Commission Regulation (EC) No 687/2008 of 18 July 2008 establishing procedures for the taking-over of cereals by intervention agencies or paying agencies and laying down methods of analysis for determining the quality of cereals (Codified version)
Date: 2008-07-18
Institutions: European Commission
Subjects: cereals, codification of EU law, common organisation of markets, intervention agency, product quality, quality control of agricultural products

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 687/2008

of 18 July 2008

establishing procedures for the taking-over of cereals by intervention agencies or paying agencies
and laying down methods of analysis for determining the quality of cereals

(Codified version)

(4)

(5)

(6)

(7)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Article 43 in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 824/2000 of 19 April
2000 on establishing procedures for the taking-over of
cereals by intervention agencies
and laying down
for determining the quality of
methods of analysis
cereals (2) has been substantially
several
times (3). In the interests of clarity and rationality the
said Regulation should be codified.

amended

The intervention price for common wheat, durum wheat,
barley, maize and sorghum is fixed for qualities corre­
sponding as far as possible to the average quality of the
cereals harvested in the Community.

In order to simplify the management of
intervention
operations and, in particular, to permit the establishment
of homogeneous lots for each type of cereal offered to
intervention, a minimum quantity, below which the
paying agency or intervention agency is not obliged to
accept the offer, should be fixed. However,
it may be
necessary to provide for a greater minimum tonnage in
certain Member States, so that the agencies may take
account of pre-existing conditions and practices of the
wholesale trade in those countries.

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by
Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008,
p. 61).

(2) OJ L 100, 20.4.2000, p. 31. Regulation as last amended by Regu­

lation (EC) No 883/2007 (OJ L 195, 27.7.2007, p. 3).

(3) See Annex IX.

Methods of determining the quality of common wheat,
durum wheat, barley, maize and sorghum must be
defined.

The second subparagraph of Article 11(1) of Regulation
(EC) No 1234/2007 limits the quantities of maize which
may be bought in by the paying agencies or intervention
agencies
the Community to a total of
700 000 tonnes in the 2008/2009 marketing year and
0 tonnes from the 2009/2010 marketing year onwards.

throughout

To ensure the satisfactory management of the system for
intervention buying-in of maize, and to give economic
operators in all Member States access to the intervention
system under equivalent conditions, detailed procedures
should be laid down specific to the award of the quan­
tities of maize eligible for intervention. To this end, a
mechanism should be introduced for the award of those
quantities, covering the periods of the marketing year in
which operators may
them
sufficient
their offers and allowing a
time to submit
to be fixed for all offerers
uniform award coefficient
where the quantities offered exceed those available.
Provision should therefore be made for the offers to be
examined in two periods, and timetables should be laid
down for the submission of offers for maize and for
deliveries and the associated takeovers.

submit offers,

giving

Taking into account the periods for intervention buying-
in laid down in the first subparagraph of Article 11(1) of
Regulation (EC) No 1234/2007, and to ensure equivalent
treatment of operators, provision should be made for a
the submission of offers for maize
first period for
Italy and
in Greece, Spain,
running from 1 August
from 1 December in Sweden and from 1
Portugal,
November
in the other Member States, with 31
December as the last day for the submission of offers
in all Member States. At the end of this first period the
Commission will be obliged, where appropriate, to fix an
award coefficient
for the admissible offers submitted
during this first period and to close the intervention
for the remainder of the marketing year where the quan­
tities offered exceed the quantity laid down in the second
subparagraph of Article 11(1) of Regulation (EC) No
1234/2007. To avoid
and
financial burdens on the paying agencies or intervention
agencies and on operators,
in particular by requiring
securities to be lodged which could prove unnecessary
in the absence of quantities to be awarded, provision
should be made for a break in the submission of offers
between 1 January and the date of publication in the
the quantity
Official
remaining available for intervention in the second period.

the European Union of

administrative

Journal of

placing

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(8)

(9)

first day for

Given the time needed to fix the award coefficient for the
first period where necessary, the second period for the
submission of offers should commence on the day
following the date of publication in the Official Journal
of the European Union of the quantity remaining available
the
for
this being the
intervention,
submission of offers
In this
in all Member States.
second period,
the acceptance of offers should take
place once a week, starting the first Friday following
the publication of that quantity, on the basis of offers
submitted by operators by 12.00 (Brussels time) on the
Friday at the latest. Each week, by Wednesday at the
latest, the Commission should post on its Internet site
information for operators as to the remaining quantity
available for intervention. Where the quantity laid down
in the second subparagraph of Article 11(1) of Regu­
lation (EC) No 1234/2007 is exceeded, the Commission
should fix and publish an award coefficient and close the
intervention for the marketing year in question. In view
of the intervention buying-in periods provided for in the
first subparagraph of Article 11(1) of Regulation (EC) No
1234/2007, the second period for the submission of
offers should in any case end at the latest by 30 April
in Greece, Spain, Italy and Portugal, 30 June in Sweden
and 31 May in the other Member States.

they should be subject

To allow sound management of the award mechanism, it
should be laid down that offers for maize may not be
altered or withdrawn. Moreover, to ensure that offers are
to the lodging of a
genuine,
security, and the terms for checking that offers are
genuine and for releasing the security should be laid
down. To this end, this check should follow the same
rules and conditions as those applicable to checks on
stocks in public storage under Commission Regulation
(EC) No 884/2006 of 21 June 2006 laying down
detailed rules for the application of Council Regulation
(EC) No 1290/2005 as regards the financing by the
European Agricultural Guarantee Fund (EAGF) of inter­
storage
vention measures
operations
storage
operations by the paying agencies of
the Member
States (1). In addition, between the start of the submission
of offers in the first period and 31 December, several
financial
months may elapse. To avoid placing a
burden on operators
first
period, it should be allowed for the security that has to
be lodged on submission of the offers, when it is lodged
in the form of a bank guarantee, not to be payable until
the day following the final day for the submission of
offers.

form of public
accounting of public

submitting offers

and the

in this

in the

for

feed

contaminants

and must
the European Parliament and of

in
down Community procedures
food (2). The other cereals are mainly intended for
comply with Directive
animal
2002/32/EC of
the
Council of 7 May 2002 on undesirable substances in
feed (3). Provision should be made for
animal
those
standards
products
concerned are taken over under the present intervention
scheme.

applicable when

the

be

to

(11)

Cereals of inadequate quality for use or storage should
not be accepted into intervention. To this end, account
should be taken of the situation regarding intervention,
in particular the long-term storage of certain cereals and
its effects on product quality.

(12)

(13)

suitability

Therefore, in order to protect intervention products from
deterioration and to maintain their
for
subsequent use, the quality criteria for maize should be
upgraded. To this end, the maximum moisture content
and the maximum percentage of broken grains and
grains overheated during drying should be reduced.
sorghum and
Given the
maize, and in the interests of consistency,
the same
measures should be laid down for sorghum.

similarities of

agronomic

this

To improve the quality of storage conditions and provide
from the time the offers are
a guarantee of
submitted,
the places where the cereals are stored at
the time of the offer should be such as to guarantee
the best possible conservation, in particular over a long
period as regards maize. It is therefore necessary to limit
the possibility of taking over the cereals in the offerer’s
store and to authorise this kind of takeover only where
the cereals are kept by storers within the meaning of
Article 2(2)(a) of Regulation (EC) No 884/2006.
In
should undertake to apply
such cases,
in his relations with the storer, as
mutatis mutandis
from submission of his offer,
the same rules and
conditions of
storage and control as are applicable
under Regulation (EC) No 884/2006.

the offerer

(10)

Common wheat and durum wheat are covered by
minimum quality criteria for human consumption and
must satisfy the health standards laid down by Council
Regulation (EEC) No 315/93 of 8 February 1993 laying

(1) OJ L 171, 23.6.2006, p. 35. Regulation as amended by Regulation

(EC) No 721/2007 (OJ L 164, 26.6.2007, p. 4).

(14)

The potential for mycotoxin formation has proved to be
linked to specific conditions,
identifiable essentially on
the basis of the weather conditions recorded during the
period of growth and,
flowering of the
cereals.

in particular,

(2) OJ L 37, 13.2.1993, p. 1. Regulation as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(3) OJ L 140, 30.5.2002, p. 10. Directive as

last amended by
Commission Directive 2006/77/EC (OJ L 271, 30.9.2006, p. 53).

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(15)

The risks entailed by exceeding the maximum thresholds
for admissible contaminants can be identified by the
paying agencies or intervention agencies on the basis
of the information received from applicants and their
the financial
own analysis criteria.
costs,
requiring
therefore,
analyses, under the responsibility of the agencies prior
to the taking-over of the products, only on the basis of
a risk analysis enabling the quality of the products to be
guaranteed on entry into the intervention scheme.

In order to limit

justification for

there

is

(16)

The conditions under which cereals are offered to and
taken over by the paying agencies or
intervention
agencies must be as uniform as possible throughout
the Community in order to avoid any discrimination
between producers.

(17)

Intervention prices should be increased or reduced to
reflect price differences observed on the market
for
different qualities.

(18)

In addition to requiring an annual
stock statement
pursuant to Regulation (EC) No 884/2006, the Member
States must check the state of preservation of the inter­
vention stocks held.

(19) Article 2, Articles 6(2)(d) and 7(2)(b) of, and Annex
lay down the
XII(1) to Regulation (EC) No 884/2006,
rules on responsibility. Those Articles and said Annex
specify in particular that Member States are to take all
measures necessary to ensure the proper preservation of
products which have been the subject of Community
intervention and that quantities which have deteriorated
on account of the normal physical storage conditions or
by reason of overlong preservation are to be recorded in
the accounts as having left the intervention stock on the
date when the loss or deterioration was established. They
also specify that a product is to be deemed to have
deteriorated
quality
requirements applicable when it was bought in. Conse­
quently, only such deterioration as that laid down in
those provisions may be covered by the Community
budget. Where a decision taken by a Member State at
the time of purchase of a product is inadequate in the
light of the risk analysis required by these rules, that
Member State should therefore be liable if
later
the product did not comply with the
emerges that
minimum standards. Such a decision would not make
it possible to guarantee the quality of the product and,
therefore, ensure its proper preservation. Consequently,
the circumstances in which a Member State is to be
held liable should be specified.

longer meets

the

no

it

it

if

(20) Details should be given of the information that Member
States must forward to the Commission so that a fort­
nightly statistical report on the state of
intervention
stocks of cereals can be compiled.

(21)

In the interests of sound management of the system, the
information required by the Commission should be sent
by electronic means.

(22)

(23)

Specific information should also be obtained and listed
on a standard regional basis. The regional levels set out
in Council Regulation (EEC) No 837/90 of 26 March
1990 concerning statistical
information to be supplied
by the Member States on cereals production (1) should
be used, and Member States should be asked to forward
this information to the Commission.

Equally,
the information required by the Commission
should be sent on the basis of models containing the
information required to manage intervention, made
available by the Commission to the Member States, and
the Management
these models
Committee has been informed
then, where
applicable, adapted and updated by the Commission
under the same conditions.

should apply once

and

(24)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

CHAPTER I

OFFERS AND TAKEOVERS OF CEREAL FOR INTERVENTION

Article 1

During the periods referred to in the first subparagraph of
Article 11(1) of Regulation (EC) No 1234/2007, any holder
of a homogeneous batch of not
less than 80 tonnes of
common wheat, barley, maize or sorghum or 10 tonnes of
durum wheat, harvested within the Community,
shall be
entitled to offer the batch to the paying agency or intervention
agency (hereinafter both referred to as the ‘intervention agency’).

However, the intervention agencies may fix a greater minimum
tonnage.

(1) OJ L 88, 3.4.1990, p. 1. Regulation as last amended by Regulation

(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

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Article 2

1.
To be valid, all offers for intervention shall be made using
a form issued by the intervention agency, containing in
particular the following details:

(a) name of the applicant;

(b) cereal offered;

(c) place of storage of the cereal offered;

(d) quantity, main characteristics and harvesting year of the

cereal offered;

(e)

the intervention centre for which the offer is made and,
where the second subparagraph of Article 6(1) of this Regu­
lation is applied, the offerer’s undertaking to ensure, in his
relations with the storer, that the rules and conditions of
storage and control provided for under Article 2(2)(a) of
Regulation (EC) No 884/2006 are applied mutatis mutandis
to the place of storage referred to in point
this
paragraph.

(c) of

The form shall also contain a declaration that the products are
of Community origin or,
in the case of cereals admitted to
intervention under specific conditions according to their zone
of production, details of
the region in which they were
produced.

However, the intervention agency may regard as valid offers
submitted in another written form, in particular telecommuni­
cations, provided that all the details to be shown on the form
referred to in the first subparagraph are included.

Without prejudice to the validity from the date of presentation
of an offer submitted in accordance with the third subpara­
graph, Member States may require that it be followed by the
forwarding or direct submission to the competent agency of the
form provided for in the first subparagraph.

2.
Should an offer be inadmissible, the operator concerned
shall be informed by the intervention agency accordingly within
five working days following receipt.

3.
Should an offer be admissible, operators shall be informed
as soon as possible of the store at which the cereals are to be
taken over and of the delivery schedule.

the request of

At
schedule may be amended by the intervention agency.

the offerer or the storekeeper,

the said

4.
In the case of cereals offered into intervention other than
maize, the final delivery shall be made not later than the end of
the fourth month following the month during which the offer
was received, without, however, being later than 1 July in Spain,
Greece, Italy and Portugal and 31 July in the other Member
States.

For maize, the delivery shall be made between 1 February and
30 April in the case of offers made in period 1 as laid down in
Article 3, and not
the third month
later than the end of
following the month in which the offer was received in the
case of offers made in period 2 as laid down in Article 3,
without, however, being later than 1 July in Spain, Greece,
Italy and Portugal and 31 July in the other Member States.

Article 3

1. Without prejudice to Article 2 of this Regulation, the
quantities of maize eligible for
intervention in accordance
with the second subparagraph of Article 11(1) of Regulation
(EC) No 1234/2007, shall be awarded, for the marketing year
in
2008/2009,
accordance with the terms and procedures laid down in para­
graphs 2 to 5 of this Article.

‘period 1’ and ‘period 2’,

in two periods,

Period 1 shall start on 1 August in Greece, Spain, Italy and
Portugal, 1 December in Sweden and 1 November in the
other Member States and shall run until 31 December, the
final day for the submission of offers for all Member States
for this period.

Journal of

Period 2 shall start on the day following the publication in the
the quantity which
the European Union of
Official
remains available for intervention in that period, as referred
to in the second subparagraph of paragraph 2. That day shall
be the first day for the submission of offers in all the Member
States and that period shall end not later than 30 April
in
Greece, Spain, Italy and Portugal, 30 June in Sweden and 31
May in the other Member States.

At the end of period 1, the Commission shall enter in the
2.
accounts the admissible offers for maize submitted by operators
to the intervention agencies of the Member States by 12.00
(Brussels time) on 31 December, on the basis of the notifi­
cations made each week by the Member States in accordance
with Article 13(1)(a)(i).

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If the total quantity offered exceeds the maximum quantities
laid down in the second subparagraph of Article 11(1) of Regu­
lation (EC) No 1234/2007,
fix and
publish, not later than 25 January, an award coefficient to six
decimal places to be applied to the quantities. If there is no
overrun, this award coefficient shall be 1 and the Commission
shall publish the quantity which remains available for inter­
vention in period 2.

the Commission shall

later than 31 January,

Not
the
Member State shall notify the offerer that the offer has been
accepted for a quantity equal to the quantity offered multiplied
by the award coefficient.

the intervention agency of

3.
From the first Wednesday in February, the Commission
shall enter in the accounts each week the admissible offers for
maize submitted by operators to the intervention agencies of
the Member States by the Friday of the previous week at 12.00
(Brussels time), on the basis of the notifications made by the
Member States in accordance with Article 13(1)(a)(i).

for

intervention,

the Commission shall

the quantity which remains
Where there is an overrun of
available
fix and
publish not later than the fourth working day following the
deadline for the submission of offers, an award coefficient to
six decimal places to be applied to the quantities. If there is no
overrun, this award coefficient shall be 1, the quantities offered
shall be deemed to have been accepted and each week, by
Wednesday at
the Commission shall post on
site http://ec.europa.eu/agriculture/markets/crops/
Internet
its
index_en.htm information for operators as to the remaining
quantity available for intervention in the week in question.

the latest,

Not later than the ninth working day following the deadline for
the submission of offers, the intervention agency of the Member
State shall notify the offerer that the offer has been accepted for
a quantity equal to the quantity offered multiplied by the award
coefficient.

if lodged during period 1 in the
offer, but may be payable,
form of a bank guarantee, only from the day following the
deadline for the submission of offers referred to in paragraph 2.

The security shall cover the quantities offered by the

6.
offerer in accordance with paragraphs 2 or 3.

Except in cases of force majeure or in exceptional circumstances,
the security shall be fully forfeit to the Community budget
where:

(a)

the quantities present in the place of storage, between the
submission of the offer and the takeover of the maize, are
below the quantities declared by the offerer in accordance
with Article 2(1), without prejudice to a 5 % margin of
tolerance;

(b) the quantities awarded are not in fact supplied by the offerer
for takeover by the intervention agency in accordance with
Articles 4 and 6.

For the purposes of applying point (a) of the second subpara­
graph of this paragraph, the intervention agencies shall carry
out checks on the quantities present in the places of storage by
applying mutatis mutandis the rules and conditions laid down in
Regulation (EC) No 884/2006 as regards checks on the physical
presence of products stored under public storage operations,
and more specifically those provided for under point B.III of
Annex I to that Regulation. These controls shall be carried out
on at least 5 % of the offers and 5 % of the quantities offered,
on the basis of a risk analysis. These minimal control rates shall
apply only during period 1.

The security shall be released in its entirety:

4.
The offers referred to in paragraphs 2 and 3 shall be
entered in the accounts by the competent intervention agency
on the date of their receipt.

(a)

for quantities offered but not awarded; and

Once submitted, offers may not be altered or withdrawn.

(b) for quantities offered and awarded, from the moment that
95 % of the quantity awarded has actually been taken over
by the intervention agency.

To be admissible,

5.
the offers shall be accompanied by
proof that the offerer has lodged a security of EUR 15 per
the
tonne. This security shall be lodged on submission of

Article 4

In order to be accepted for intervention, the cereals must

1.
be sound, fair and of marketable quality.

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they are of

the typical colour of

shall be considered sound,

fair and of
The cereals
2.
the
marketable quality if
cereal
in question, are free from abnormal smell and live
pests (including mites) at every stage of their development, if
they meet the minimum quality requirements set out in Annex I
hereto, and if their levels of contaminants,
including radioac­
tivity, do not exceed the maximum levels permitted under
Community regulations. The maximum contaminant
level
which must not be exceeded shall be as follows:

(a)

those permitted
for common wheat and durum wheat,
the
under Regulation (EEC) No 315/93,
for
requirements
common wheat and durum wheat
laid down in points
2.4 to 2.7 of Annex I to Commission Regulation (EC) No
1881/2006 (1);

including
Fusarium-toxin level

regarding

the

(b) for barley, maize and sorghum,

those set by Directive

2002/32/EC.

the latter

Member States shall check levels of contaminants,
including
radioactivity, on the basis of a risk analysis, taking account in
particular of the information supplied by the applicant and the
regarding compliance with the
commitments of
standards set, especially in the light of
the
analyses. If necessary, the rate and scope of the controls shall
be determined in accordance with the procedure referred to in
Article 195(2) of Regulation (EC) No 1234/2007, particularly
where the market situation may be seriously disrupted by
contaminants.

the results of

In addition,
in cases where analyses indicate that the Zeleny
index of a batch of common wheat is between 22 and 30,
for this wheat to be deemed sound, fair and of marketable
quality within the meaning of paragraph 1 of this Article, the
dough obtained from it must be judged to be non-sticky and
machinable.

For the purposes of this Regulation, matter other than
3.
basic cereals of unimpaired quality shall be as defined in
Annex II.

(a)

the standard method for determining matter other than
basic cereals of unimpaired quality shall be that set out in
Annex III;

(b) the standard method for determining moisture content shall
be that set out in Annex IV. However, Member States may
also use other methods based on the principle set out in
Annex IV, method ISO 712:1998, or a method based on
infrared technology. In case of dispute, only the results of
using the method set out in Annex IV shall be accepted;

(c)

the standard method for determining the tannin content of
sorghum shall be method ISO 9648:1988;

(d) the standard method for determining the non-stickiness and
machinability of the dough obtained from common wheat
shall be that set out in Annex V;

(e)

the standard method for determining the protein content of
ground common wheat shall be that recognised by the
International Association for Cereal Chemistry (ICC),
the
standards of which are laid down under heading No
the protein
105/2:
content of cereals and cereal products’;

the determination of

‘method for

In
However, Member States may use any other method.
such a case,
furnish the Commission with
evidence of recognition by the ICC that the method in
question gives equivalent results;

they must

(f)

the method for determining the Zeleny index of ground
common wheat shall comply with method ISO 5529:1992;

(g) the method for determining the Hagberg falling number
shall comply with method ISO

(amylase activity test)
3093:2004;

(h) the standard method for determining the rate of loss of
vitreous aspect of durum wheat shall be that set out in
Annex VI;

Grains of basic cereals and other cereals which are damaged,
affected by ergot or decayed shall be classified as ‘miscellaneous
impurities’ even if they have defects which belong to other
categories.

(i)

the standard method for determining the specific weight
shall comply with method ISO 7971/2:1995;

Article 5

To determine the quality of cereals offered for intervention
under of Regulation (EC) No 1234/2007,
following
methods shall be used:

the

(j)

the sampling methods and reference analysis methods for
determining mycotoxin rates shall be those mentioned in
Annex I to Regulation (EC) No 1881/2006 and set out in
Annexes
to Commission Regulation (EC) No
401/2006 (2).

I and II

(1) OJ L 364, 20.12.2006, p. 5.

(2) OJ L 70, 9.3.2006, p. 12.

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Article 6

1.
The cereals offered shall be taken over by the intervention
agency when the quantity and the minimum required standards,
as set out in Annex I, have been established by the intervention
agency or its representative for the entire lot in respect of the
goods delivered to the intervention store.

This takeover may take place in the store in which the cereals
are being held at the time of the offer, provided that the storage
is on the premises of a ‘storer’ within the meaning of
Article 2(2)(a) of Regulation (EC) No 884/2006 and that the
same rules and conditions as applicable to those premises, after
takeover of
from
submission of the offer.

intervention,

apply as

cereals

the

for

established on the basis of the stock records, which must satisfy
professional requirements and those of the intervention agency,
and provided that:

(a)

the stock records show the weight recorded on weighing,
the physical quality characteristics at the time of weighing,
and, in particular, the moisture content, transsilages if any,
and treatments carried out; the weighing may not have been
carried out more than 10 months previously;

(b) the storekeeper declares that the lot offered corresponds in
all respects to the details contained in the stock records;

For maize, the quantity taken over may not exceed the quantity
awarded in accordance with Article 3(2) and (3) of this Regu­
lation.

(c)

the quality characteristics established at the time of weighing
are the same as those of the representative sample made up
from the samples taken by the intervention agency or its
representative at a rate of one for every 60 tonnes.

The quality characteristics shall be established on the basis
2.
of a representative sample of
the lot offered, consisting of
samples taken at the rate of once every delivery for at least
every 60 tonnes.

5. Where paragraph 4 is applied:

The quantity delivered must be weighed in the presence of
3.
the offerer and a representative of the intervention agency who
is independent vis-à-vis the offerer.

(a)

The representative of the intervention agency may also be the
storekeeper. In that case:

the weight to be recorded shall be that entered in the stock
records, adjusted, where appropriate, to take account of any
difference between the moisture
the
and/or
percentage of miscellaneous
(Schwarzbesatz)
recorded at the moment of weighing and those determined
on the basis of
the representative sample. A difference
between the percentages of miscellaneous impurities may
only be taken into account to reduce the weight entered
in the stock records;

impurities

content

(a) within 45 days of takeover, the intervention agency shall
itself conduct an inspection involving at least a volumetric
check; any difference between the quantity determined by
weighing and the quantity estimated in accordance with the
volumetric method may not exceed 5 %;

(b) within 45 days of takeover the intervention agency shall
make a further volumetric check; the difference between
the quantity determined by weighing and the quantity
estimated in accordance with the volumetric method may
not exceed 5 %;

(b) where the tolerance is not exceeded, the storekeeper shall
bear all costs relating to any difference observed, at a later
weight check, from the weight entered in the accounts on
when the cereals were taken over;

(c) where the tolerance is exceeded, the cereals shall be weighed
forthwith. The costs of weighing shall be borne by the
storekeeper, where the weight determined is less than that
recorded, or by the Member State, where it is more.

4.
In the case of takeover in the store in which the cereals
are being held at the time of the offer, the quantity may be

(c) where the tolerance is not exceeded, the storekeeper shall
bear all costs relating to any difference observed, at a later
weight check, from the weight entered in the accounts on
takeover;

(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 determined is less than that
recorded, or by the European Agricultural Guarantee Fund,
where it
the tolerance
provided for in the first indent of Annex XI(1) of Regulation
(EC) No 884/2006.

is more, account being taken of

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L 192/27

The last takeover shall take place, in the case of cereals
6.
other than maize, at the latest at the end of the second month
following the month of the final delivery referred to in the first
subparagraph of Article 2(4) and, in the case of maize, not later
than the end of the second month following each of the final
deliveries referred to in the second subparagraph of Article 2(4),
and in any event not later than 31 July in Spain, Greece, Italy
and Portugal and 31 August in the other Member States.

Article 7

The intervention agency shall see that the physical and
1.
the samples taken are analysed
technical characteristics of
under its responsibility within 20 working days of the represen­
tative sample being made up.

(b) the weight delivered;

(c)

the number of samples taken to make up the representative
sample;

(d) the physical characteristics established;

(e)

the agency responsible for analysing the technological
criteria and the results thereof.

2.

The offerer shall bear the costs relating to:

The record shall be dated and sent to the storekeeper for coun­
tersigning.

(a) determination of the tannin content of sorghum;

(b) the amylasic activity (Hagberg) test;

(c) determination of the protein content of durum wheat and

common wheat;

(d) the Zeleny test;

(e)

the machinability test;

(f) analyses of contaminants.

CHAPTER II

RULES FOR PAYMENTS AND CHECKS

Article 9

1. Without prejudice to paragraph 2, the price payable to the
offerer shall be the reference price referred to in Article 8(1)(a)
of Regulation (EC) No 1234/2007, valid on the date specified as
the first day of delivery when notice was given of acceptance of
the offer, for goods delivered at warehouse, before unloading.
This price shall be adjusted in accordance with the increases and
reductions referred to in Article 10 of this Regulation.

However, where delivery takes place in a month in which the
reference price is lower than that of the month of the offer, the
higher price shall be paid. This provision shall not apply to
sorghum offered in August and September.

3.
If the analyses referred to in paragraph 1 show that the
cereals offered do not meet the minimum quality required for
intervention, those cereals shall be withdrawn at the offerer’s
expense. The offerer shall also bear all the costs incurred.

2.
On receipt of an offer, in compliance with Article 10(1)(a)
of Regulation (EC) No 1234/2007, the intervention agency shall
decide on the place and the first date for the cereals to be taken
over.

4.
In cases of dispute, the intervention agency shall have the
necessary tests on the cereals in question carried out again, the
cost being met by the losing party.

Article 8

A takeover record shall be drawn up by the intervention agency
for each lot. It shall indicate:

(a)

the date on which the quantity and minimum characteristics
were checked;

Transport costs from the place where the goods are stored
when the offer is made to the intervention centre to which
they can be transported at least expense shall be borne by
the offerer.

Should the intervention agency take over the goods at a place
other than the intervention centre to which they may be trans­
ported at least expense, it shall determine and bear the addi­
tional transport costs. In this case, the transport costs referred
to in the second subparagraph shall be determined by the inter­
vention agency.

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If the intervention agency, in agreement with the offerer, stores
the goods at the place at which they are located at the time the
offer is made, the costs referred to in the second sentence of the
third subparagraph and the
from the
warehouse, the latter being assessed on the basis of the rates
actually recorded in the Member State concerned, shall be
deducted from the intervention price.

costs of

removal

3.
Payment shall be made between the 30th and the 35th
day following the date of takeover, as referred to in Article 6.

Article 10

The price increases or reductions by which the intervention
price is increased or decreased shall be expressed in euro per
tonne and applied jointly, as provided below:

(a) where the moisture content of cereals offered for inter­
vention is less than 13 % for maize and sorghum and
14 % for other cereals, the price increases to be applied
shall be those listed in Table I of Annex VII. Where the
moisture content of these cereals offered for intervention is
the price
higher
reductions to be applied shall be those listed in Table II
of Annex VII;

than 13 % and 14 % respectively,

(b) where the specific weight of cereals offered for intervention
differs
for
common wheat, and 64 kg/hl for barley, the reductions
to be applied shall be those listed in Table III of Annex VII;

from the weight/volume ratio of 76 kg/hl

(c) where the percentage of broken grains exceeds 3 % for
durum wheat, common wheat and barley, and 4 % for
maize and sorghum, a reduction of EUR 0,05 shall be
applied for each additional 0,1 percentage point;

(d) where the percentage of grain impurities exceeds 2 % for
durum wheat, 4 % for maize and sorghum, and 5 % for
common wheat and barley, a reduction of EUR 0,05 shall
be applied for each additional 0,1 percentage point;

(e) where the percentage of sprouted grains exceeds 2,5 %, a
reduction of EUR 0,05 shall be applied for each additional
0,1 percentage point;

(g) where the percentage of piebald grains in durum wheat
exceeds 20 %, a reduction of EUR 0,2 shall be applied for
each additional percentage point or fraction thereof;

(h) where the protein content of common wheat is less than
11,5 %, the reductions to be applied shall be those listed in
Table IV of Annex VII;

(i) where the tannin content of sorghum offered for inter­
the
vention is higher
than 0,4 % of
reduction to be applied shall be calculated in accordance
with the method laid down in Annex VIII.

the dry matter,

Article 11

1.
Any operator who stores bought-in products on behalf of
the intervention agency shall monitor their presence and state
of preservation regularly and inform the aforesaid agency
without delay of any problem arising in that respect.

2.
The intervention agency shall check the quality of the
stored product at least once a year. Samples for that purpose
may be taken when the inventory is established as provided for
in point A.I of Annex I to Regulation (EC) No 884/2006.

3. Where the checks provided for under this Regulation are
to be carried out on the basis of the risk analysis referred to in
the second subparagraph of Article 4(2), the Member States
shall be liable for the financial consequences of any failure to
comply with the maximum admissible contaminant level. Such
liability shall be established, without prejudice to any action
which the Member State may itself take against the offerer or
storekeeper,
their
commitments or obligations.

to respect

event of

in the

failure

a

in the case of ochratoxin A and aflatoxin,

However,
if the
Member State concerned is able to prove to the Commission’s
satisfaction that the standards were met on entry, that normal
the storekeeper’s
storage conditions were observed and that
other commitments were respected, the financial liability shall
be borne by the Community budget.

(f) where the percentage of miscellaneous impurities (Schwarz­
besatz) exceeds 0,5 % for durum wheat and 1 % for
common wheat, barley, maize and sorghum, a reduction
of EUR 0,1 shall be applied for each additional 0,1
percentage point;

The intervention agencies shall, where necessary, adopt addi­
tional procedures and conditions for taking over, compatible
with this Regulation, to take account of any special conditions
existing in the Member State in question. In particular, they may
request periodic stock returns.

Article 12

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L 192/29

CHAPTER III

INFORMATION TO BE FORWARDED TO THE COMMISSION

Article 13

For every cereal

listed in Article 10(1)(a) of Regulation
1.
(EC) No 1234/2007, each Member State shall forward by elec­
tronic means the information required to manage intervention,
and in particular:

(a) every Wednesday by 12.00 (Brussels time):

(i) the quantities of cereals offered into intervention
submitted by operators not later than 12.00 (Brussels
time) on the Friday of the previous week, in accordance
with Articles 2 and 3 of this Regulation;

(ii) the quantities of cereals, other than maize, offered into
intervention, for which the offer has been withdrawn by
the offerer since the start of the intervention period;

(iii) the total quantities of cereals offered for intervention
after the start of the intervention period, net of the
quantities referred to in point (ii);

(d) by the end of the month following the takeover deadline
referred to in Article 6(6) of this Regulation, by region set
the
out
average
content,
percentage of broken grains and protein content recorded
for the lots of cereals taken over.

to Regulation (EEC) No 837/90,

specific weight, moisture

in Annex III

results of

2.
The notifications referred to in paragraph 1 shall be made
even if no quantity has been offered. In the absence of any
notification of the information referred to in paragraph 1(a)(i),
the Commission shall consider that no offer has been submitted
in the Member State concerned.

3.
The form and content of the notifications referred to in
paragraph 1 shall be defined on the basis of models made
available by the Commission to the Member States. These
the Committee referred to in
models shall not apply until
Article 195(1) of Regulation (EC) No 1234/2007 has been
informed. They
the
Commission under the same conditions.

adapted and updated by

shall be

CHAPTER IV

FINAL PROVISIONS

Article 14

(iv) the total quantities of cereals taken over since the start
of the intervention period, in accordance with Article 6
of this Regulation;

Regulation (EC) No 824/2000 is repealed.

(b) on the Wednesday following the publication of the invi­
tation to tender,
the quantities of cereals put up for
tender in accordance with Article 2(2) of Commission Regu­
lation (EEC) No 2131/93 (1);

(c) on the Wednesday following the date on which the Member
State defines the lots concerned, the quantities of cereals
intended for distribution free of charge to the most
deprived persons in the Community in accordance with
Article 27 of Regulation (EC) No 1234/2007;

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation Table in Annex X.

Article 15

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

It shall apply from 1 July 2008.

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

Done at Brussels, 18 July 2008.

For the Commission
The President

José Manuel BARROSO

(1) OJ L 191, 31.7.1993, p. 76.

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ANNEX I

THE MINIMUM QUALITY REQUIREMENTS REFERRED TO IN ARTICLE 4(2)

A. Maximum moisture content

14,5 %

14,5 %

14,5 %

13,5 %

13,5 %

B. Maximum percentage of matter which is not basic cereal

12 %

12 %

12 %

12 %

12 %

Durum
wheat

Common
wheat

Barley

Maize

Sorghum

of unimpaired quality:

1. Broken grains

6 %

2. Impurities consisting of grains (other than indicated

5 %

5 %

7 %

5 %

12 %

at 3)

of which:

(a) shrivelled grains

(b) other cereals

3 %

(c) grains damaged by pests

(d) grains in which the germ is discoloured

(e) grains overheated during drying

0,50 %

0,50 %

3. Mottled grains and/or grains affected with fusariosis,

5 %

of which:

— grains affected with fusariosis

4. Sprouted grains

5. Miscellaneous impurities (Schwarzbesatz),

1,5 %

4 %

3 %

—

—

4 %

3 %

5 %

—

3 %

—

—

6 %

3 %

5 %

5 %

—

—

5 %

5 %

—

—

—

—

0,50 %

0,50 %

—

—

—

6 %

3 %

—

6 %

3 %

of which:

(a) extraneous seeds:

— noxious

— other

(b) damaged grains:

0,10 %

0,10 %

0,10 %

0,10 %

0,10 %

— grains damaged by spontaneous heating or

0,05 %

0,05 %

too extreme heating during drying

— other

(c) extraneous matter

(d) husks

(e) ergot

(f) decayed grains

(g) dead insects and fragments of insects

0,05 %

0,05 %

—

—

—

—

—

—

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L 192/31

Durum
wheat

Common
wheat

Barley

Maize

Sorghum

C. Maximum percentage of wholly or partially piebald

27 %

grains

D. Maximum tannin content (1)

E. Minimum specific weight (kg/hl)

F. Minimum protein content (1):

—

78

—

—

73

—

—

62

—

—

—

1 %

—

— 2002/2003 marketing year and onwards

11,5 %

10,5 %

G. Hagberg falling number (seconds)

220

220

H. Minimum Zeleny index (ml)

—

22

—

—

—

(1) As % of dry matter.

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Official Journal of the European Union

19.7.2008

ANNEX II

1. DEFINITION OF MATTER OTHER THAN BASIC CEREALS OF UNIMPAIRED QUALITY

1.1. Broken grains

All grains whose endosperm is partially uncovered shall be regarded as broken grains. Grains damaged by threshing
and grains from which the germ has been removed also belong to this group.

For maize, ‘broken grains’ means pieces of grain or grains which pass through a sieve with a circular mesh 4,5 mm
in diameter.

For sorghum,
1,8 mm in diameter.

‘broken grains’ means pieces of grain or grains which pass through a sieve with a circular mesh

1.2. Grain impurities

(a) Shrivelled grains

Grains which, after elimination from the sample of all other matter referred to in this Annex, pass through sieves
with apertures of the following dimensions: common wheat 2,0 mm, durum wheat 1,9 mm, barley 2,2 mm.

Notwithstanding this definition, however:

— for barley from Estonia, Latvia, Finland and Sweden with a specific weight of at least 64 kilograms per

hectolitre offered for intervention in those Member States, or

— for barley with a moisture content of 12,5 % or less,

‘shrivelled grains’ means grains which, after elimination of all other matter referred to in this Annex, pass
through sieves with apertures of 2,0 mm.

In addition, grains damaged by frost and unripe grains (green) belong to this group.

(b) Other cereals

All grains which do not belong to the species of grain sampled.

(c) Grains damaged by pests

Grains which have been nibbled. Bug-ridden grains also belong to this group.

(d) Grains in which the germ is discoloured, mottled grains, grains affected with fusariosis

Grains in which the germ is discoloured are those of which the tegument is coloured brown to brownish black
and of which the germ is normal and not sprouting. For common wheat, grains in which the germ is discoloured
shall be disregarded up to 8 %.

For durum wheat:

— grains which show a brown to brownish black discoloration elsewhere than on the germ itself shall be

considered as mottled grains,

— grains affected with fusariosis are grains whose pericarp is contaminated with Fusarium mycelium; such
grains look slightly shrivelled, wrinkled and have pink or white diffuse patches with an ill-defined outline.

(e) Grains overheated during drying are those which show external signs of scorching but which are not damaged

grains.

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1.3. Sprouted grains

Sprouted grains are those in which the radicle or plumule is clearly visible to the naked eye. However, account must
be taken of the general appearance of the sample when its content, of sprouted grains, is assessed. In some kinds of
cereals the germ is protuberant, for example in durum wheat, and the germ tegument splits when the batch of
cereals is shaken. These grains resemble sprouted grains but must not be included in that group. Sprouted grains are
only those where the germ has undergone clearly visible changes which make it easy to distinguish the sprouted
grain from the normal grain.

1.4. Miscellaneous impurities (Schwarzbesatz)

(a) Extraneous seeds

‘Extraneous seeds’ are seeds of plants, whether or not cultivated, other than cereals. They include seeds not worth
recovering, seeds which can be used for livestock and noxious seeds.

‘Noxious seeds’ means seeds which are toxic to humans and animals, seeds hampering or complicating the
cleaning and milling of cereals and seeds affecting the quality of products processed from cereals.

(b) Damaged grains

‘Damaged grains’ are those rendered unfit for human consumption and, as regards feed grain, for consumption
by cattle, owing to putrefaction, mildew, or bacterial or other causes.

Damaged grains also include grains damaged by spontaneous heat generation or too extreme heating during
drying. These ‘heated’ or ‘smutty’ grains are fully grown grains in which the tegument is coloured greyish brown
to black, while the cross-section of the kernel is coloured yellowish-grey to brownish-black.

Grains attacked by wheat midge shall be considered damaged grains only when more than half the surface of the
grain is coloured grey to black as a result of secondary cryptogamic attack. Where discoloration covers less then
half the surface of the grain, they must be classed with grains damaged by pests;

(c) Extraneous matter

All matter in a sample of cereals retained by a sieve with apertures of 3,5 mm, (with the exception of grains of
other cereals and particularly large grains of the basic cereal) and that passing through a sieve with apertures of
1,0 mm shall be considered extraneous matter. Also included are stones, sand, fragments of straw and other
impurities in the samples which pass through a sieve with apertures of 3,5 mm and are retained by a sieve with
apertures of 1,0 mm.

This definition does not apply to maize. For maize, all matter in a sample which passes through a sieve with
apertures of 1 mm shall be considered extraneous matter, in addition to that referred to in the first subparagraph.

(d) Husks (for maize: cob fragments).

(e) Ergots.

(f) Decayed grains.

(g) Dead insects and fragments of insects.

1.5. Live pests

1.6. Piebald grains which have lost their vitreous aspect (mitadiné or piebald)

Mitadiné grains of durum wheat are grains whose kernel cannot be regarded as entirely vitreous.

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2.

SPECIFIC FACTORS TO TAKE INTO CONSIDERATION FOR EACH TYPE OF CEREAL FOR THE DEFI­
NITION OF IMPURITIES

2.1. Durum wheat

Grain impurities means shrivelled grains, grains of other cereals, grains damaged by pests, grains in which the germ
is discoloured, mottled grains of grains affected with fusariosis and grains overheated during drying.

Miscellaneous impurities means extraneous seeds, damaged grains, extraneous matter, husks, ergot, decayed grains,
dead insects and fragments of insects.

2.2. Common wheat

Grain impurities means shrivelled grains, grains of other cereals, grains damaged by pests, grains in which the germ
is discoloured and grains overheated during drying.

Miscellaneous impurities means extraneous seeds, damaged grains, extraneous matter, husks, ergot decayed grains,
dead insects and fragments of insects.

2.3. Barley

Grain impurities means shrivelled grains, grains of other cereals, grains damaged by pests and grains overheated
during drying.

Miscellaneous impurities means extraneous seeds, damaged grains, extraneous matter, husks, dead insects and
fragments of insects.

2.4. Maize

Grain impurities means grains of other cereals, grains damaged by pests and grains overheated during drying.

For maize, all matter in a sample which passes through a sieve with apertures of 1,0 mm shall be considered
extraneous matter.

All extraneous seeds, damaged grains, extraneous matter, husks, dead insects and fragments of insects shall be
considered miscellaneous impurities.

2.5. Sorghum

Grain impurities means grains of other cereals, grains damaged by pests and grains overheated during drying.

Miscellaneous impurities means extraneous seeds, damaged grains, extraneous matter, husks, dead insects and
fragments of insects.

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L 192/35

ANNEX III

STANDARD METHOD FOR DETERMINING MATTER OTHER THAN BASIC CEREALS OF UNIMPAIRED
QUALITY

1. For common wheat, durum wheat and barley, an average sample of 250 g shall be passed through two sieves, one
with slotted perforations of 3,5 mm and the other with slotted perforations of 1,0 mm, for half a minute each.

In order to ensure constant sifting, it is advisable to use a mechanical sieve, for example a vibrating table with fitted
sieves.

The matter retained by the sieve with slotted perforations of 3,5 mm and that passing through the sieve with slotted
perforations of 1,0 mm must be weighed together and regarded as extraneous matter. Where the matter retained by
the sieve with slotted perforations of 3,5 mm includes parts in the ‘other cereals’ group or particularly large grains of
the basic cereal, those parts or grains shall be returned to the sifted sample. During sifting, in the sieve with slotted
perforations of 1,0 mm, a close check must be made for live pests.

From the sifted sample, a sample of 50 to 100 g shall be taken using a separator. This partial sample must be weighed.

The partial sample should then be spread out on a table with tweezers or a horn spatula and broken grains, other
cereals, sprouted grains, grains damaged by pests, grains damaged by frost, grains in which the germ is discoloured,
mottled grains, extraneous seeds, ergots, damaged grains, decayed grains, husks and live pests and dead insects must be
extracted.

Where the partial sample includes grains still in the husk, they shall be husked by hand, the husks obtained being
considered as pieces of husks. Stones, sand and fragments of straw shall be considered extraneous matter.

The partial sample shall be passed for half a minute through a sieve with a mesh size of 2,0 mm for common wheat,
1,9 mm for durum wheat and 2,2 mm for barley. Matter which passes through this sieve shall be considered as
shrivelled grains. Grains damaged by frost and unripe green grains shall belong to the ‘shrivelled grains’ group.

2. An average sample of 500 g in the case of maize and 250 g for sorghum, is shaken for half a minute in a sieve which

has slotted perforations of 1,0 mm. Check for the presence of live pests and dead insects.

Using tweezers or a horn spatula, extract from the matter retained by the sieve with slotted perforations of 1,0 mm
stones, sand, fragments of straw and other extraneous matter.

Add the extraneous matter thus extracted to the matter which has passed through the sieve with slotted perforations
of 1,0 mm and weigh them together.

Using a separator, prepare a partial sample of 100 to 200 g in the case of maize or 25 to 50 g for sorghum from the
sample passed through the sieve. Weigh this partial sample. Spread it out in a thin layer on a table. Using tweezers or
a horn spatula, extract the pieces of other cereals, grains damaged by pests, grains damaged by frost, sprouted grains,
extraneous seeds, damaged grains, husks, live pests and dead insects.

Next, pass this partial sample through a sieve with a 4,5 mm round mesh for maize and 1,8 mm round mesh for
sorghum. The matter which passes through this sieve shall be considered as broken grains.

3. Groups of matter other than basic cereals of unimpaired quality, determined according to the methods referred to in 1
and 2 must be weighed very carefully to the nearest 0,01 g and distributed according to percentage over the average
sample. The particulars entered in the analysis report shall be to the nearest 0,1 %. Check for live pests.

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As a general rule, two analyses must be made for each sample. They must not differ by more than 10 % in respect of
the total of the above mentioned matter.

4. The apparatus to be used for the operations referred to in 1, 2 and 3 is as follows:

(a) sample separator, for example a conical or grooved apparatus;

(b) precision or assay balance;

(c) sieves with slotted perforations of 1,0 mm, 1,8 mm, 1,9 mm, 2,0 mm, 2,2 mm and 3,5 mm and sieves with a

1,8 mm and 4,5 mm round mesh. The sieves may be fitted to a vibrating table.

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L 192/37

ANNEX IV

STANDARD METHOD OF TESTING FOR MOISTURE CONTENT

1. Principle

The product is dried at a temperature of 130 to 133 °C under normal atmospheric pressure, for a period appropriate
to the size of the particles.

2. Scope

This drying method applies to cereals crushed into particles of which at least 50 % pass through a sieve with 0,5 mm
mesh and leave not more than 10 % residue on the sieve with a 1,0 mm round mesh. It also applies to flour.

3. Apparatus

Precision balance.

Crusher made of a material which does not absorb moisture, is easy to clean, enables crushing to be effected quickly
and evenly without overheating, limits contact with the outside air to the minimum, and meets the requirements
mentioned in 2 (for example a detachable roller mill).

Receptacle made of non-corrodible metal or glass, fitted with a sufficiently tight-fitting lid; working surface allowing
distribution of the test sample at 0,3 g per cm2.

Electrically heated isothermic heating chamber, set at a temperature of 130 to 133 °C (1) having adequate
ventilation (2).

Dessicator with a metal or, failing metal, porcelain plate (thick, perforated), containing any suitable dessicant.

4. Procedure

Drying

Weigh to the nearest 1 mg a quantity slightly greater than 5 g of the crushed small-grained cereals or 8 g of the
crushed maize in the pre-weighed receptacle. Place the receptacle in a heating chamber heated to a temperature of 130
to 133 °C. This should be done as quickly as possible, so as to prevent too great a drop in temperature. Leave small-
grained cereals to dry for two hours and maize for four hours after the heating chamber regains a temperature of 130
to 133 °C. Remove the receptacle from the heating chamber, quickly replace the lid,
leave to cool for 30 to 45
minutes in a dessicator and weigh (to the nearest 1 mg).

5. Method of calculation and formulae

E

= the initial mass, in grams, of the test sample

M = the mass, in grams, of the test sample after preparation

M′ = the mass, in grams, of the test sample after crushing

m = the mass, in grams, of the dry test sample.

The moisture content as a percentage of the product is equal to:

— without previous preparation (E – m) × 100/E,

— with previous preparation, ((M′ – m)M/M′ + E – M) × 100/E = 100 (1 – Mm/EM′)

Tests to be made in duplicate at least.

(1) Air temperature inside the heating chamber.
(2) Its heating capacity should be such that, when it has been pre-set to a temperature of 130 to 133 °C, that temperature can be regained
in less than 45 minutes after the maximum number of test samples have been placed in the chamber to dry simultaneously. Ventilation
should be such that, when small-grained cereals (common wheat, durum wheat, barley and sorghum) are dried for two hours and
maize for four hours, the results from all the test samples of semolina or, as the case may be, maize that the heating chamber can hold
differ by less than 0,15 % from the results obtained after drying small-grained cereals for three hours and maize for five hours.

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6. Repetition

The difference between the values obtained from the two determinations carried out simultaneously or in rapid
succession by the same analyst shall not exceed 0,15 g of moisture per 100 g of sample.
If it does so, the
determinations shall be repeated.

19.7.2008

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Official Journal of the European Union

L 192/39

ANNEX V

METHOD FOR DETERMINING THE NON-STICKINESS AND MACHINABILITY OF THE DOUGH OBTAINED
FROM COMMON WHEAT

1.

Title

Method for test baking of wheat flour.

2.

Scope

The method is applicable to flour, experimentally milled from wheat for the production of yeast-raised bread.

3.

Principle

Dough is made from flour, water, yeast, salt and sucrose, in a specified mixer. After dividing and rounding, the
pieces are given 30 minutes’ rest; they are moulded, placed on baking sheets and baked after a final proof of fixed
duration. Dough-handling properties are noted. The loaves are judged by volume and height.

4.

Ingredients

4.1. Yeast

Active dry yeast of
characteristics.

type Saccharomyces

cerevisiae DHW-Hamburg-Wansbeck or a product having the same

4.2.

Tap water

4.3.

Sugar-salt-ascorbic acid solution

Dissolve 30 ± 0,5 g of sodium chloride (commercial grade), 30 ± 0,5 g of sucrose (commercial grade), and 0,040 ±
0,001 g ascorbic acid in 800 ± 5 g of water. Prepare fresh daily.

4.4.

Sugar solution

Dissolve 5 ± 0,1 g sucrose (commercial grade) in 95 ± 1 g of water. Prepare fresh daily.

4.5.

Enzyme active malt flour

Commercial grade.

5.

Equipment and apparatus

5.1. Baking room

Controlled to maintain a temperature of 22 to 25 °C.

5.2. Refrigerator

For maintaining a temperature of 4 ± 2 °C.

5.3. Balance

Maximum load 2 kg, accuracy 2 g.

5.4. Balance

Maximum load 0,5 kg, accuracy 0,1 g.

5.5. Analytical balance

Accuracy 0,1 × 10-3 g.

5.6. Mixer

Stephan UMTA 10, with mixing arm model ‘Detmold’ (Stephan Soehne GmbH) or similar equipment having the
same characteristics.

5.7.

Proving cabinet

Controlled to maintain a temperature of 30 ± 1 °C.

5.8. Open plastic boxes

Made from polymethylmethacrylate (Plexiglas, Perspex). Inside dimensions: 25 × 25 × 15 cm height, wall thickness
0,5 ± 0,05 cm.

L 192/40

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Official Journal of the European Union

19.7.2008

5.9.

Square plastic sheets

Made from polymethylmethacrylate (Plexiglas, Perspex). At least 30 × 30 cm, thickness 0,5 ± 0,05 cm.

5.10. Moulder

Brabender ball homogeniser (Brabender OHG) or similar equipment having the same characteristics.

6.

Sampling

According to ICC Standard No 101.

7.

Procedure

7.1. Determination of water uptake

Determine the water absorption according to ICC Standard No 115/1.

7.2. Determination of malt flour addition

Determine the ‘falling number’ of the flour according to ISO 3093-1982. If the ‘falling number’ is higher than 250,
determine the malt flour addition required to bring it within the range 200 to 250, using a series of mixtures of
the flour with increasing quantities of malt flour (4.5). If the ‘falling number’ is lower than 250, no malt flour is
required.

7.3. Reactivation of active dry yeast

Adjust the temperature of the sugar solution (4.4) to 35 ± 1 °C. Pour one part by weight of the active dry yeast
into four parts by weight of this tempered sugar solution. Do not stir. Swirl if necessary.

Allow to stand for 10 ± 1 minute, then stir until a homogeneous suspension is obtained. Use this suspension
within 10 minutes.

7.4.

Temperature adjustment of the flour and the dough liquid

The temperature of the flour and the water must be adjusted to give a dough temperature of 27 ± 1 °C after
mixing.

7.5. Dough composition

Weigh, with a precision of 2 g, 10 y/3 g flour on as-is moisture basis (corresponding to 1 kg flour on a 14 %
moisture basis), in which ‘y’ is the quantity of flour used in the farinograph test (see ICC Standard No 115/1).
Weigh, with a precision of 0,2 g, the quantity of malt flour necessary to bring the ‘falling number’ within the range
200 to 250 (7.2).

Weigh 430 ± 5 g sugar-salt-ascorbic acid solution (4.3) and add water to a total mass of (x – 9) 10 y/3 g, (see 10.2)
in which ‘x’ is the quantity of water used in the farinograph test (see ICC Standard No 115/1). This total mass
(usually between 450 and 650 g) must be achieved with a precision of 1,5 g.

Weigh 90 ± 1 g yeast suspension (7.3).

Note the total mass of the dough (P), which is the sum of the masses of flour, sugar-salt-ascorbic acid solution plus
water, yeast suspension and malt flour.

7.6. Mixing

Before starting, bring the mixer to a temperature of 27 ± 1 °C by use of a suitable quantity of tempered water.

Place the liquid dough ingredients in the mixer and place the flour plus malt flour on top.

Start the mixer (speed 1, 1 400 rev/min), and allow to run for 60 seconds. Twenty seconds after the start of
mixing, turn the scraper attached to the lid of the mixing bowl two revolutions.

Measure the temperature of the dough. If it is outside the range 26 to 28 °C, discard the dough and mix a new one
after adjustment of ingredient temperatures.

Note dough properties using one of the following terms:

— non-sticky and machinable, or

— sticky and non-machinable.

To be considered ‘non-sticky and machinable’ at the end of mixing, the dough should form a coherent mass which
hardly adheres to the sides of the bowl and spindle of the mixer. It should be possible to collect the dough by hand
and remove it from the mixing bowl in a single motion without noticeable loss.

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Official Journal of the European Union

L 192/41

7.7. Dividing and rounding

Weigh, with precision of 2 g, three pieces of dough according to the formula:

p = 0,25 P, where:

p = mass of scaled dough piece,

P = total mass of dough.

Immediately round the pieces for 15 seconds in the moulder (5.10) and place them for 30 ± 2 minutes on the
square plastic sheets (5.9), covered by the inverted plastic boxes (5.8) in the proving cabinet (5.7).

Do not use dusting flour.

7.8. Moulding

Bring the pieces of dough on the plastic sheets, covered by the inverted boxes, to the moulder (5.10), and re-round
each piece for 15 seconds. Do not remove cover from a piece of dough until immediately before rounding. Note
dough properties again, using one of the following terms:

— non-sticky and machinable, or

— sticky and non-machinable.

To be considered as ‘non-sticky and machinable’ the dough should adhere hardly, or not at all, to the sides of the
chamber so that it can freely rotate around itself and form a regular ball during the operation of the machine. At
the end of the operation the dough should not stick to the sides of the dough-moulding chamber when the lid of
the chamber is raised.

8.

Test report

The test report should mention:

— dough-handling properties at the end of mixing, and at moulding,

— the ‘falling number’ of the flour without addition of malt flour,

— any anomalies observed.

It should further include:

— the method used,

— all details required for the identification of the sample.

9.

General remarks

9.1. The formula for the calculation of the quantity of dough liquid is based on the following considerations:

Addition of x ml water to the equivalent of 300 g flour at 14 % moisture produces the required consistency. As in
the baking test 1 kg of flour (14 % moisture basis) is used, whereas x is based on 300 g of flour, for the baking test
x divided by three and multiplied by 10 g of water is needed, so 10 x/3 g.

The 430 g sugar-salt-ascorbic acid solution contains 15 g salt and 15 g sugar. This 430 g solution is included in
the dough liquid. So to add 10 x/3 g water to the dough, (10 x/3 + 30) g dough liquid composed of the 430 g
sugar-salt-ascorbic acid solution and an additional quantity of water must be added.

Although part of the water added with the yeast suspension is absorbed by the yeast, this suspension also contains
‘free’ water. It is arbitrarily supposed that 90 g yeast suspension contains 60 g ‘free’ water. The quantity of the
dough liquid must be corrected for this 60 g of ‘free’ water in the yeast suspension, so 10 x/3 plus 30 minus 60 g
must finally be added. This can be rearranged as follows: (10 x/3 + 30) – 60 = 10 x/3 – 30 = (x/3 – 3) 10 = (x – 9)
10/3, the formula given in 7.5. If, for example, a water addition x in the farinograph test was found of 165 ml, this
value must be substituted in this formula, so to the 430 g sugar-salt-ascorbic acid solution water must be added to
a total mass of:

(165 – 9) 10/3 = 156 × 10/3 = 520 g.

L 192/42

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Official Journal of the European Union

19.7.2008

9.2. The method is not directly applicable to wheat. The procedure to be followed for characterising the baking

properties of wheat is as follows:

Clean the wheat sample, and determine the moisture content of the cleaned wheat. If the moisture content is within
the range 15,0 % to 16,0 %, do not temper the wheat. If the moisture content is outside this range, adjust the
moisture content to 15,5 ± 0,5 %, at least three hours prior to milling.

Mill the wheat into flour using a Buehler laboratory mill MLU 202 or a Brabender Quadrumat Senior mill or
similar equipment having the same characteristics.

Choose a milling procedure that yields a flour of minimum 72 % extraction, with an ash content of 0,50 to 0,60 %
on dry matter basis.

Determine the ash content of the flour according to Annex II to Commission Regulation (EC) No 1501/95
(OJ L 147, 30.6.1995, p. 7) and the moisture content according to this Regulation. Calculate the extraction
rate by the equation:

E = (((100 – f) F)/(100 – w) W) × 100 %

where:

E = extraction rate,

f = moisture of the flour,

w = moisture content of the wheat,

F = mass of flour produced with moisture content f,

W = mass of wheat milled with moisture content w.

Note: Information concerning the ingredients and equipment to be used is published in Document T/77.300 of
31 March 1977 from the Instituut voor Graan, Meel en Brood, TNO — Postbus 15, Wageningen, Netherlands.

19.7.2008

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Official Journal of the European Union

L 192/43

ANNEX VI

DETERMINATION OF THE RATE OF LOSS OF VITREOUS ASPECT

1. Principle

Only part of the sample is used to determine the percentage of grains which have wholly or partially lost their vitreous
aspect. The grains are cut using a Pohl grain cutter or an equivalent instrument.

2. Equipment and apparatus

— Pohl grain cutter or equivalent instrument,

— tweezers, scalpel,

— tray or dish.

3. Procedure

(a) The determination is carried out on a sample of 100 g after separation of any matter other than basic cereals of

unimpaired quality.

(b) Spread the sample on a tray and homogenise well.

(c)

Insert a plate in the grain cutter and spread a handful of grains on the grid. Tap firmly to ensure that there is only
one grain in each hole. Lower the moveable section to hold the grains in place and then cut them.

(d) Prepare sufficient plates to ensure that a minimum of 600 grains are cut.

(e) Count the number of grains which have wholly or partially lost their vitreous aspect (mitadiné).

(f) Calculate the percentage of grains which have wholly or partially lost their vitreous aspect (mitadiné).

4. Expression of results

I = mass, in grams, of matter other than basic cereals of unimpaired quality.

M = percentage of cleaned grains examined which have wholly or partially lost their vitreous aspect (mitadiné).

5. Result

The percentage of grains which have wholly or partially lost their vitreous aspect (mitadiné) in the test portion is:

(M × (100 – I))/100 = …

L 192/44

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Official Journal of the European Union

19.7.2008

ANNEX VII

TABLE I

Price increases for moisture content

Maize and sorghum

Other cereals

Moisture content (%)

Increases (EUR/tonne)

Moisture content (%)

Increases (EUR/tonne)

—

—

—

—

—

—

—

—

—

—

12,4

12,3

12,2

12,1

12,0

11,9

11,8

11,7

11,6

11,5

11,4

11,3

11,2

11,1

11,0

10,9

10,8

10,7

10,6

10,5

10,4

—

—

—

—

—

—

—

—

—

—

0,1

0,2

0,3

0,4

0,5

0,6

0,7

0,8

0,9

1,0

1,1

1,2

1,3

1,4

1,5

1,6

1,7

1,8

1,9

2,0

2,1

13,4

13,3

13,2

13,1

13,0

12,9

12,8

12,7

12,6

12,5

12,4

12,3

12,2

12,1

12,0

11,9

11,8

11,7

11,6

11,5

11,4

11,3

11,2

11,1

11,0

10,9

10,8

10,7

10,6

10,5

10,4

0,1

0,2

0,3

0,4

0,5

0,6

0,7

0,8

0,9

1,0

1,1

1,2

1,3

1,4

1,5

1,6

1,7

1,8

1,9

2,0

2,1

2,2

2,3

2,4

2,5

2,6

2,7

2,8

2,9

3,0

3,1

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Official Journal of the European Union

L 192/45

Maize and sorghum

Other cereals

Moisture content (%)

Increases (EUR/tonne)

Moisture content (%)

Increases (EUR/tonne)

10,3

10,2

10,1

10,0

2,2

2,3

2,4

2,5

10,3

10,2

10,1

10,0

3,2

3,3

3,4

3,5

TABLE II

Price reductions for moisture content

Maize and sorghum

Other cereals

Moisture content (%)

Reduction (EUR/tonne)

Moisture content (%)

Reduction (EUR/tonne)

13,5

13,4

13,3

13,2

13,1

1,0

0,8

0,6

0,4

0,2

14,5

14,4

14,3

14,2

14,1

TABLE III

Price reductions for specific weight

1,0

0,8

0,6

0,4

0,2

Cereal

Specific weight (kg/hl)

Price reduction (EUR/tonne)

Common wheat

Less than 76 to 75

Barley

Less than 75 to 74

Less than 74 to 73

Less than 64 to 62

0,5

1,0

1,5

1,0

TABLE IV

Price reductions for protein content

Protein content (1) (N × 5,7)

Less than 11,5 to 11,0

Less than 11,0 to 10,5

(1) As % of dry matter.

Price reduction (EUR/tonne)

2,5

5

L 192/46

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Official Journal of the European Union

19.7.2008

ANNEX VIII

Practical method for determining the reduction to be applied to the price of sorghum by intervention agencies

1. Basic data

P

= the percentage of tannin in raw product,

0,4 %

= the percentage of tannin above to which the reduction is to be applied,

11 % (1) = the reduction corresponding to 1 % tannin in the dry matter.

2. Calculation of the reduction

The reduction, expressed in euro to be applied to the reference price, shall be calculated in accordance with the
following formula:

11 (P – 0,40)

(1) Reduction to be applied to the price of sorghum on the basis of the tannin content of 1 000 g of dry matter:

(a) Poultry-metabolisable energy of 1 000 g of sorghum dry matter with a theoretical tannin content of 0 %: 3 917 K calories;
(b) Reduction of the poultry-metabolisable energy of 1 000 g of sorghum dry matter per additional percentage point of tannin: 419 K

calories;

(c) Difference, expressed in percentage points, between the maximum tannin content laid down for sorghum accepted for intervention

and the tannin content laid down for the standard quality: 1,0 – 0,30 = 0,70;

(d) Difference, expressed as a percentage, between the poultry-metabolisable energy of sorghum containing 1,0 % tannin and the

poultry-metabolisable energy of sorghum with the same tannin content as the standard quality (0,30 %)

(cid:1)

100 –

3 917 – ð419 (cid:1) 1; 0Þ
3 917 – ð419 (cid:1) 0; 30Þ

(cid:2)

(cid:1) 100

¼ 7; 74 %

(e) Reduction corresponding to a 1 % tannin content in the dry matter, in excess of 0,30 %

7; 74
0; 70

¼ EUR 11

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Official Journal of the European Union

L 192/47

ANNEX IX

Repealed Regulation with list of its successive amendments

Commission Regulation (EC) No 824/2000
(OJ L 100, 20.4.2000, p. 31)

Commission Regulation (EC) No 336/2003
(OJ L 49, 22.2.2003, p. 6)

Commission Regulation (EC) No 777/2004
(OJ L 123, 27.4.2004, p. 50)

Only Article 1

Commission Regulation (EC) No 1068/2005
(OJ L 174, 7.7.2005, p. 65)

Commission Regulation (EC) No 1572/2006 (1)
(OJ L 290, 20.10.2006, p. 29)

Commission Regulation (EC) No 883/2007
(OJ L 195, 27.7.2007, p. 3)

(1) Regulation partly annulled by judgment of the Court of First Instance of 15 November 2007 in Case T-310/06.

L 192/48

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Official Journal of the European Union

19.7.2008

ANNEX X

CORRELATION TABLE

Regulation (EC) No 824/2000

This Regulation

Article 1

Article 2(1)

Article 1

Article 4(1)

Article 2(2), first subparagraph, introductory sentences

Article 4(2), first subparagraph, introductory sentences

Article 2(2), first subparagraph, first indent

Article 4(2), first subparagraph, point (a)

Article 2(2), first subparagraph, second indent

Article 4(2), first subparagraph, point (b)

Article 2(2), second and third subparagraphs

Article 4(2), second and third subparagraphs

Article 2(3)

Article 4(3)

Article 3, introductory words

Article 5, introductory words

Article 3, point (3.1.)

Article 3, point (3.2.)

Article 3, point (3.3.)

Article 3, point (3.4.)

Article 3, point (3.5.)

Article 3, point (3.6.)

Article 3, point (3.7.)

Article 3, point (3.8.)

Article 3, point (3.9.)

Article 3, point (3.10.)

Article 3a

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 11a

Article 12
—

Article 13

Annex I

Annex II

Annex III

Annex IV

Annex V

Annex VI

Annex VII

Annex VIII
—

—

Article 5, point (a)

Article 5, point (b)

Article 5, point (c)

Article 5, point (d)

Article 5, point (e)

Article 5, point (f)

Article 5, point (g)

Article 5, point (h)

Article 5, point (i)

Article 5, point (j)

Article 3

Article 2

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13
—

Article 14

Article 15

Annex I

Annex II

Annex III

Annex IV

Annex V

Annex VI

Annex VII

Annex VIII

Annex IX

Annex X