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1This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
COMMISSION REGULATION (EEC) No 1201/89
of 3 May 1989
laying down rules implementing the system of aid for cotton
(OJ No L 123, 4. 5. 1989, p. 23)
Amended by:
Official Journal
No page date
Commission Regulation (EEC) No 2733/89 of 8 September 1989 L 263 15 9. 9. 1989
Commission Regulation (EEC) No 2432/90 of 21 August 1990 L 228 23 22. 8. 1990Commission Regulation (EEC) No 2756/91 of 19 September 1991 L 264 21 20. 9. 1991Commission Regulation (EEC) No 2328/92 of 31 July 1992 L 223 15 8. 8. 1992Commission Regulation (EEC) No 1785/93 of 30 June 1993 L 163 9 6. 7. 1993Commission Regulation (EEC) No 2046/93 of 27 July 1993 L 185 19 28. 7. 1993Commission Regulation (EC) No 2064/95 of 29 August 1995 L 204 8 30. 8. 1995Commission Regulation (EC) No 2878/95 of 13 December 1995 L 301 21 14. 12. 1995Commission Regulation (EC) No 905/96 of 21 May 1996 L 122 5 22. 5. 1996Commission Regulation (EC) No 1437/96 of 23 July 1996 L 184 29 24. 7. 1996Commission Regulation (EC) No 1645/96 of 30 July 1996 L 207 3 17. 8. 1996Commission Regulation (EC) No 1740/97 of 5 September 1997 L 244 1 6. 9. 1997Commission Regulation (EC) No 1664/98 of 28 July 1998 L 211 9 29. 7. 1998
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ICOMMISSION REGULATION (EEC) No 1201/89
of 3 May 1989
laying down rules implementing the system of aid for cotton
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanEconomic Community,
Having regard to the Act of Accession of Greece, and in
particular Protocol 4 on cotton, as last amended by Re-
gulation (EEC) No 4006/87 (
1),
Having regard to Council Regulation (EEC) No 2169/81
of 27 July 1981 fixing general rules with regard to the sys-
tem of aid for cotton (2), as last amended by Regulation
(EEC) No 791/89 (3), and in particular Article 11 thereof,
Having regard to Council Regulation (EEC) No 1676/85
of 11 June 1985 on the value on the unit of account and
the conversion rates to be applied for the purposes of thecommon agricultural policy (
4), as last amended by Regula-
tion (EEC) No 1636/87 (5), and in particular Article 12
thereof,
Whereas, in view of the fluctuations which normally occur
in world market prices, the average world market price for
unginned cotton should be determined at least once a
month;
Whereas, if there are no representative offers or quota-
tions for unginned cotton, the world market price for this
product should be determined on the basis of the value of
the products resulting from the ginning thereof;
Whereas provision should be made for the adjustment of
offers and quotations in order to compensate for any devi-
ation from the presentation, quality, terms and place of
delivery normally to be used for fixing the world market
price; whereas account should also be taken of any com-
pensatory amount levied on imports pursuant to Regula-
tion (EEC) No 143/67/EEC of the Council of 21 June 1967
on the compensatory amount aplicable to certain vegetable
oils (6), as amended by Regulation (EEC) No 2077/71 (7);
(1) OJ No L 377, 31. 12. 1987, p. 49.
(2) OJ No L 211, 31. 7. 1981, p. 2.
(3) OJ No L 85, 30. 3. 1989, p. 7.
(4) OJ No L 164, 24. 6. 1985, p. 1.
(5) OJ No L 153, 13. 6. 1987, p. 1.
(6) OJ No 125, 26. 6. 1967, p. 2463/67.
(7) OJ No L 220, 30. 9. 1971, p. 1.
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IIWhereas, in order to facilitate checks on entitlement to
aid, and in particular on compliance with the minimum
price, the conditions to be satisfied by the contracts pro-
vided for in Article 6 of Regulation (EEC) No 2169/81
should be specified;
Whereas Article 5 of Regulation (EEC) No 2169/81 pro-
vides that aid is to be paid in respect of quantities of un-
ginned cotton provided they are actually ginned, and
whereas Article 10 provides that Member States are to
check the entry of the products to the ginning plant and
the ginning thereof; whereas, to ensure the effectiveness of
such checks, the term ‘ginning plant’ should be defined and
the checking procedure laid down;
Whereas the stock records of the processors should be
used as a basis for this check;
Whereas, in order to facilitate the marketing of unginned
cotton, the amount of aid applicable should be the amountin force on the day when the ginning plant lodges the ap-
plication for aid;
Whereas in accordance with Article 8 of Regulation (EEC)
No 2169/81 the Member States are to introduce a system
of declarations of areas sown; whereas the procedures re-
lating to this system and the relevant checks should be
specified;
Whereas, to ensure the efficient functioning of the aid sys-
tem, provision should be made for the Member States to
issue a certificate stating the quantity of cotton qualifying
for aid and the amount of such aid; whereas, for adminis-
trative reasons, it should be laid down that the cotton be
ginned within a certain period;
Whereas, pursuant to Article 8 of Regulation (EEC)
No 2169/81, in order to palliate the adverse consequences
for beneficiaries of a delay in the payment of aid, provi-
sion should be made for a proportion of the aid to be paid
in advance;
Whereas, to ensure the uniform application of the aid sys-
tem, detailed rules for payment of the aid should be laid
down;
Whereas the minimum frequency of fixings of the aid
should be specified; whereas it will be sufficient to fix the
aid at least once a month, subject to possible adjustments
in the interim;
Whereas the rate for converting the minimum price into
national currency should be the representative rate appli-
cable on the day the contract is concluded and the amount
of aid should be the amount which is applicable on theday the application is lodged;
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IIIWhereas, to facilitate administration of the aid system, it is
desirable that the Member States provide the Commission
with regular information on the production and ginning of
unginned cotton;
Whereas in the interests of clarity Commission Regulation
(EEC) No 2183/81 (1), as last amended by Regulation
(EEC) No 2993/88 (2) should be repealed and replaced by
this Regulation;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management Com-
mittee for Flax and Hemp,
HAS ADOPTED THIS REGULATION:
(1) OJ No L 211, 31. 7. 1981, p. 35.
(2) OJ No L 270, 30. 9. 1988, p. 61.
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1TITLE I
World price
Article 1
1. The world market price for unginned cotton shall be
determined once a month so that it may come into effect
on the first day of the month following the date of fixing.
However, if the market situation changes significantly, the
said price may be changed in the intervening period.
2. The price, fixed per 100 kilograms, shall be equal to a
percentage of the world market price for ginned cotton de-
termined in accordance with Article 2.
This percentage shall be set at:
— 20,6 if the price is less than ECU 110 per 100 kilo-
grams,
— 23,0 if the price is ECU 110 or more but less than
ECU 130 per 100 kilograms,
— 24,4 if the price is ECU 130 or more per 100 kilo-
grams.
3. The Commission shall communicate to the Member
States the price fixed per 100 kilograms of unginned cot-
ton, as soon as that amount is fixed, and in any case be-
fore the date of its coming into force.
Article 2
1. In determining the world market price for ginned cot-
ton the Commission shall establish an average of the offers
and quotations obtaining on one or more European ex-
changes for cotton delivered cif originating in various
supplier countries regarded as the most representative in
international trade for shipments to be made during the
nearest in date and concerning the marketing year for
which the price is determined.
2. Where the offers and quotations relate to:
(a) ginned cotton of a quality other than the quality for
which the guide price was fixed, they shall be adjusted
a ss h o w ni nA n n e xA ;
(b) cotton delivered c and f, they shall be increased by
0,2 % to take insurance costs into account;1201/89
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2(c) cotton delivered fas, fob or otherwise, they shall be
increased, as appropriate, by loading, transport and in-
surance costs from the point of shipment or loading to
the frontier crossing point; only the lowest costs shall
be taken into account.
3. Where the world market price cannot be determined
in accordance with paragraph 1, the second subparagraph
of Article 4 (2) of Regulation (EC) No 1554/95 shall
apply.
The offers and quotations taken into account shall be in-
creased by ECU 1 304 per 100 kilograms to take account
of unloading and forwarding costs at Piraeus.
Whereas the offers and quotations relate to cotton deliv-
ered cif to a frontier crossing point other than Piraeus,
they shall be adjusted on the basis of the difference in
transport and insurance costs as against cotton delivered
cif at Piraeus. Paragraph 2 shall also apply.
Article 3
Article 4
TITLE II
Aid
Article 5
1. Not later than 15 July the Commission shall fix the
amount of aid for unginned cotton applicable for each
period for which a world market price has been deter-
mined in accordance with Article 1 (1).
2. On the same date as the world market price for un-
ginned cotton as referred to in Article 1(1) is fixed and for
t h es a m ep e r i o d ,t h eC o m m i s s i o ns h a l lf i x :
— from 1 September, the advance referred to in the first
subparagraph of Article 5(3a) of Council Regulation
(EC) No 1554/95 (1),
— from 16 December, the advance referred to in the sec-
ond subparagraph of Article 5(3a) of Regulation (EC)
No 1554/95.
(1) OJ L 148, 30. 6. 1995, p. 48.2064/95
deleted
deleted
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3On application by the parties concerned, advances paid be-
fore 16 December shall be increased to take account of
the amount referred to in the second indent of the first
subparagraph, except where the difference between the two
a m o u n t si sl e s st h a nE C U1 / 1 0 0k g .S u c ha p p l i c a t i o n ss h a l l
be accompanied by proof that an additional security de-
signed to ensure that Article 9(8) is complied with has
been lodged.
3. Without prejudice to Article 6 of Regulation (EC)No 1554/95 and Article 6 of this Regulation, the aid to be
granted shall be that which is valid on the day the applica-
tion for aid referred to in Article 7 of Regulation (EC)
No 1554/95 is lodged in accordance with Article 7 of this
Regulation. However, if the aid application is lodged:
— between 1 and 15 April of the marketing year for
which the aid is applied for, the aid to be granted shall
be that valid on the preceding 31 March, less 1 % perworking day of delay,
— after 15 April of the said marketing year, the aid ap-
plication shall be rejected.
Article 6
The increase in the amount of the aid, provided for in
Article 2 (4) of Regulation (EEC) No 1964/87, shall be
established as follows:
(a) the difference between the total budgetary expenditure
on the aid system established after Article 2 (3) of Re-
gulation (EEC) No 1964/87 has been applied and
ECU 770 million shall be divided by the combined
actual production of the Member States whose actual
production exceeds the GNQ. The increase shall be
equal to the result obtained except where (b) is ap-
plied and shall be without prejudice to the second sub-
paragraph of Article 2 (4) of Regulation (EEC)No 1964/87;
(b) if the actual production in Spain and Greece exceeds
the GNQ and if in one of those Member States the
aid amount increased pursuant to (a) exceeds one of
the ceilings fixed in the second subparagraph of Ar-
ticle 2 (4) of Regulation (EEC) No 1964/87, the aid
amount applicable in that Member State shall be equal
to that provided for at the lowest ceiling. The aid
amount applicable in the other Member State shall be
equal to the amount increased pursuant to (a) plus
that proportion of the increase of the first Member
State exceeding the aforementioned ceiling, in com-
pliance with the second subparagraph of Article 2 (4)
of Regulation (EEC) No 1964/87.1664/98
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4Article 7
1. The application for aid shall be made in writing, it
shall be lodged by the ginning plant with the agency ap-
pointed to inspect ginning plants by the producer Member
State concerned. It shall be lodged, in respect of each
harvest, between 1 May preceding the marketing year for
w h i c ht h ea i di sa p p l i e df o ra n d3 0A p r i lf o l l o w i n g ,a n do n
or before the date on which the application for supervised
storage of the cotton is made. It shall be lodged, for each
harvest, between 1 September and 31 March of the
marketing year in question, but in no event before the
date on which the application for supervised storage re-
ferred to in Article 9 is lodged.
4. The application for aid shall contain the following in-
formation:
— the name, forenames, address and signature of the ap-
plicant,
— the date of the application,
— quantity of unginned cotton for which aid is requested,
— a reference to the application for supervised storage if
already lodged.
Article 8
1. All Community cotton growers shall send an annualdeclaration of areas sown to cotton by means of the “area”
aid application form provided for in the integrated admin-
istration and control system (IACS) before a date set by
the Member State concerned. The agricultural plot or plots
concerned shall be identified in accordance with the system
for identifying agricultural plots provided for under IACS.
Where applicable, the grower shall submit a corrected dec-
laration to take account of the area actually sown to cot-
ton by 1 July of the following year at the latest.
2. If the areas declared differ from those found during
the inspections referred to in Article 12 (1) (a), the
Member States shall adjust the declarations concerned.
They shall take such adjustments into account in determin-
ing the total area declared.1201/89
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5Article 9
1. All ginning plants shall lodge an application for
supervised storage when the unginned cotton enters the
ginning plant.
2. The application for supervised storage shall be made
in writing. It shall be lodged with the agency authorized to
inspect ginning plants, appointed by the producer Member
State in question, not later than 31 March following the
year of sowing. It may be presented for one or more con-
signments.
However, Member States may set the time limit for lodg-ing applications at an earlier date than that referred to in
the previous subparagraph provided this does not distort in
a significant way trade in the sector. In such a case,
Member States shall adopt the new time limit no later
than 30 days before the established time limit and shall
immediately inform the Commission thereof.
A ‘consignment’ shall mean a given quantity of unginned
cotton, numbered on entry to the ginning plant
.
Member States shall take the necessary measures to ensure
that the unginned cotton entering ginning plants is of
sound, fair and merchantable quality. Member States shall
refuse the placing into supervised storage of the quantities
which do not meet these standards.
3. The application for supervised storage shall contain:
— the name, forenames, address and signature of the ap-
plicant,
— the date of application,
— the quantity of unginned cotton in respect of which the
application is made,
— the number(s) of the consignment(s) concerned,
— as the case may be, a reference to the aid application
lodged on the same day or a statement that it will be
lodged at a later date.
4. Where the aid application is lodged after the applica-
tion for supervised storage is lodged, the quantities for
which the aid is applied for shall be set off against the
applications for supervised storage, in chronological order
of the lodging of the applications.1201/89
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6(SIC! 8.) From the start of supervised storage and with
effect from 16 October following the start of the marketing
year, Member States shall, on request, grant those con-
cerned an advance on the aid, provided a security at least
equal to 110% of the advance is lodged. The advance shall
be equal to the amount of the advance in ecus per
100 kilograms valid on the day on which the application
for supervised storage was lodged multiplied by the quan-
tities to which the application relates. The security shall
take one of the forms provided for in Article 8 of Regula-
tion (EEC) No 2220/85. The security shall be forfeited pro
rata to the amount by which the advance to be paid ex-
ceeds the amount of the aid to be granted.
Article 10
1. Not later than when a quantity is taken into super-
vised storage, one or more contracts and/or declarations
drawn up in accordance with paragraphs 2 and 3 shall be
submitted for each consignment. to the agency referred to
in Article 7 (1).
2. A contract as provided for in paragraph 1 shall con-
tain the following information:
(a) name, signature and address of the contracting parties;
(b) the date on which it is concluded;
(c) the year of sowing;
(d) the quantity covered by the contract; the total quantity
given in a number of contracts referring to a single aid
application may not be less than that given in the aid
application concerned.
If the contract is concluded before the harvest, this in-
formation shall be replaced by undertakings by the
producer to deliver and by the buyer to take delivery
of the quantity harvested on the area in question; insuch cases the quantity shall be determined by the
Member State on the basis of the yields recorded in
the region concerned and any other relevant informa-
tion supplied by the interested party;
(e) the area, expressed in hectares and ares, with identifi-
cation of the agricultural plot or plots in accordance
with the system for identifying agricultural plots laid
down under IACS;1740/97
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7(f) the selling price of the unginned cotton by unit of
weight, with the specification that:
1. the price is fixed for cotton of standard quality, ex
holding;
2. the price is subject only to the adjustments deter-
mined by common consent which are proportional
to the difference in quality in relation to the stan-
dard quality.
(g) a clause providing that, should Article 6 of Regulation
(EC) No 1554/95 and, where appropriate, Article 6 of
this Regulation be applied, the agreed price for a
product of standard quality will be reduced by the
amount by which the aid will be reduced;
(h) a reference to the declaration of areas sown provided
for in Article 8; however, if the declaration is not
available when the contract is concluded, a reference
to it shall be added to the contract as soon as the dec-laration is received;
(i) the terms of payment and in particular the time limit
for payment of the selling price.
3. The following provisions shall apply where the cottonis to be ginned on behalf of an individual producer or a
producer group as referred to in Article 7(2) of Regulation
(EC) No 1554/95.
(a) No later than 10 days before the date of first placing
in supervised storage, the ginning undertaking con-
cerned shall submit a declaration to the agency re-
ferred to in Article 7(1) to the effect that the cotton is
to be ginned on behalf of an individual producer or, as
the case may be, of a producer group.
In addition, such declarations, to be signed by both
parties concerned, shall specify:
(i) the way the ginning undertaking is to administer
applications for supervised storage as provided for
in Article 9 and aid applications as provided for in
Article 7;
(ii) the way individual producers or producer groups
are to prove they have fulfilled their obligations
regarding entitlement to the aid to the ginning un-
dertaking;
(iii) an undertaking that the aid will be passed on to
the individual producer or the producer group.1201/89
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8(b) Where ginning is carried out on behalf of a producer
group, fulfilment of the undertaking provided for in
point (a)(iii) shall imply provision by the group of
proof of the undertaking to pay each member the
minimum price, adjusted in accordance with para-
graph 2(g). T o that end, the group shall in particular
supply the price at which the producers deliver the un-
ginned cotton, as determined in accordance with para-
graph 2(f).
(c) Paragraph 2(h) shall apply mutatis mutandis where the
c o t t o ni sg i n n e do nb e h a l fo fa ni n d i v i d u a lp r o d u c e ro r
a producer group.
(d) Without prejudice to Articles 7 and 9, applications for
supervised storage and aid applications shall include a
reference to the declaration provided for in (a).
(e) At the request of the individual producer or the pro-
ducer group concerned, the documents referred to inArticles 7 and 9 concerning applications for supervised
storage and aid applications may be sent to them by
the competent agency.
Article 11
Within 120 days of its entry into supervised storage and in
any case before 20 April of a given marketing year, the
ginning plant shall notify the Member State of the quantity
of ginned cotton produced from the quantity of unginned
cotton taken into supervised storage. The quantity of
ginned cotton shall be established in accordance with the
method set out in Annex B.
Article 12
1. The agency appointed by the producer Member State
shall verify:
(a) the accuracy of the declarations of areas sown, on the
basis of random inspections relating to not less than
5 % of the declarations;
(b) that the contracts lodged fulfil the conditions laid
down in Article 10, in particular compliance with the
minimum price and the proportional nature of any ad-
justment thereto. A reduction of the agreed price can
be considered disproportional only if the reduction
indicated in the contract to take account of the differ-
ence in the length or grade of the cotton fibre deliv-
ered compared to those parameters for cotton of stan-
dard quality is clearly unreasonable in terms of the
real depreciation in value of the cotton delivered.1664/98
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9(c) that the quantity of cotton for which aid is being ap-
plied for corresponds to the quantity of unginned cot-
ton of Community origin produced on the area indi-
cated in the contract(s);
(d) the accuracy of the data communicated by the ginning
plants in accordance with Article 11.
(e) that the stock records provided for in Article 7(1) and
(2) of Regulation (EC) No 1554/95 have been kept in
accordance with Article 13 of this Regulation. In par-
ticular, it shall verify that the invoices and other docu-
ments referred to in the second indent of Article 13
have been signed by identifiable suppliers who can jus-
tify to the satisfaction of the Member State concerned
the origin of the unginned cotton and the reference to
the declaration of areas sown and that they indicate a
price at least equal to the minimum price, corrected
where appropriate to take account of the quality deliv-ered.
(f) by cross-checks, that the agricultural plots mentioned
in the contracts correspond to those declared by the
growers in their “area” aid applications.
2. The competent agency shall allow as qualifying for aidonly the quantity of cotton in respect of which all the
conditions are fulfilled.
3. Except in cases of force majeure , unginned cotton
whose entry into the ginning plant has been verified pursu-
ant to paragraph 1 may not leave the plant unginned, save
on prior authorization by the competent agency; otherwise,
the entitlement to aid will be forfeited.
Prior authorisation may be granted in particular for quan-tities ginned on behalf of an individual producer or of a
producer group.
4. For the purposes of this Regulation ‘ginning plant’shall mean:
(a) any building or other place within the precincts of a
cotton ginning establishment;
(b) if the products concerned cannot be stored within
those precincts, any place of storage situated outside
them which is sufficiently secure for the purposes of
control of the stored products and which has been ap-
proved in advance by the agency responsible for in-
spection.1201/89
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10Article 13
The stock records provided for in Article 7(1) and (2) of
Regulation (EC) No 1554/95 shall contain the following
information, separately in respect of unginned cotton harv-
ested inside the Community and unginned cotton harvested
outside the Community:
— the quantity of ginned cotton produced by reference to
the consignments of unginned cotton taken into super-
vised storge.
— the quantities of unginned cotton, ginned cotton, seed,
oil and cotton linters in stock on the first day of each
month,
— in respect of each consignment of such products re-
ceived, the number of the invoice or, where appropri-
ate, the number of the receipt or any other equivalent
document issued per consignment, with an indication
of the quantity concerned,
— in respect of each consignment of such products sent
out, the number of the invoice, or, where appropriate,
the number of the dispatch note or any other docu-
ment issued per consignment, with an indication of the
quantity concerned.
TITLE III
General provisions
Article 14
1. The producer Member States shall communicate to
the Commission:
(a) the name and address of the agencies appointed to im-
plement the provisions of this Regulation, as soon as
those agencies are appointed;
( b )n o tl a t e rt h a nt h e1 5 t ho fe a c hm o n t h ,t h eq u a n t i t i e s
for which aid was requested during the preceding
month;
( c )n o tl a t e rt h a nt h e1 5 t ho fe a c hm o n t h ,t h eq u a n t i t i e s
taken into supervised storage during the preceding
month;
(d) not later than 15 May each year:
— the average quality of ginned cotton and average
yields of ginned cotton and cotton seed, recorded
during the current marketing year,
— a summary of the quantities for which aid was ap-
proved in respect of the current marketing year.1201/89
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11(e) by 15 August at the latest each year:
— the areas shown to cotton during the current year,
if necessary adjusted in accordance with Article 8
(2),
— the corresponding estimated production of un-
ginned cotton as referred to in the first subpara-
graph of Article 5(3a) of Regulation (EC)
No 1554/95.
(f) by 25 November at the latest each year, the most re-
cent figures on quantities placed in supervised storage
and the revised production estimate for unginned cot-
ton as referred to in the second subparagraph of Ar-
ticle 5(3a) of Regulation (EC) No 1554/95.
Where the world market price of unginned cotton changein the course of a month, the data specified in (b) shall be
broken down for each period in respect of which a differ-
ent world market price applies. The data specified in
the
second indent of (d) shall be broken down by the same
periods as apply in the case of (b).
2. Where significant irregularities are uncovered by 6 %or more of the inspections carried out in accordance with
Article 12 (1) (a), the Member States shall so inform the
Commission without delay, stating what measures have
been adopted.
3. The Commission shall send to the Member States
regular summaries of the data supplied.
Article 15
T h ec o n v e r s i o nr a t et ob ea p p l i e dt ot h em i n i m u mp r i c e ,
the amount of the advance and the aid shall be the repre-
s e n t a t i v er a t ei nf o r c eo nt h ed a yt h ec o t t o ni sp l a c e d
under supervised storage.
Article 16
1. Regulation (EEC) No 2183/81 is hereby repealed.
2. In all Community instruments where reference is
made to Regulation (EEC) No 2183/81 or to certain Ar-
ticles of that Regulation, those references shall be con-
strued as references to this Regulation or to the correspon-
ding Articles hereof.
Article 17
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European Commu-
nities .
It shall apply to cotton harvested from the 1989/90
marketing year onwards.1740/97
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12ANNEX A
Coefficients of equivalence for ginned cotton
Increase or reduction of price by:
(a) 1 % for each mm more or less than 28 mm;(b) 1,5 % for each half grade higher or lower than grade 5.1201
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13ANNEX B
Determination of the weight of a consignment of ginned cotton
1. A consignment of ginned cotton means a quantity of ginned cotton produced from a given
consignment or consignments of unginned cotton taken into supervised storage.
2. Without prejudice to point 4, the weight as such of a consignment of ginned cotton is to be
increased by 0,6 % for each half-point of moisture below 8,5 % and reduced by the same
percentage for each half-point of moisture above 8,5 %.
The moisture content of a consignment:
— is established by the inspection agency appointed by the Member State by the taking of
samples which must relate to at least 5 % of the consignment produced by each ginning
plant or,
— is equal to the average moisture content recorded for each ginning plant as a result of
the taking of samples referred to in the first indent if the consignment in question hasnot been sampled. This moisture content is to be communicated to the ginning plant by
the inspection agency.
3. Without prejudice to point 4, the weight as such of a consignment of ginned cotton is to be
adjusted as follows:
1. for consignment the grade of which is determined by the inspection agency appointed by
the Member State, the table below applies:
Grade Percentage by which weight is adjusted
3,5 and less plus 1,5
4p l u s 1
4,5 plus 0,5
5—
5,5 minus 0,5
6m i n u s 1
6,5 minus 1,5
7m i n u s 2
7,5 minus 2,5
8m i n u s 4
8,5 and more minus 5
2. for the consignments for which a grade is not established by the inspection agency ap-
pointed by the Member State, the weight as such is adjusted by taking into account the
average impurity content recorded for each ginning plant on the basis of the samples
taken by the inspection agency which must relate to at least 5 % of the consignments forwhich a grade is not established. This impurity content is to be communicated to the
ginning plant by the inspection agency.
The actual weight is to be increased by 0,6 % for each half-point of impurities below
2,5 % and reduced by the same percentage for each half-point of impurities above
2,5 %.
4. However, if the ginned cotton is not stored under normal storage conditions, in particular if
it is not kept in a dry place or if the moisture content of the outer layers of the bale
exceeds the limits practised by the trade, the determination of weight as described above
can proceed only after the limits practised by the trade are complied with.2064 /95
1740 /97
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1740 /97
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1740 /97
2064 /95
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14ANNEX C 2064 /9 5 --- d e l e t e d