Commission Regulation (EC) No 443/98 of 25 February 1998 on payment for certain quantities of rice taken over by the Greek intervention agency in respect of the 1996/97 marketing year
Date: 1998-02-25
Institutions: European Commission
Subjects: Greece, intervention agency, rice

L 56/10

EN

Official Journal of the European Communities

26. 2. 98

COMMISSION REGULATION (EC) No 443/98

of 25 February 1998

on payment for certain quantities of rice taken over by the Greek intervention
agency in respect of the 1996/97 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas the measures provided for in this Regulation are
the Management
in accordance with the opinion of
Committee for Cereales,

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,

HAS ADOPTED THIS REGULATION:

Whereas Article 6(2) of Regulation (EC) No 1528/96 of
30 July 1996 on the taking over of paddy rice by the
intervention agencies and fixing the corrective amounts,
price increases and reductions to be applied (3), provides
that the intervention agency may take over the paddy rice
not at the marketing centre specified by the seller but at
the place where the goods are located;

Whereas, pursuant to that provision, paddy rice was taken
over and stored in Greece in the seller’s warehouses;
whereas in a large number of cases those goods had
already been stored for several months before being taken
over; whereas, for the sake of sound administration, it is
justified, prior to final payment for the quantities taken
over, to check the quantities in question by means of the
volumetric method of measurement; whereas, on the
basis of experience, a difference of the order of 6 % is
established during
admissible between the weight
weighing and the result obtained by that method of
measurement taking account of natural settling of the
goods;

Whereas, as a result, payment should be made on the
basis of
the results obtained by the aformentioned
method plus the tolerance margin; whereas, however, the
seller
should be given the opportunity to request
payment for the weight established following weighing;
whereas, in such cases, the costs arising from weighing
must continue to be at the seller’s expense where the
weight established is lower than the quantity indicated in
the written offer peviously submitted ot the intervention
agency, taking account of the percentage loss permitted
during storage; whereas additional
technical measures
should be adopted;

(1) OJ L 329, 30. 12. 1995, p. 18.
(2) OJ L 20, 27. 1. 1998, p. 16.
(3) OJ L 190, 31. 7. 1996, p. 25.

Article 1

The Greek intervention agency shall make payments for
the quantities of rice taken over at the seller’s warehouses
pursuant to Article 6(2) of Regulation (EC) No 1528/96
during the period 1 April to 30 September 1997 under
the conditions laid down in this Regulation.

Prior to any payment, that agency shall assess, in accord-
ance with the volumetric method of measurement, the
quantities for which a written offer was submitted by the
seller in accordance with Article 4 of Regulation (EC) No
1528/96.

Article 2

Payment shall be made for the quantity indicated in
1.
the written offer referred to in Article 1 and entered in
the stock records of
the storer, provided it does not
exceed by more than 6 % the quantity established by the
volumetric measurement method.

2. Whereas the quantity indicated in the offer and
entered in the stock records of the storer is greater by
more than 6 % than the quantity established by the volu-
metric measurement method, payment shall be made for
the quantity established in accordance with that method
plus 6 %.

3. However, at the request of the seller, payment shall
be made for the quantity established by weighing carried
out by the intervention agency.

The costs of weighing shall be borne by the seller where
the weight established during this operation is less than
the quantity indicated in the written offer referred to in
Article 1 less the percentage of normal loss permitted

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Official Journal of the European Communities

L 56/11

during storage laid down in Article 2 of Regulation (EEC)
No 147/91. They shall be borne by the intervention
agency where the weight established is equal
to the
quantity indicated in the offer less than aforementioned
percentage.

in quantities

in relation to the quantity
shortfall
purchased by the intervention agency established during
subsequent weighing.

This Article shall not apply where Article 2(3) is applied.

Article 3

Article 4

The storer shall reimburse to the intervention agency the
value of the goods and bear all costs of entry into storage,
removal from storage and storage, and financing for the

This Regulation shall enter into force on the third 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, 25 February 1998.

For the Commission

Franz FISCHLER

Member of the Commission