Proposal for a Council Regulation (EC) amending Regulation (EEC) No 2731/75 fixing standard qualities for common wheat, rye, barley, maize, sorghum and durum wheat
Date: 1997-09-24
Institutions: European Commission
Subjects: Finland, Sweden, barley, marketing standard, product quality

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  24.09.1997 
COM(97)463  final 

97/0241  (CNS) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

amending Regulation  (EEC) No 2731/75 f \ing standard  qualities 
for  common wheat, rye, barley, maize, sorgh»!*** :?!i'J ilnrum wheal 

(presented  by  the  Commission) 

EXPLANATORY MEMORANDUM 

For climatic reasons, the varieties of barley grown in Finland and Sweden are for the 
most part six-row ones with smaller grains (between 2.2 and 2 mm) than the two-row 
varieties traditionally  grown in the rest of the European Union. These barley varieties 
are nonetheless of good quality, as witnessed by their specific weight. 

The  Annex  to  Council  Regulation  (EEC)  No  2731/75  fixing  standard  qualities  for 
common wheat, rye, barley, maize, sorghum and durum wheat lays down that barley 
grains  which  pass  through  sieves  with  apertures  of  2.2  millimetres  are  to  be 
considered  as  shrivelled  grains  (impurities).  This  criterion  prevents  intervention 
agencies  from  accepting  barley  grains  which  pass  through  sieves  with  apertures  of 
2.2 mm. 

In  order  to  avoid  the  total  exclusion  of  Finnish  and  Swedish  producers  from 
intervention  for  barley,  the  Commission,  on  the  basis  of  Article 149  of  the  Act  of 
Accession  of  Austria,  Finland  and  Sweden1,  provided  for  a  derogation  from  the 
minimum  grain  size requirement  for  intervention  buying-in  of barley  in Finland  and 
Sweden  until  31 December  1997. The purpose  of the  derogation  is for  barley  grains 
measuring  between  2.2  and  2  mm  to  be  accepted  on  condition  that  the  barley  in 
question has a minimum specific weight of 64 kg/hi. 

Point 4 of the compromise resulting from the agreement reached in the Council on 23-
25 June 1997 calls on the Commission to: 

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put  forward  a proposal  authorising  the  derogation  concerning  the  minimum 
size of barley  grains granted to Finland  and  Sweden  after  their  accession  to 
be maintained for two marketing years and 

look into the possibility of finding a permanent solution. 

In  response  to  this  request  from  the  Council,  the  Commission  proposes  that  the 
Council  amend  Council  Regulation  (EEC)  No  2731/75  so  as  to  enable  the 
Commission,  acting  under  the  management  committee  procedure,  to  provide  for  a 
derogation  from  the  definition  of  shrivelled  grains  for  the  purposes  of  intervention 
buying-in of barley in Finland and Sweden. 

On the basis of such a Council provision, the Commission will have the legal basis for 
proposing  the  derogation  on  the  size  of  barley  grains  in  the  case  of  Finland  and 
Sweden linked to the requirement of a minimum specific weight of 64 kg/hi. 

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Article  149 of the Act of Accession covers transitional measures which may be 
necessary  to  facilitate  the  transition  from  the  existing  regime  in  the  new 
Member  States to that resulting  from  application  of the common  organisation 
of the  markets. Transitional  measures  may  be taken  during  a period  expiring 
on 31 December  1997 and their application is to be limited to that deadline. 

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The Commission proposes this procedure since it is not appropriate to provide in the 
Council Regulation for a derogation for one or more Member States from the standard 
quality for which the intervention price is  fixed. 

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Proposal for a 

COUNCIL REGULATION (EC) No 

of 

amending Regulation (EEC) No 2731/75 fixing standard qualities 
for common wheat, rye, barley, maize, sorghum and durum wheat 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard to the Treaty  establishing the European  Community,  and in particular 
Article 43 thereof, 

Having regard to the opinion of the European Parliament  , 

Having regard tô the proposal from the Commission  , 

lays down that barley 
Whereas the Annex to Council Regulation (EEC) No 2731/75 
grains  which  pass  through  sieves  with  apertures  of  2.2  millimetres  are to be 
considered  as shrivelled  grains and, as such, as not being basic cereals of unimpaired 
quality acceptable for intervention; 

Whereas, for climatic  reasons, the  varieties of barley  grown in Finland  and  Sweden 
produce  smaller  grains than those grown in the rest of the European Union; whereas, 
however, that barley is of good quality; whereas to take account  of that  situation the 
Commission,  on the basis of Article  149 of the Act of Accession  of Austria,  Finland 
and Sweden, provided for a temporary derogation from the minimum size requirement 
for  barley  grains for intervention  buying-in  Finland  and  Sweden;  whereas  that  legal 
basis expires on 31 December 1997; 

Whereas, to enable producers in the two above-mentioned  Member States to continue 
to  qualify  for the  support  offered  by  intervention,  provision  should  be  made for the 
possibility of a derogation from the definition  of shrivelled barley grains; 

Whereas Regulation (EEC) No 2731/75 should be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

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OJNoC 
OJNoC 
OJ  No L  281,  29.10.1975,  p. 22. Regulation  last  amended  by Regulation 
(EEC) No 2054/93 (OJ No L 187,29.7.1993, p. 6) 

Article 1 

Regulation (EEC) No 2731/75 is hereby amended as follows: 

The following is added to Article 6(a): 

"However,  for  the  purposes  of  intervention  buying-in  in  Finland  and  Sweden,  a 
derogation from the definition of shrivelled grains may be provided for in accordance 
with  the  procedure  laid  down  in  Article  23  of  Council  Regulation  (EEC) 
No 1766/92;". 

Article 2 

This Regulation shall enter into force on the seventh day following  its publication in 
the Official  Journal of the European Communities. 

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

Done at Brussels, 

For the Council 

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FINANCIAL  STATEMENT 

BUDGET HEADING:  101 (Article) 

APPROPRIATIONS: ECU 409.1  million 

TITLE: 
Proposal  for  a  Council  Regulation  amending  Regulation  (EEC) No 2731/75 fixing standard  qualities  for  common  wheat, 
rye, barley, maize, sorghum and durum wheat. 

LEGAL BASIS: Article 43 of the Treaty 

AIMS OF PROJECT: 
To fix standard qualities. 

FINANCIAL  IMPLICATIONS 

5.0. 

5.1. 

EXPENDITURE 
- CHARGED TO THE EC BUDGET 
(REFUNDS/INTERVENTION) 
- NATIONAL  ADMINISTRATION 
-OTHER 

REVENUE 
- OWN RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 

- NATIONAL 

5.0.1. 
5.1.1. 

5.2. 

ESTIMATED EXPENDITURE 
ESTIMATED REVENUE 

METHOD OF CALCULATION: 

PERIOD OF 
12 MONTHS 

million ecu 

CURRENT 
FINANCIAL YEAR 
(97) 
million ecu 

FOLLOWING 
FINANCIAL YEAR 
(98) 
million ecu 

p.m. 

p.m. 

p.m. 

1999 

p.m. 

2000 

p.m. 

2001 

p.m. 

2002 

p.m. 

6.0. 

6.1. 

6.2. 

6.3. 

CAN  THE  PROJECT  BE  FINANCED  FROM  APPROPRIATIONS  ENTERED  IN  THE  RELEVANT 
CHAPTER OF THE CURRENT BUDGET? 

YES/NO 

CAN  THE  PROJECT  BE  FINANCED  BY  TRANSFER  BETWEEN  CHAPTERS  OF  THE  CURRENT 
BUDGET? 

YES/NO 

IS A SUPPLEMENTARY BUDGET NECESSARY? 

WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? 

YES/NO 

YES/NO 

OBSERVATIONS: 

ISSN 0254-1475 

COM(97) 463  final 

DOCUMENTS 

EN 

02  03  10  15 

Catalogue number  :  CB-CO-97-478-EN-C 

ISBN 92-78-24919-X 

Office  for Official  Publications of the European  Communities 

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