1989R1201 — EN — 01.09.1999 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No1201/89
of3May1989
layingdownrulesimplementingthesystemofaidforcotton
(OJ L 123, 4.5.1989, p. 23)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 2733/89 of 8 September 1989 L 263 15 9.9.1989
►M2Commission Regulation (EEC) No 2432/90 of 21 August 1990 L 228 23 22.8.1990
►M3Commission Regulation (EEC) No 2756/91 of 19 September 1991 L 264 21 20.9.1991
►M4Commission Regulation (EEC) No 2328/92 of 31 July 1992 L 223 15 8.8.1992
►M5Commission Regulation (EEC) No 1785/93 of 30 June 1993 L 163 9 6.7.1993
►M6Commission Regulation (EEC) No 2046/93 of 27 July 1993 L 185 19 28.7.1993
►M7Commission Regulation (EC) No 2064/95 of 29 August 1995 L 204 8 30.8.1995
►M8Commission Regulation (EC) No 2878/95 of 13 December 1995 L 301 21 14.12.1995
►M9Commission Regulation (EC) No 905/96 of 21 May 1996 L 122 5 22.5.1996
►M10Commission Regulation (EC) No 1437/96 of 23 July 1996 L 184 29 24.7.1996
►M11Commission Regulation (EC) No 1645/96 of 30 July 1996 L 207 3 17.8.1996
►M12Commission Regulation (EC) No 1740/97 of 5 September 1997 L 244 1 6.9.1997
►M13Commission Regulation (EC) No 1664/98 of 28 July 1998 L 211 9 29.7.1998
►M14Commission Regulation (EC) No 1624/1999 of 23 July 1999 L 192 39 24.7.1999
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EEC)No1201/89
of3May1989
layingdownrulesimplementingthesystemofaidforcotton
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to the Act of Accession of Greece, and in particular
Protocol 4 on cotton, as last amended by Regulation (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 system 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 the common agricultural policy(4), as last
amended by Regulation (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 cottonshould be determined at least once a month;
Whereas, if there are no representative offers or quotations 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 deviation from the
presentation, quality, terms and place of delivery normally to be usedfor fixing the world market price; whereas account should also be takenof any compensatory amount levied on imports pursuant to Regulation(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);
Whereas, in order to facilitate checks on entitlement to aid, and in
particular on compliance with the minimum price, the conditions to besatisfied by the contracts provided for in Article 6 of Regulation (EEC)No 2169/81 should be specified;
Whereas Article 5 of Regulation (EEC) No 2169/81 provides that aid is
to be paid in respect of quantities of unginned cotton provided they areactually ginned, and whereas Article 10 provides that Member States areto 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 amount in force on the day whenthe ginning plant lodges the application 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 areassown; whereas the procedures relating to this system and the relevantchecks should be specified;1989R1201 — EN — 01.09.1999 — 002.001 — 2
(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.
▼B
Whereas, to ensure the efficient functioning of the aid system, provision
should be made for the Member States to issue a certificate stating thequantity of cotton qualifying for aid and the amount of such aid;
whereas, for administrative reasons, it should be laid down that the
cotton be ginned within acerta in period;
Whereas, pursuant to Article 8 of Regulation (EEC) No 2169/81, in
order to palliate the adverse consequences for beneficiaries of a delay inthe payment of aid, provision should be made for a proportion of the aidto be paid in advance;
Whereas, to ensure the uniform application of the aid system, 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 amonth, subject to possible adjustments in the interim;
Whereas the rate for converting the minimum price into national
currency should be the representative rate applicable on the day thecontract is concluded and the amount of aid should be the amount whichis applicable on the day the application is lodged;
Whereas, to facilitate administration of the aid system, it is desirable that
the Member States provide the Commission with regular information onthe 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 Committee for Flax and Hemp,
HAS ADOPTED THIS REGULATION:
TITLE I
Worldprice
Article 1
1. The Commission shall determine the world market price for
unginned cotton in euro for the period 1 September to 31 March. The
price shall be determined on the last working day preceding the first, 11th
and 2lstof each month and shall enter into force on the day following the
date on which it is determined. The working days taken into accountshall be those applied by the Commission. The exchange rate for theeuro used to determine the world market price shall be that applicable on
the day on which the offers and quotations referred to in Article 2 are
established. However, in the event of significant changes in the worldmarket price referred to in the first subparagraph, the Commission mayamend the said price without delay.
2. The price, fixed per 100 kilograms, shall be equal to a percentage
of the world market price for ginned cotton determined in accordancewith Article 2.
This percentage shall be set at:
— 20,6 if the price is less than ECU 110 per 100 kilograms,
— 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 kilograms.1989R1201 — EN — 01.09.1999 — 002.001 — 3
(1) OJ No L 211, 31. 7. 1981, p. 35.
(2) OJ No L 270, 30. 9. 1988, p. 61.▼M7
▼M14
▼M7
▼M7
3. The Commission shall communicate to the Member States the
price fixed per 100 kilograms of unginned cotton, as soon as that amountis fixed, and in any case before the date of its coming into force.
Article 2
1. In determining the world market price for ginned cotton the
Commission shall establish an average of the offers and quotations
obtaining on one or more European exchanges for cotton delivered ciforiginating in various supplier countries regarded as the mostrepresentative in international trade for shipments to be made duringthe nearest in date and concerning the marketing year for which the priceis 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 as shown in Annex A;
(b) cotton delivered c and f, they shall be increased by 0,2 % to take
insurance costs into account;
(c) cotton delivered fas, fob or otherwise, they shall be increased, as
appropriate, by loading, transport and insurance costs from the pointof shipment or loading to the frontier crossing point; only the lowestcosts 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 increased 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 delivered 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.
►
M7 ◄
►M7 ◄
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 marketprice has been determined in accordance with Article 1 (1).
2. On the same date as the world market price for unginned cotton as
referred to in Article 1(1) is fixed and for the same period, theCommission shall fix:
— 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 second
subparagraph of Article 5(3a) of Regulation (EC) No 1554/95.
On application by the parties concerned, advances paid before 16
December shall be increased to take account of the amount referred to inthe second indent of the first subparagraph, except where the differencebetween the two amounts is less than ECU 1/100 kg. Such applications1989R1201 — EN — 01.09.1999 — 002.001 — 4
(1) OJ L 148, 30. 6. 1995, p. 48.▼B
▼M7
▼M13
▼M13
shall be accompanied by proof that an additional security designed 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 application for aid referred to in Article 7 of
Regulation (EC) No 1554/95 is lodged in accordance with Article 7 ofthis 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 preceding31 March, less 1 % per working day of delay,
— after 15 April of the said marketing year, the aid application 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 Regulation (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 theresult obtained except where (b) is applied and shall be withoutprejudice to the second subparagraph 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
Article 2 (4) of Regulation (EEC) No 1964/87, the aid amount
applicable in that Member State shall be equal to that provided for atthe lowest ceiling. The aid amount applicable in the other MemberState shall be equal to the amount increased pursuant to (a) plus thatproportion of the increase of the first Member State exceeding the
aforementioned ceiling, in compliance with the second subparagraph
of Article 2 (4) of Regulation (EEC) No 1964/87.
Article 7
1. The application for aid shall be made in writing, it shall be lodged
by the ginning plant with the agency appointed to inspect ginning plantsby the producer Member State concerned. It shall be lodged, in respectof each harvest, between 1 May preceding the marketing year for which
the aid is applied for and 30 April following, and on or before the date
on which the application for supervised storage of the cotton is made.►
M11It shall be lodged, for each harvest, between 1 September and
31 March of the marketing year in question, but in no event before thedate on which the application for supervised storage referred to inArticle 9 is lodged. ◄
4. The application for aid shall contain the following information:
— the name, forenames, address and signature of the applicant,
— the date of the application,— quantity of unginned cotton for which aid is requested,1989R1201 — EN — 01.09.1999 — 002.001 — 5
▼M11
▼M7
▼B
▼M11
▼B
▼M4
— a reference to the application for supervised storage if already
lodged.
Article 8
1. All Community cotton growers shall send an annual declaration of
areas sown to cotton by means of the ‘area’ aid application formprovided for in the integrated administration 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 foridentifying agricultural plots provided for under IACS. Where applic-able, the grower shall submit a corrected declaration to take account ofthe area actually sown to cotton by 1 July of the following year at thelatest.
2. If the areas declared differ from those found during the inspections
referred to in Article 12 (1) (a), the Member States shall adjust thedeclarations concerned. They shall take such adjustments into account indetermining the total area declared.
Article 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
►
M831 March ◄following the year of sowing. It may be presented
for one or more consignments.
►M12However, Member States may set the time limit for lodging
applications at an earlier date than that referred to in the previoussubparagraph 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 shallimmediately inform the Commission thereof. ◄►
M14However, in
the event of unfavourable weather conditions, Member States may,during the last five working days in March, authorise the placing undersupervision of the cotton concerned. In such case, Member States shall
inform the Commission thereof no later than 10 days before that
period.◄
A ‘consignment’ shall mean a given quantity of unginned cotton,
numbered on entry to the ginning plant ►
M7 ◄.
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 applicant,
— 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 application for
supervised storage is lodged, the quantities for which the aid is applied1989R1201 — EN — 01.09.1999 — 002.001 — 6
▼B
▼M12
▼B
▼M7
▼B
▼M11
▼M11
for shall be set off against the applications for supervised storage, in
chronological order of the lodging of the applications.
►M11 ◄
(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 concerned an advance on the aid, provided asecurity 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 waslodged multiplied by the quantities to which the application relates. Thesecurity shall take one of the forms provided for in Article 8 ofRegulation (EEC) No 2220/85. The security shall be forfeited pro rata tothe amount by which the advance to be paid exceeds the amount of the
aid to be granted.
Article 10
1. Not later than when a quantity is taken into supervised storage, one
or more contracts and/or declarations drawn up in accordance with
paragraphs 2 and 3 shall be submitted ►M4for each consignment. ◄
to the agency referred to in Article 7 (1).
2. A contract as provided for in paragraph 1 shall contain 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 information shall
be replaced by undertakings by the producer to deliver and by thebuyer to take delivery of the quantity harvested on the area inquestion; in such cases the quantity shall be determined by theMember State on the basis of the yields recorded in the regionconcerned and any other relevant information supplied by the
interested party;
(e) the area, expressed in hectares and ares, with identification of the
agricultural plot or plots in accordance with the system foridentifying agricultural plots laid down under IACS;
(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 determined by
common consent which are proportional to the difference inquality in relation to the standard quality.
(g) a clause providing that, should Article 6 of Regulation (EC) No
1554/95 and, where appropriate, Article 6 of this Regulation be1989R1201 — EN — 01.09.1999 — 002.001 — 7
▼M7
▼M11
▼M12
▼M7
▼B
▼M12
▼B
▼M7
▼M7
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 declaration 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 cotton is 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 concerned shall submit a declara-tion to the agency referred to in Article 7(1) to the effect that thecotton 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 aidapplications 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 undertaking;
(iii) an undertaking that the aid will be passed on to the individual
producer or the producer group.
(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 withparagraph 2(g). To that end, the group shall in particular supplythe price at which the producers deliver the unginned cotton, asdetermined in accordance with paragraph 2(f).
(c) Paragraph 2(h) shall apply mutatis mutandis where the cotton is
ginned on behalf of an individual producer or a producer group.
(d) Without prejudice to Articles 7 and 9, applications for supervised
storage and aid applications shall include a reference to thedeclaration provided for in (a).
(e) At the request of the individual producer or the producer group
concerned, the documents referred to in Articles 7 and 9 concerningapplications for supervised storage and aid applications may be sentto them by the competent agency.
Article 11
Within 120 days of its entry into supervised storage and in any case
before►
M820 April ◄of a given marketing year, the ginning plant
shall notify the Member State of the quantity of ginned cotton producedfrom the quantity of unginned cotton taken into supervised storage. Thequantity 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;1989R1201 — EN — 01.09.1999 — 002.001 — 8
▼B
▼M7
▼M13
▼M7
▼B
▼M8
(b) that the contracts lodged fulfil the conditions laid down in Article
10, in particular compliance with the minimum price and theproportional nature of any adjustment thereto. A reduction of the
agreed price can be considered disproportional only if the reduction
indicated in the contract to take account of the difference in thelength or grade of the cotton fibre delivered compared to thoseparameters for cotton of standard quality is clearly unreasonable interms of the real depreciation in value of the cotton delivered.
(c) that the quantity of cotton for which aid is being applied for
corresponds to the quantity of unginned cotton of Community origin
produced on the area indicated 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 ►
M13Article 7(1) and
(2)◄of Regulation (EC) No 1554/95 have been kept in accordance
with Article 13 of this Regulation. In particular, it shall verify that
the invoices and other documents referred to in the second indent of
Article 13 have been signed by identifiable suppliers who can justifyto the satisfaction of the Member State concerned the origin of theunginned cotton and the reference to the declaration of areas sownand that they indicate a price at least equal to the minimum price,corrected where appropriate to take account of the quality delivered.
(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 aid only the
quantity of cotton in respect of which all the conditions are fulfilled.
3. Except in cases of forcemajeure , unginned cotton whose entry into
the ginning plant has been verified pursuant 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 quantities 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 sufficientlysecure for the purposes of control of the stored products and which
has been approved in advance by the agency responsible for
inspection.
Article 13
The stock records provided for in ►M7►M13Article 7(1) and (2) of
Regulation (EC) No 1554/95 ◄◄shall contain the following
information, separately in respect of unginned cotton harvested insidethe Community and unginned cotton harvested outside the Community:
— the quantity of ginned cotton produced by reference to the
consignments of unginned cotton taken into supervised storge.1989R1201 — EN — 01.09.1999 — 002.001 — 9
▼B
▼M7
▼M12
▼B
▼M13
▼B
▼M7
▼B
▼M7
▼B
— 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 received, the
number of the invoice or, where appropriate, the number of thereceipt 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 noteor any other document 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 Commis-
sion:
(a) the name and address of the agencies appointed to implement the
provisions of this Regulation, as soon as those agencies areappointed;
(b) not later than the 15th of each month, the quantities for which aid
was requested during the preceding month;
(c) not later than the 15th of each month, the quantities taken into
supervised storage during the preceding month;
(d) not later than ►
M1215 May◄each year:
— the average quality of ginned cotton and average yields of ginned
cotton and cotton seed, recorded during the current marketingyear,
— a summary of the quantities for which aid was approved in
respect of the current marketing year.
(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 unginned cotton as
referred to in ►
M13the first subparagraph of Article 5(3a) ◄
of Regulation (EC) No 1554/95.
(f) by 25 November at the latest each year, the most recent figures on
quantities placed in supervised storage and the revised productionestimate for unginned cotton as referred to in the secondsubparagraph of Article 5(3a) of Regulation (EC) No 1554/95.
Where the world market price of unginned cotton change in the course
of a month, the data specified in (b) shall be broken down for each
period in respect of which a different world market price applies. The
data specified in ►
M13the 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), theMember States shall so inform the Commission without delay, statingwhat measures have been adopted.
3. The Commission shall send to the Member States regular
summaries of the data supplied.1989R1201 — EN — 01.09.1999 — 002.001 — 10
▼M12
▼B
▼M12
▼M13
▼M7
▼B
▼M14
Article 15
The exchange rate for the euro to be applied to the minimum price, the
amount of the advance and the aid shall be that of the date of entry into
force of the world market price for unginned cotton applicable when the
consignment of cotton in question is placed 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 Articles of that Regulation,those references shall be construed as references to this Regulation or tothe corresponding Articles hereof.
Article 17
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply to cotton harvested from the 1989/90 marketing year
onwards.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1989R1201 — EN — 01.09.1999 — 002.001 — 11
▼B
▼B
ANNEX A
Coefficientsofequivalenceforginnedcotton
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 5.1989R1201 — EN — 01.09.1999 — 002.001 — 12
▼M7
ANNEX B
Determinationoftheweightofaconsignmentofginnedcotton
1. A consignment of ginned cotton means a quantity of ginned cotton produced
from agiven consignment or consignments of unginned cotton ta ken 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 aconsignment:
— 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 has not 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
4 plus 14,5 plus 0,5
5—
5,5 minus 0,5
6 minus 1
6,5 minus 1,5
7 minus 2
7,5 minus 2,5
8 minus 4
8,5 and more minus 5
2. for the consignments for which a grade is not established by the inspection
agency appointed 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 for which 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.1989R1201 — EN — 01.09.1999 — 002.001 — 13
▼M12
▼M7
▼M12
▼M7