samples, however.
The check should establish that the goods comply with the minimum
quality requirements. Should this not be the case, the lot shall not be
taken over.
In the case of a delivery, before the lot enters the intervention store the
examination of each part-delivery can be restricted to a check on the moisture
content and impurity level and verification that no live insects are present.However, if it later becomes apparent when the check is finalised that apart-delivery does not satisfy the minimum quality requirements, the lot shall
be refused for take over. The entire lot shall be withdrawn at the applicant’s
expense.
If the intervention agency in a Member State is able to check all the minimum
quality requirements for each part-delivery before it enters the store, it shallrefuse take-over of any part-delivery that fails to satisfy these requirements.
2. Where the goods are accepted, once the examination in accordance with
paragraph 1 has been carried out the precise characteristics of the goods shall
be identified with a view to establishing the price to be paid to the applicant.
This price shall be established for the lot offered on the basis of the weightedaverage of the test results for the representative samples as defined inparagraph 1.
The test results shall be notified to the applicant in the take-over record
provided for in Article 9.
3. Should the applicant contest the result of the test carried out to determine
the price under paragraph 2, a laboratory approved by the competent
authorities shall carry out a further, detailed analysis of the characteristics of
the goods using new representative samples made up equally of samples heldby the applicant and by the store. The weighted average of the test results forthese representative samples shall provide the result.
The result of these analyses shall be final and shall decide the price to be paid
to the applicant. The cost of carrying out these new analyses shall be borne by
the losing party.
Article 9
A take-over record shall be drawn up by the intervention agency for each lot.
The applicant or his representative may be present when the record is beingdrawn up.!B1998R0708 — EN — 01.04.2001 — 002.001 — 6
It shall indicate:
— the date on which the quantity and minimum characteristics are checked,
— the variety and the weight delivered,— the number of samples taken to make up the representative sample,— the physical and qualitative characteristics noted.
Article 10
1. The price to be paid to the seller shall be that fixed in accordance with
Article 4(2) of Regulation (EC) No 3072/95 for goods delivered not unloaded
to storage depot and valid on the date fixed as the first day of delivery,account being taken of the provisions of Article 5 on transport costs and the
price increases and reductions provided for in Annexes I to III.
Where the rice is taken over at the applicant’s stores pursuant to Article 7, the
price to be paid shall be established on the basis of the intervention price valid
on the date the offer is accepted, adjusted by the applicable price increases andreductions, and reduced by the most advantageous transport costs between theplace where the paddy rice is taken over and the nearest intervention centre as
defined in Article 5(1), and by the costs of removal from storage. Such costs
shall be determined by the intervention agency.
2. Payment shall be made between the 32nd and 37th day following the day
of taking over referred to in Article 6(3) of this Regulation. Where Article8(3) applies, payment shall be made as soon as possible after the results of thelast test are notified to the applicant.
Where applicants must submit an invoice before they can be paid and where
this invoice is not submitted within the time limit laid down in the preceding
subparagraph, payment shall be made within five working days of the actualsubmission of the invoice.
Article 11
Operators storing the products bought in on the intervention agency’ s behalf
shall regularly monitor their presence and their state of preservation and shallinform the agency forthwith of any problems in this regard.
The intervention agency shall check the quality of the stored product at least
once a year. Sampling for this purpose can be done during the annual
inventory required by Commission Regulation (EC) No 2148/96 (
1).
Article 12
The intervention agencies shall, where necessary, adopt additional procedures
and conditions for taking over, compatible with the provisions of thisRegulation, to take account of any special conditions prevailing in theMember State to which they belong.
Article 13
Regulation (EEC) No 1528/96 is hereby repealed.
Article 14
This Regulation shall enter into force on the day following its publication in
theOfficial Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
(1) OJ L 288, 9. 11. 1996, p. 6.1998R0708 — EN — 01.04.2001 — 002.001 — 7
ANNEX I
PRICE REDUCTIONS RELATING TO PERCENTAGE MOISTURE CONTENT
Rate Reduction
Marketing year 1997/98
From 13 to 15 % Less a percentage equal to the percentage
moisture content exceeding 13 %
From the 1998/99 marketing year
From 13 to 14,5 % Less a percentage equal to the percentage
moisture content exceeding 13 %!B1998R0708 — EN — 01.04.2001 — 002.001 — 8
ANNEX II
A. Price increases and reduction related to yield after processing
Yield from paddy rice in the form of whole
grains of milled ricePrice increases and reductions per unit of
yield
Above the basic yield Price increase of 0,75 %
Below the basic yield Price reduction of 1 %
Total yield from paddy rice in the form of
milled ricePrice increases and reductions per unit of
yield
Above the basic yield Price increase of 0,60 %
Below the basic yield Price reduction of 0,80 %
B. Basic yield after processing
Description of quality of riceYield in whole grains
(%)Total yield
(%)
Carillon 66 70
Argo, Selenio, Couachi 65 72Alpe, Arco, Balilla, Balilla GG, Balilla Sollana, Bomba, Bombon,
Colina, Elio, Flipper, Frances, Lido, Riso, Matusaka, Monticili, Pegoni,Sara, Strella, Thainato, Thaiperla, Ticinese, Veta, Leda, Mareny, Clot,
Albada, Guadiamar 64 72
Ispaniko A, Makedonia 63 72Bravo, Europa, Loto, Riva, Rosa Marchetti, Savio, Veneria 62 71Tolima 62 70Inca 62 69Arôme 61 72Alfa, Ariete, Bahia, Carola, Cigalon, Corallo, Cripto, Cristal, Drago,
Eolo, Girona, Gladio, Graldo, Indio, Italico, Jucar, Koral, Lago, Lemont,Mercurio, Miara, Molo, Navile, Niva, Onda, Padano, Panda, Pierina,
Marchetti, Ribe, Ringo, Rio S. Andrea, Saturno, Senia, Sequial,
Smeraldo, Star, Stirpe, Vela, Vitro, Calca, Dion, Zeus 61 71
Strymonas 61 70Anseatico, Arlesienne, Baldo, Belgioioso, Betis, Euribe, Italpatna,
Marathon, Redi, Ribello, Rizzotto, Rocca, Roma, romanico, Romeo,Tebre, V olano 60 71
Bonnet Bell, Rita, Silla, Thaibonnet, L 202, Puntal 59 71Evropi, Melas 59 69
Arborio, Arlatan, Blue Belle, Blue Belle ‘E’, Blue Bonnet, Calendal,
Razza 82, Rea 57 71
Cesariot, Maratelli, Precoce Rossi 57 69Carnaroli, Elba, Vialone Nano 56 71Delta 56 69Axios 56 66Roxani 56 65Irat 348, Mana 46 66Pygmalion 51 70!
M21998R0708 — EN — 01.04.2001 — 002.001 — 9
Description of quality of riceYield in whole grains
(%)Total yield
(%)
Varieties not specified 63 71!M21998R0708 — EN — 01.04.2001 — 002.001 — 10
ANNEX III
PRICE REDUCTIONS FOR GRAIN DEFECTS
DefectPercentage of grains with defects
Reduction (1)
Round grain rice
CN code 1006 10 92Medium and A long grain
rice
CN codes 1006 10 94 and
1006 10 96B long grain rice
CN code 1006 10 98
Chalky From 2 to 6 % From 2 to 4 % From 1,5 to 4 % 1 % per 1/2 point
Striated with red From 1 to 10 % From 1 to 5 % From 1 to 5 % 1 % per point
Stained and spotted From 0,50 to 4 % From 0,50 to 2,75 % From 0,50 to 2,75 % 0,8 % per 1/4 point
Amber From 0,05 to 1 % From 0,05 to 0,50 % From 0,05 to 0,50 % 1,25 % per 1/4 pointY ellow From 0,02 to 0,175 % From 0,02 to 0,175 % From 0,02 to 0,175 % 6 % per 1/8 point
(
1)Overruns in the limits are taken into account up to two decimal places.!M11998R0708 — EN — 01.04.2001 — 002.001 — 11