REGULATION No 470/67/EEC OF THE COMMISSION of 21 August 1967 on the taking over of paddy rice by intervention agencies, and fixing the corrective amounts, price increases and reductions applied by them

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community;

Having regard to Council Regulation No 359/67/EEC (1) of 25 July 1967 on the common organisation of the market in rice, and in particular Article 5 (5) thereof;

Whereas Regulation No 359/67/EEC provides that the intervention prices for rice must be fixed for paddy rice of a specific standard quality and that, if the quality of the paddy rice offered for intervention differs from that standard quality, the intervention price must be adjusted by applying corrective amounts and price increases or reductions;

Whereas paddy rice whose quality does not permit sufficient use or storage should not be accepted for intervention ; whereas in fixing the minimum quality particular consideration should be given to climatic conditions in the rice-growing areas of the Community ; whereas, in order to simplify the administration of intervention and in particular to allow uniform lots to be made up, a minimum quantity should be fixed below which the intervention agency is not obliged to accept the offer;

Whereas, for the application of the price increases and reductions, account should be taken of the basic characteristics of the paddy rice allowing objective assessment of the quality ; whereas the moisture content, the yield after processing and the defects of the grain can be assessed by simple and effective methods, thus meeting this requirement;

Whereas, for calculation of the corrective amounts, the differences in value between the other varieties and the variety corresponding to the standard quality should be laid down ; whereas, for calculation of the price increases and reductions, account should be taken of the effect of the above-mentioned characteristics on the processing value of the paddy rice;

Whereas the conditions governing offers to intervention agencies and taking-over by them should be as uniform as possible throughout the Community to avoid discriminating between producers ; whereas it may be advisable for intervention agencies to apply, concurrently with this Regulation, certain measures which are suited to their individual circumstances and in particular to trade practices;

Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Management Committee for Cereals;

HAS ADOPTED THIS REGULATION:

Article 1

Any holder of uniform lots of paddy rice of at least 10 metric tons harvested in the Community shall be entitled to offer such rice to the intervention agency. The intervention agencies may however fix a higher minimum tonnage.

Article 2

1. To be accepted for intervention, paddy rice shall be of sound and fair marketable quality.

2. Paddy rice shall be considered to be of sound and fair marketable quality when it is free of odour and of live pests, and when: (1) OJ No 174, 31.7.1967, p. 1.

- the moisture content does not exceed 16 %;

- the yield after processing is not less than 14 % for round-grained rice, and not less than 10 % for other rice, below the basic yields listed in Annex III to this Regulation;

- the percentage of chalky grains does not exceed 8 % for round-grained rice and 5 % for other rice;

- the percentage of grains striated with red does not exceed 10 % for round-grained rice and 5 % for other rice;

- the percentage of spotted grains does not exceed 4 % for round-grained rice and 3 % for other rice;

- the percentage of stained grains does not exceed 2 % for round-grained rice and 1 % for other rice;

- the percentage of amber grains does not exceed 2 % for round-grained rice and 1 % for other rice;

- the percentage of yellow grains does not exceed 0.25 %.

Article 3

1. Where the variety of paddy rice offered for intervention differs from the variety adopted as the standard quality, the corrective amount to be applied to the intervention price shall be fixed as shown in Annex I.

2. Where the moisture content of the paddy rice offered for intervention exceeds the content laid down for the standard quality of paddy rice, the price reductions to be applied shall be as shown in Annex II.

3. Where the yield after processing of the paddy rice offered for intervention differs from the yield laid down for the standard quality of paddy rice, the price increases and reductions to be applied shall be as shown in Annex III.

4. Where the defects in the grains of the paddy rice offered for intervention exceed the tolerances for the standard quality of paddy rice, the price reductions to be applied shall be as shown in Annex IV.

5. The above-mentioned price increases and reductions shall be calculated by applying the percentages shown in the Annexes to the intervention price ruling at the beginning of the year at the marketing centre chosen by the seller, after that price has been modified by the corrective amount referred to in paragraph 1.

Article 4

1. All offers for intervention must be made in writing to an intervention agency.

2. Offers shall be accepted by the intervention agency as quickly as possible and necessary information concerning the conditions under which the goods will be taken over shall be given. Objections to the conditions may be made only within forty-eight hours of receipt of the acceptance.

3. The price to be paid to the seller shall be that fixed in accordance with Article 2 of Regulation No 364/67/EEC (1) for goods delivered unloaded to storage depot and valid for the month of delivery specified when the offer was accepted, account being taken of the corrective amounts, price increases and reductions laid down in Annexes I to IV to this Regulation.

4. Payment shall be made as soon as possible after the taking over.

Article 5

1. The date of the taking over by the intervention agency shall be agreed between the seller and the intervention agency.

2. The actual taking over shall be effected by the intervention agency in the presence of the seller or his duly authorised agents.

3. If no agreement can be reached concerning the quality and the characteristics of the paddy rice offered, samples taken by both parties shall be analysed by a laboratory approved by the competent authorities. The results of such analysis shall be final.

4. The seller and the intervention agency may be represented by their respective agents.

Article 6

The intervention agencies shall, where necessary, adopt additional procedures and conditions for (1) OJ No 174, 31.7.1967, p. 30. taking over, compatible with the provisions of this Regulation, to take account of any special conditions prevailing in the Member State to which they relate.

Article 7

This Regulation shall enter into force on 1 September 1967.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 August 1967.

For the Commission

The President

Jean REY

ANNEX I Corrective amounts

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ANNEX II Price reductions relating to moisture content

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ANNEX III

Price increases and reductions relating to yield after processing

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Basic yield after processing

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ANNEX IV Price reductions for defective grains

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