Commission Regulation (EC) No 708/98 of 30 March 1998 on the taking over of paddy rice by the intervention agencies and fixing the corrective amounts and the price increases and reductions to be applied
Date: 1998-03-30
Institutions: European Commission
Subjects: food inspection, intervention agency, intervention buying, product quality, rice

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COMMISSION REGULATION (EC) No 708/98

of 30 March 1998

on the taking over of paddy rice by the intervention agencies and fixing the
corrective amounts and the price increases and reductions to be applied

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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,

Whereas Regulation (EC) No 3072/95 lays down that the
intervention price is fixed for paddy rice of a specific
standard quality and that, if the quality of the rice offered
for intervention differs from that standard quality, the
intervention price is adjusted by applying price increases
or reductions;

Whereas Council Regulation (EC) No 3073/95 (3) deter-
mines the standard quality of paddy rice for which the
intervention price is fixed, tightening up the requirements
under the previous arrangements;

Whereas to ensure the satisfactory management of inter-
vention, a minimum quantity should be fixed for each
offer; whereas, however, provision should be made for
setting a higher limit so that account can be taken of the
trading customs and conditions pertaining on the whole-
sale market in some Member States;

Whereas paddy rice whose quality does not permit
suitable use or storage should not be accepted for inter-
vention; whereas in fixing the minimum quality particular
consideration should be given to weather conditions in
the rice-growing areas of the Community; whereas,
in
order to allow uniform lots to be taken over; it should be
specified that a lot is to be made up of the same rice
variety;

the paddy rice,

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

(1) OJ L 329, 30. 12. 1995, p. 18.
(2) OJ L 20, 27. 1. 1998, p. 16.
(3) OJ L 329, 30. 12. 1995, p. 33.

Whereas, to make the intervention scheme as simple and
efficient as possible, offers should be submitted to the
intervention centre closest to the place where the goods
are stored and the provisions on the costs of their trans-
port to the store where the intervention agency takes
them over should be laid down;

Whereas the checks to ensure that the requirements on
the weight and quality of the goods offered are complied
with should be precisely laid down; whereas a distinction
must be made between, on the one hand, acceptance of
the goods offered after the quantity and compliance with
the minimum quality requirements have been checked
and, on the other hand, fixing the price to be paid to the
applicant after the necessary tests have been carried out to
identify the precise characteristics of each lot based on
representative samples;

Whereas the specific provisions applying to cases where
goods are taken over in the applicant’s stores should be
laid down; whereas in such cases reference should be
made to the applicant’s stock accounts, subject to addi-
tional checks to ensure that the intervention agency’s
requirements on taking over are complied with;

Whereas this Regulation is to replace Commission Regu-
lation (EC) No 1528/96 (4); whereas
that Regulation
should therefore be repealed;

Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by its
chairman,

HAS ADOPTED THIS REGULATION:

Article 1

1. During the buying-in period fixed in Article 4(1) of
Regulation (EC) No 3072/95, any holder of a lot of at
least 20 tonnes of paddy rice harvested in the Community
shall be entitled to offer such rice to the intervention
agency. A lot shall be made up of rice of the same variety.

The Member States may fix a higher minimum quantity.

(4) OJ L 190, 31. 7. 1996, p. 25.

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2. Where a lot is delivered in several loads (by lorry,
barge, railway wagon, etc.) each load must comply with
the requisite minimum characteristics, the last subpara-
graph of Article 8(1) notwithstanding.

— the moisture content does not exceed the percentage

laid down in Annex I,

Article 2

— the yield after processing is not less than 14 points

below the basic yields listed in Annex II,

To be accepted for intervention, paddy rice shall be

1.
of sound and fair merchantable quality.

Paddy rice shall be deemed to be of sound and fair
2.
merchantable quality where it is free of odour and of live
insects, and where:

— the percentage of grains that are not of unimpaired
quality as defined in the Annex to Regulation (EC)
No 3073/95, the percentage of miscellaneous impurit-
ies, the percentage of rice grains of other types and
the percentage of other rice varieties does not exceed
the following maximum values:

Round grain rice
CN code 1006 10 92

Medium and
A long grain rice
CN codes 1006 10 94
and 1006 10 96

B long grain rice
CN code 1006 10 98

Chalky grains

Grains striated with red

Spotted grains

Stained grains

Amber grains

Yellow grains

Miscellaneous impurities

Grains of rice of other varieties

6

10

3

1

1

0,175

1

5

4

5

2

0,75

0,50

0,175

1

5

4

5

2

0,75

0,50

0,175

1

5

— the

level of

exceed the
radioactivity does not
maximum levels permitted by Community legislation.
The rice shall be monitored for radioactive contam-
ination only if the situation so requires and for the
necessary period. Where necessary, the duration and
scope of the control measures shall be determined in
accordance with the procedure laid down in Article 22
of Regulation (EC) No 3072/95.

Article 3

Paddy rice containing more than 0,1 % of miscel-
1.
laneous impurities can be bought in only at a price reduc-
tion of 0,02 % for each additional 0,01 % deviation.

2.
Paddy rice containing more than 3 % of other vari-
eties can be bought into intervention only at a price
reduction of 0,1 % for each additional 0,1 % deviation.

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

4. Where the yield after processing of the rice offered
for intervention differs from the basic yield after proces-
sing for the variety concerned as set out in Part B of
Annex II, the price increases and reductions to be applied
shall be as shown in Part A of Annex II.

Miscellanous impurities shall mean extraneous matter
other than rice consisting of inedible, non-toxic vegetable
or mineral material, other edible grains or parts thereof,
dead insects and bits thereof.

5. Where the grain defects of the paddy rice offered for
intervention exceed the tolerances allowed for the stand-
ard quality of paddy rice,
the price reductions to be
applied shall be as shown in Annex III.

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6.
The above price increases and reductions shall be
calculated by applying the percentages shown in the
Annexes to the intervention price valid at the beginning
of the marketing year. They shall be cumulatively applied.

3.
If the intervention agency does not take the paddy
rice over at the nearest intervention centre identified in
accordance with paragraph 1,
transport
costs shall be borne by the intervention agency.

the additional

Article 4

Article 6

All offers for sale into intervention shall be made in
1.
writing to an intervention agency in accordance with the
form drawn up by it. To be eligible,
the offer must
contain the following:

— name of the applicant,

— place of storage of the rice offered,

— quantity, variety, main characteristics and year of

harvest of the rice,

— intervention centre for which the offer is made.

The application shall also contain a declaration that the
product is of Community origin.

For information purposes, the application shall indicate
any pesticide treatments carried out, specifying the doses
used.

The intervention agency may regard as admissible a
written telecommunicated offer, provided that all
the
above particulars are contained therein. In such cases, the
agency can insist, however, that the offer be followed by a
written application, either delivered by post or handed in
direct. This written application shall be deemed to have
been submitted on the day the telecommunication was
received.

2.
Acceptance of an offer by the intervention agency
will be notified to the applicant within 10 working days
of its submission.

3. Where an offer is ineligible, the intervention agency
shall inform the relevant trader of that fact within 10
working days of the offer’s submission.

Article 5

All offers shall be made to an intervention agency in
1.
respect of the intervention centre nearest to the place
where the paddy rice is when the offer is made.

intervention centre means the centre to
The nearest
which the paddy rice can be transported at the lowest
cost. Such cost shall be determined by the intervention
agency.

The costs of transporting the goods from the depot
2.
where they are stored at the time the offer is submitted to
the nearest intervention centre as identified in accordance
with paragraph 1 shall be borne by the applicant.

The intervention agency shall fix the date and inter-
1.
vention centre of delivery and shall notify the applicant of
both forthwith. These conditions may be appealed no
later than two working days from the receipt of the noti-
fication.

The actual taking-over must occur not later than the end
of the second month following receipt of the offer and in
any case not later than 31 August of the current market-
ing year. In the case of staggered deliveries, the last part
of
the lot must be delivered in accordance with this
subparagraph.

2.
The intervention agency shall take the goods over in
the presence of the applicant or his duly authorised agent.

3.
The rice offered shall be taken over by the interven-
tion agency where the minimum quantity and character-
istics laid down in Articles 1 and 2 have been established
by the intervention agency or its authorised agent for the
goods delivered to the intervention warehouse, in accor-
dance with Article 8(1).

Where Article 7 applies, the date of taking over shall
coincide with the date on which the minimum character-
istics mentioned in the take-over record referred to in
Article 9 were checked.

The quantity delivered shall be established by
4.
weight in the presence of the applicant and a represent-
ative of the intervention agency, who must have no re-
lationship to the applicant.

The storekeeper may represent

5.
agency.

the intervention

In this case the intervention agency shall itself carry out a
check within 30 days of the completion of delivery. The
weight at least must be checked, using volumetric meas-
urement.

If volumetric measurement indicates that:

(a) the weight

is up to 6 % less than the quantity
recorded in the storekeeper’s accounts, the storekeeper
shall bear all the costs relating to the missing quantit-
ies as recorded in any subsequent weighing compared
to the weight recorded in the accounts (at taking over);

(b) the weight is over 6 % less than the quantity recorded
in the storekeeper’s accounts,
the goods shall be
immediately weighed. The weighing costs involved
shall be borne by the storekeeper if the weight estab-
lished is less than the weight recorded in the accounts.
In the opposite case, the intervention agency shall
bear the weighing costs.

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Article 7

1.
The intervention agency can take the paddy rice
over at the place where it is stored when the offer is
submitted rather than at the intervention centre nom-
inated by the applicant.

In such cases, the quantity can be established on the
2.
basis of the stock accounts — drawn up to professional
specifications and in accordance with the intervention
agency’s requirements — provided that:

— the accounts

indicate the weight established by
weighing, the quality characteristics at the moment of
weighing, moisture content in particular, any inter-bin
transfers, and any treatments carried out. Weighing
must have occurred within the previous 10 months,

— the storekeeper declares that the lot offered corres-
to the information in the

ponds in every detail
accounts.

In this case:

— the weight to be recorded shall be the weight entered
in the accounts, adjusted as appropriate to take
account of any difference between the moisture
content established at weighing and the content es-
tablished on the basis of the representative sample,

— the intervention agency shall carry out a volumetric
check within 30 days of the date of taking over. Any
difference between the quantity weighed and the
quantity estimated using the volumetric method may
not exceed 6 %.

If volumetric measurement indicates that:

— the weight

is up to 6 % less than the quantity
recorded in the storekeeper’s accounts, the storekeeper
shall bear all the costs relating to the missing quantit-
ies established as such in a subsequent weighing
compared to the weight recorded in the accounts (at
taking over),

— the weight is over 6 % less than the quantity recorded
in the storekeeper’s accounts, the storekeeper shall
carry out an immediate weighing. The storekeeper
shall bear the weighing costs if the weight thus estab-
lished is
recorded. The
than the weight as
EAGGF shall bear the costs in the opposite case.

less

Article 8

The intervention agency shall
in the
presence of the applicant or his duly authorised agent.
Three samples shall be taken at each sampling, intended
respectively for:

take samples

— the applicant,

— the store where take over is to take place,

— the intervention agency. This sample shall undergo

the agency’s own test.

(a) In the case of a delivery, samples shall be taken for
each part-delivery (by lorry, barge, railway wagon, etc.),
at a ratio of one sample to 10 tonnes of rice.

The requisite conditions shall be checked on the basis
of a representative sample of each part delivery. The
representative sample shall be made up of the samples
intended for the store.

(b) Where Article 7 applies, checking when taking over is
at the applicant’s store shall be based on a represent-
ative sample of the lot offered. This representative
sample shall consist of
the
samples
the store. The number of
samples to be taken is obtained by dividing the quant-
ity of the lot offered by 20; a representative sample
shall consist of no more than 20 samples, however.

the average result of

intended for

The check should establish that the goods comply
with the minimum quality requirements. Should this
not be the case, the lot shall not be taken over.

In the case of a delivery, before the lot enters the inter-
vention store the examination of each part-delivery can be
restricted to a check on the moisture content and impur-
ity level and verification that no live insects are present.
However, if it later becomes apparent when the check is
the
finalised that
minimum quality requirements, the lot shall be refused
for take over. The entire lot shall be withdrawn at the
applicant’s expense.

a part-delivery does not

satisfy

If the intervention agency in a Member State is able to
check all the minimum quality requirements for each
part-delivery before it enters the store, it shall refuse take-
over of any part-delivery that fails to satisfy these require-
ments.

2. Where the goods are accepted, once the examination
in accordance with paragraph 1 has been carried out the
precise characteristics of the goods shall be identified with
a view to establishing the price to be paid to the applic-
ant. This price shall be established for the lot offered on
the basis of the weighted average of the test results for the
representative samples as defined in paragraph 1.

1.
The quality requirements that must be fulfilled for a
product to be taken into intervention shall be checked as
follows:

The test results shall be notified to the applicant in the
take-over record provided for in Article 9.

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3.
Should the applicant contest the result of the test
carried out to determine the price under paragraph 2, a
laboratory approved by the competent authorities shall
carry out a further, detailed analysis of the characteristics
of the goods using new representative samples made up
equally of samples held by the applicant and by the store.
The weighted average of the test results for these rep-
resentative samples shall provide the result.

The result of these analyses shall be final and shall decide
the price to be paid to the applicant. The cost of carrying
out these new analyses shall be borne by the losing party.

Article 9

A take-over record shall be drawn up by the intervention
agency for each lot. The applicant or his representative
may be present when the record is being drawn up.

It shall indicate:

— the date on which the quantity and minimum charac-

teristics are checked,

— the variety and the weight delivered,

— the number of samples taken to make up the rep-

resentative sample,

— the physical and qualitative characteristics noted.

Article 10

1.
The price to be paid to the seller shall be that fixed
in accordance with Article 4(2) of Regulation (EC) No
3072/95 for goods delivered not unloaded to storage
depot and valid on the date fixed as the first day of deliv-
ery, account being taken of the provisions of Article 5 on
transport costs and the price increases and reductions
provided for in Annexes I to III.

Where the rice is taken over at the applicant’s stores
pursuant to Article 7, the price to be paid shall be estab-
lished on the basis of the intervention price valid on the
date the offer is accepted, adjusted by the applicable price
increases and reductions, and reduced by the most advant-
ageous transport costs between the place where the paddy

rice is taken over and the nearest intervention centre as
defined in Article 5(1), and by the costs of removal from
storage. Such costs shall be determined by the interven-
tion agency.

2.
Payment shall be made between the 32nd and 37th
day following the day of taking over referred to in Article
6(3) of
this Regulation. Where Article 8(3) applies,
payment shall be made as soon as possible after the
results of the last test are notified to the applicant.

Where applicants must submit an invoice before they can
be paid and where this invoice is not submitted within
the time limit laid down in the preceding subparagraph,
payment shall be made within five working days of the
actual submission of the invoice.

Article 11

Operators storing the products bought in on the interven-
tion agency’s behalf shall regularly monitor their presence
and their state of preservation and shall
inform the
agency forthwith of any problems in this regard.

The intervention agency shall check the quality of the
stored product at least once a year. Sampling for this
purpose can be done during the annual
inventory
required by Commission Regulation (EC) No 2148/96 (1).

Article 12

The intervention agencies shall, where necessary, adopt
additional procedures and conditions for taking over,
compatible with the provisions of this Regulation, to take
account of any special conditions prevailing in the
Member State to which they belong.

Article 13

Regulation (EEC) No 1528/96 is hereby repealed.

Article 14

This Regulation shall enter into force on the day follow-
ing its publication in the Official Journal of the Euro-
pean Communities.

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

Done at Brussels, 30 March 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 288, 9. 11. 1996, p. 6.

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ANNEX I

PRICE REDUCTIONS RELATING TO PERCENTAGE MOISTURE CONTENT

Rate

Reduction

Marketing year 1997/98

From 13 to 15 %

Less a percentage equal to the percentage moisture
content exceeding 13 %

From the 1998/99 marketing year

From 13 to 14,5 %

Less a percentage equal to the percentage moisture
content exceeding 13 %

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A. Price increases and reductions relating to yield after processing

ANNEX II

Yield from paddy rice in the form of
whole grains of milled rice

Price increases and reductions
per unit of yield

Above the basic yield
Below the basic yield

Price increase of 1 %
Price reduction of 1 %

Total yield from paddy rice in the form
of milled rice

Price increases and reductions
per unit of yield

Above the basic yield
Below the basic yield

Price increase of 0,80 %
Price reduction of 0,80 %

B. Basic yield after processing

Description of quality of rice

Yield in
whole
grains
(%)

Total
yield
(%)

Carillon

Argo, Selenio, Couachi

Alpe, Balilla, Balilla GG, Balilla Sollana, Bomba, Bombon,
Colina, Elio, Frances, Lido, Liso, Matusaka, Monticili, Pegonil,
Strella, Thainato, Thaiperla, Ticinese, Veta, Leda, Mareny, Clot,
Albada, Guadiamar

Ispaniki A, Makedonia

Europa, Loto, Riva, Rosa Marchetti, Veneria

Tolima

Inca

Ar(cid:147)me

Alfa, Ariete, Bahia, Carola, Cigalon, Corallo, Cripto, Cristal,
Drago, Girona, Graldo,
Italico, Jucar, Koral, Lago,
Lemont, Miara, Molo, Navile, Niva, Onda, Padano, Panda,
Pierina, Marchetti, Ribe, Ringo, Rio, S. Andrea, Senia, Sequial,
Smeraldo, Star, Stirpe, Vela, Vitro, Calca, Dion

Indio,

Strymonas

Anseatico, Arlesienne, Baldo, Belgioioso, Betis, Euribe, Ital-
patna, Marathon, Redi, Ribello, Rizzotto, Rocca, Roma, Roma-
nico, Romeo, Tebre, Volano

Bonnet Bell, Rita, Silla, Thaibonnet, L 202, Puntal

Evropi, Melas

Arborio, Arlatan, Blue Belle, Blue Belle ‘E’, Blue Bonnet,
Calendal, Razza 82, Rea

65

64

63

62

61

61

61

60

60

60

59

58

58

56

69

71

71

71

70

69

68

71

70

69

70

70

68

70

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Description of quality of rice

Cesariot, Maratelli, Precoce Rossi

Carnaroli, Elba, Vialone Nano

Delta

Axios

Roxani

Irat 348, Mana

Pygmalion

Varieties not specified

Yield in
whole
grains
(%)

56

55

55

55

55

54

45

50

63

Total
yield
(%)

68

70

68

65

64

69

65

69

71

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ANNEX III

PRICE REDUCTIONS FOR DEFECTIVE GRAINS

1996/97 marketing year:

Defects

Round grain rice
CN code 1006 10 92

Percentage of defects

Medium and A long grain
rice
CN codes 1006 10 94 and
1006 10 96

B long grain rice
CN code 1006 10 98

Reduction

Chalky

From 2,5 to 6 %

From 2,5 to 4 %

From 2 to 4 %

1 % per 1/2 point

Striated with red

From 1 to 10 %

From 1 to 5 %

From 1 to 5 %

1 % per point

From 0,5 to 3 %

From 0,5 to 2 %

From 0,5 to 2 %

1,25 % per 1/2 point

From 0,25 to 1 %

From 0,25 to 0,75 %

From 0,25 to 0,75 %

1,25 % per 1/4 point

From 0,05 to 1 %

From 0,05 to 0,50 %

From 0,05 to 0,50 %

1,25 % per 1/4 point

From 0,02 to 0,175 %

From 0,02 to 0,175 %

From 0,02 to 0,175 %

6 % per 1/8 point

Spotted

Stained

Amber

Yellow

From 1997/98:

Defects

Round grain rice
CN code 1006 10 92

Percentage of defects

Medium and A long grain
rice
CN codes 1006 10 94 and
1006 10 96

B long grain rice
CN code 1006 10 98

Reduction

Chalky

From 2 to 6 %

From 2 to 4 %

From 1,5 to 4 %

1 % per 1/2 point

Striated with red

From 1 to 10 %

From 1 to 5 %

From 1 to 5 %

1 % per point

Spotted

Stained

Amber

Yellow

From 0,5 to 3 %

From 0,5 to 2 %

From 0,5 to 2 %

1,25 % per 1/2 point

From 0,25 to 1 %

From 0,25 to 0,75 %

From 0,25 to 0,75 %

1,25 % per 1/4 point

From 0,05 to 1 %

From 0,05 to 0,50 %

From 0,05 to 0,50 %

1,25 % per 1/4 point

From 0,02 to 0,175 %

From 0,02 to 0,175 %

From 0,02 to 0,175 %

6 % per 1/8 point