Commission Regulation (EC) No 336/2003 of 21 February 2003 amending Regulation (EC) No 824/2000 establishing procedures for the taking-over of cereals by intervention agencies and laying down methods of analysis for determining the quality of cereals
Date: 2003-02-21
Institutions: European Commission
Subjects: cereals, common organisation of markets, intervention agency, product quality

L 49/6

EN

Official Journal of the European Union

22.2.2003

COMMISSION REGULATION (EC) No 336/2003

of 21 February 2003

amending Regulation (EC) No 824/2000 establishing procedures for the taking-over of cereals by
intervention agencies and laying down methods of analysis for determining the quality of cereals

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1666/
2000 (2), and in particular Article 5 thereof,

Whereas:

(1)

(2)

Article 5(5) of Commission Regulation (EC) No 824/
2000 (3) provides for a tolerance of 5 % between the
quantity determined by weighing and the quantity esti-
mated in accordance with the volumetric method in the
case of take-over in the store in which the cereals are
being held at the time of the offer. Where the tolerance
is exceeded, the cereals are weighed forthwith. The costs
of weighing are borne by the storekeeper, where the
weight determined is less than that recorded, or by the
European Agricultural Guidance and Guarantee Fund,
where it is more.

Article 2 of Commission Regulation (EEC) No 147/91
defining and fixing the tolerances for quantity losses of
agricultural products in public intervention storage (4), as
amended by Regulation (EEC) No 652/92 (5), lays down
for cereals a tolerance limit for quantity losses resulting
from normal storage operations and the differences in
results between two weighing operations. This tolerance
must also be taken into account in determining who

the

should bear
the weighing operation
provided for in Article 5(5)(d) of Regulation (EC) No
824/2000.

costs of

(3)

(4)

Regulation (EC) No 824/2000 should therefore be
amended accordingly.

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

Article 5(5)(d) of Regulation (EC) No 824/2000 is replaced by
the following:

‘(d) where the tolerance is exceeded, the cereals shall be
weighed forthwith. The costs of weighing shall be
borne by the storekeeper, where the weight deter-
mined is less than that recorded, or by the European
Agricultural Guidance and Guarantee Fund, where it is
more, account being taken of the tolerance provided
for in the first indent of Article 2(1) of Regulation
(EEC) No 147/91.’

Article 2

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

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

Done at Brussels, 21 February 2003.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 100, 20.4.2000, p. 31.
(4) OJ L 17, 23.1.1991, p. 9.
(5) OJ L 70, 17.3.1992, p. 5.