1998R0708 — EN — 01.04.1999 — 001.001 — 1
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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
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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 reduc-
tions 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 thequality of the rice offered for intervention differs from that standardquality, the intervention price is adjusted by applying price increases orreductions;
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 be made for setting a higher limit so that account canbe taken of the trading customs and conditions pertaining on the whole-sale 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 theminimum quality particular consideration should be given to weatherconditions in the rice-growing areas of the Community; whereas, inorder to allow uniform lots to be taken over; it should be specified thata 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 allowing objective assessment of its quality; whereas the mois-ture content, the yield after processing and grain defects can be assessedby 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 tothe place where the goods are stored and the provisions on the costs oftheir transport to the store where the intervention agency takes themover 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 laiddown; whereas a distinction must be made between, on the one hand,acceptance of the goods offered after the quantity and compliance withthe minimum quality requirements have been checked and, on the otherhand, fixing the price to be paid to the applicant after the necessary testshave been carried out to identify the precise characteristics of each lotbased 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 insuch cases reference should be made to the applicant’s stock accounts,subject to additional checks to ensure that the intervention agency’srequirements on taking over are complied with;
(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.
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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 98Whereas this Regulation is to replace Commission Regulation (EC) No
1528/96 (1); 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,
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 lotof atleast20 t onnes of paddy riceharvested in the Community shall be entitled to offer such rice to theintervention 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 lotis delivered in several loads (by lorry, barge, railway
wagon, etc.) each load must comply with the requisite minimum charac-teristics, the last 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 14 points below the basic
yields listed in Annex II,
— the percentage of grains that are not of unimpaired quality as
defined in the Annex to Regulation (EC) No 3073/95, thepercentage of miscellaneous impurities, the percentage of rice grainsof other types and the percentage of other rice varieties does notexceed the following maximum values:
▼
M1
Chalky grains 6 4 4
Grains striated with red 10 5 5
Stained and spotted
grains4 2,75 2,75
Amber grains 1 0,50 0,50
Yellow grains 0,175 0,175 0,175
Miscellaneous impuri-ties 1 1 1
Grains of rice of othervarieties 5 5 5
▼B
— the level of radioactivity does not exceed the maximum levels
permitted by Community legislation. The rice shall be monitored forradioactive contamination only if the situation so requires and forthe necessary period. Where necessary, the duration and scope ofthe control measures shall be determined in accordance with theprocedure laid down in Article 22 of Regulation (EC) No 3072/95.
(1) OJ L 190, 31. 7. 1996, p. 25.
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Article 3
1. Paddy rice containing more than 0,1 % of miscellaneous impuri-
t ies can be boughtin only ata price reduct ion of 0,02 % for eachadditional 0,01 % deviation.
Miscellanous impurities shall mean extraneous matter other than rice
consisting of inedible, non-toxic vegetable or mineral material, otheredible grains or parts thereof, dead insects and bits thereof.
2. Paddy rice containing more than 3 % of other varieties can be
bought into intervention only at a price reduction of 0,1 % for eachadditional 0,1 % deviation.
3. Where the moisture content of the paddy rice offered for interven-
tion exceeds that laid down for the standard quality of paddy rice, theprice reductions to be applied shall be as shown in Annex I.
4. Where the yield after processing of the rice offered for interven-
tion differs from the basic yield after processing for the varietyconcerned as setoutin PartB of Annex II, t he price increases andreductions to be applied shall 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, theprice reductions 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 pricevalid at the beginning of the marketing year. They shall be cumulativelyapplied.
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 beeligible, 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 telecommu-
nicated offer, provided that all the above particulars are containedtherein. In such cases, the agency can insist, however, that the offer befollowed by a written application, either delivered by post or handed indirect. This written application shall be deemed to have been submittedon 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’ssubmission.
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 theoffer is made.
The nearest intervention centre means the centre to which the paddy
rice can be transported at the lowest cost. Such cost shall be determinedby the intervention 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
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centre as identified in accordance with paragraph 1 shall be borne bythe 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 additional transport 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. Theseconditions may be appealed no later than two working days from thereceipt of the notification.
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 31August of the current marketing year. In the case of staggered deliv-eries, the last part of the lot must be delivered in accordance with thissubparagraph.
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 1and 2 have been established by the intervention agency or its authorisedagent for the goods delivered to the intervention warehouse, in accord-ance 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-overrecord referred to in Article 9 were checked.
4. The quantity delivered shall be established by weight in the pres-
ence 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 t he complet ion of delivery. The weightatleastmustbechecked, using volumetric 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 costsrelating to the missing quantities as recorded in any subsequentweighing compared to the weight recorded in the accounts (attaking 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 theweight established is less than the weight recorded in the accounts.In the opposite case, the intervention agency shall bear the weighingcosts.
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 interven-tion 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 accord-ance 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 inparticular, 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.
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In this case:
— the weight to be recorded shall be the weight entered in the
accounts, adjusted as appropriate to take account of any differencebetween the moisture content established at weighing and thecontent 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 quantityweighed and the quantity estimated using the volumetric methodmay notexceed 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 costsrelating to the missing quantities established as such in a subsequentweighing compared to the weight recorded in the accounts (at takingover),
— the weight is over 6 % less than the quantity recorded in the store-
keeper’s accounts, the storekeeper shall carry out an immediateweighing. The storekeeper shall bear the weighing costs if theweight thus established is less than the weight as recorded. TheEAGGF shall bear the costs in the opposite 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 ateach 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 onesample to 10 tonnes of rice.
The requisite conditions shall be checked on the basis of a repres-
entative sample of each part delivery. The representative sampleshall be made up of 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 lotoffered. This representative sample shall consist of the averageresult of the samples intended for the store. The number of samplesto be taken is obtained by dividing the quantity of the lot offered by20; a representative sample shall consist of no more than 20samples, however.
The check should establish that the goods comply with the
minimum quality requirements. Should this not be the case, the lotshall notbe t aken 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 themoisture content and impurity level and verification that no live insectsare present. However, if it later becomes apparent when the check isfinalised that a part-delivery does not satisfy the minimum qualityrequirements, the lot shall be refused for take over. The entire lot shallbe 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 thestore, it shall refuse take-over of any part-delivery that fails to satisfythese requirements.
2. Where the goods are accepted, once the examination in accord-
ance with paragraph 1 has been carried out the precise characteristics ofthe goods shall be identified with a view to establishing the price to be
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paid to the applicant. This price shall be established for the lot offeredon the basis of the weighted average of the test results for the repres-entative samples as defined in paragraph 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 thecompetent authorities shall carry out a further, detailed analysis of thecharacteristics of the goods using new representative samples made upequally of samples held by the applicant and by the store. The weightedaverage of the test results for these representative samples shall providethe 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 analysesshall 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 therecord is being drawn up.
Itshall indicat e:
— 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 deliverednot unloaded to storage depot and valid on the date fixed as the first dayof delivery, account being taken of the provisions of Article 5 ontransport costs and the price increases and reductions provided for inAnnexes 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 interven-tion price valid on the date the offer is accepted, adjusted by theapplicable price increases and reductions, and reduced by the mostadvantageous transport costs between the place where the paddy rice istaken over and the nearest intervention centre as defined in Article 5(1),and by the costs of removal from storage. Such costs shall be deter-mined 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 Article 8(3) applies, payment shall be made as soon as possibleafter the results of the last test are notified to the applicant.
Where applicant s mustsubmitan invoice before t hey can be paid and
where this invoice is not submitted within the time limit laid down inthe preceding subparagraph, payment shall be made within five workingdays of the actual submission 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 preserva-tion and shall inform the agency forthwith of any problems in thisregard.
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
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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 provi-sions of this Regulation, to take account of any special conditionsprevailing in the Member 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 publica-
tion in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
(1) OJ L 288, 9. 11. 1996, p. 6.
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Rate ReductionANNEXI
PRICE REDUCTIONS RELATING TO PERCENTAGE MOISTURE
CONTENT
Marketing year 1997/98
From 13 to 15 % Less a percentage equal to the
percentage moisture content exceeding13 %
From the 1998/99 marketing year
From 13 to 14,5 % Less a percentage equal to thepercentage moisture content exceeding13 %
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Yield from paddy rice in the form of whole
grains of milled ricePrice increases and reductions per unit of
yield
Total yield from paddy rice in the form of
milled ricePrice increases and reductions per unit of
yield
Quality designationYield in whole
grains
(%)Total yield
(%)ANNEXII
A.Price increases and reductions relating to yield after processing
Above the basic yield Price increase of 1 %
Below the basic yield Price reduction of 1 %
Above the basic yield Price increase of 0,80 %
Below the basic yield Price reduction of 0,80 %
▼M1
B.Basic yield after processing
Carillon 65 69
Argo, Selenio, Couachi 64 71
Alpe, Arco, Balilla, Balilla GG, Balilla
Sollana, Bomba, Bombon, Colina, Elio,Flipper, Frances, Lido, Liso, Matusaka, Monti-cili, Pegonil, Sara, Strella, Thainato, Thaiperla,Ticinese, Veta, Leda, Mareny, Clot, Albada,Guadiamar
63 71
Ispaniki A, Makedonia 62 71
Bravo, Europa, Loto, Riva, Rosa Marchetti,Savio Veneria
61 70
Tolima 61 69
Inca 61 68
Arôme 60 71
Alfa, 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
60 70
Strymonas 60 69
Anseatico, Arlesienne, Baldo, Belgioioso,Betis, Euribe, Italpatna, Marathon, Redi,Ribello, Rizzotto, Rocca, Roma, Romanico,Romeo, Tebre, Volano
59 70
Bonnet Bell, Rita, Silla, Thaibonnet, L 202,Puntal
58 70
Evropi, Melas 58 68
Arborio, Arlatan, Blue Belle, Blue Belle ‘E',Blue Bonnet, Calendal, Razza 82, Rea
56 70
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Quality designationYield in whole
grains
(%)Total yield
(%)
Cesariot, Maratelli, Precoce Rossi 56 68
Carnaroli, Elba, Vialone Nano 55 70
Delta 55 68
Axios 55 65
Roxani 55 64
Irat348, Mana 45 65
Pygmalion 50 69
Varieties not specified 63 71
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Percentage of grains with defects
DefectRound 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 98Reduction (1)ANNEXIII
PRICE REDUCTIONS FOR GRAIN DEFECTS
Chalky F r o m2to6% F r o m2to4% From 1,5 to 4 % 1 % per 1/2 point
Striated with red F r o m1to1 0% F r o m1to5% F r o m1to5% 1 % per point
Stained and spotted From 0,50 to 4 % From 0,50 to
2,75 %From 0,50 to2,75 % 0,8 % per 1/4 point
Amber From 0,05 to 1 % From 0,05 to0,50 % From 0,05 to0,50 % 1,25 % per 1/4point
Yellow From 0,02 to0,175 % From 0,02 to0,175 % From 0,02 to0,175 % 6 % per 1/8 point
(1) Overruns in the limits are taken into account up to two decimal places.