CELEX: 31971R1492
Language: en
Date: 1971-07-13 00:00:00
Title: Commission Regulation (EEC) No 1492/71 of 13 July 1971 fixing the procedure and conditions for the taking over of cereals by intervention agencies

38                                     Official Journal of the European Communities
No L 157/ 18                           Official Journal of the European Communities                             14. 7. 71
                                     COMMISSION REGULATION (EEC) No 1492/71
                                                       of 13 July 1971
                  fixing the procedure and conditions for the taking over of cereals by intervention
                                                           agencies
THE COMMISSION OF THE EUROPEAN                                    to be made up for each kind of cereal offered for
COMMUNITIES,                                                      intervention, a minimum quantity should be fixed
                                                                  below which the intervention agency is not obliged
Having regard to the Treaty establishing the                      to accept the offer; whereas the conditions and
European Economic Community,                                      practices of the market in cereals have evolved in
                                                                  a way which requires the raising of this minimum
Having regard to Council Regulation No 120/67/EEC                 quantity to a level higher than that previously fixed;
of 13. June 1967 on the common organization of the                whereas, however, it may be necessary to provide
market in cereals (x), as last amended by Regulation              for a greater minimum 'metric tonnage in certain
(EEC) No 2434/70 (2), and in particular Article 7(5 )             Member States so that intervention agencies may
thereof,                                                          take account, temporarily, of pre-existing conditions
                                                                  and practices of the wholesale trade in those
Whereas intervention prices were fixed for a specific             countries ;
standard quality and whereas provision was made
for price increases and reductions in respect of cereals          Whereas the conditions governing offers to
offered of other than standard quality ;                          intervention agencies and taking over by them should
                                                                  be as uniform as possible in the Community in order
Whereas the procedure and conditions for the taking
                                                                  to avoid any discrimination between producers ;
over of cereals by intervention agencies have been
                                                                  whereas, however, Member States might usefully
fixed for each marketing year; whereas sufficient
                                                                  apply, concurrently with this Regulation, those of
experience has been acquired since the introduction
                                                                  their provisions which are suited to their own
                                                                  climatic conditions and in particular to trade
of the common organization of markets to permit of
the fixing of such procedure and conditions for an                practices ;
indefinite period beginning with the 1971/72
marketing year;                                                   Whereas the maximum moisture content of cereals
                                                                  offered for intervention should be reduced with a
Whereas cereals of inadequate quality for use or                  view to improving storage conditions ; whereas ,
storage should not be accepted for intervention;                  however, this decrease should for certain cereals be
whereas, in fixing the minimum quality, the diversity             phased over a period of time to enable those
of climatic conditions in the different regions of the            concerned to adjust their operations accordingly ;
Community should be taken into consideration ;
whereas, to this end, pending adequate Community                  Whereas the measures provided for in this Regulation
experience in the matter, the responsibility for                  are in accordance with the opinion of the
adapting the quality conditions 'laid down to the                 Management Committee for Cereals,
climatic conditions of the regions for which they are
responsible should be left provisionally to the                   HAS ADOPTED THIS REGULATION :
intervention agencies ;
                                                                                         Article 1
Whereas, in order to simplify the administration of
intervention and, in particular, to allow uniform lots
                                                                  Any holder of uniform lots of common wheat, rye,
                                                                  barley and maize weighing at least 80 metric tons
(!) OJ No 117, 19. 6. 1967, p. 2269/67.                           and of durum wheat weighing at least 40 metric
(2) OJ No L 262, 3 . 12. 1970, p 1 ,                              tops harvested in the Community shall be entitled to
 ---pagebreak---                                    Official Journal of the European Communities                                  39
offer such oerea'ls to the intervention agency.                   dost their vitreous aspect (mitadine) does not
However, the intervention agencies may fix a greater              exceed 50 and 7% respectively ;
minimum metric tonnage.
                                                              — the percentage of broken grains does not exceed
                                                                  5% for common wheat and durum wheat, and
                        Article 2                                 10% for maize ;
                                                              — the percentage of shrivelled barley grains does not
1 . In order to be accepted for intervention cereals              exceed 15% .
must be of sound and fair marketable quality.
2 . Cereals shall be considered to be of sound and
marketable quality if they are of the typical colour
                                                              3 . By way of derogation from paragraph 2 it may
                                                              be -decided, in the event of unfavourable climatic
of the cereal in question, free from abnormal smell           conditions, in accordance with the procedure laid
and live pests (including mites) at every stage of            down in Article 26 of Regulation No 120/67/EEC:
their development and if:
                                                              — to lower to 85% the percentage specified in the
— the total percentage of constituents which are                  first indent;
    basic cereals of unimpaired quality is not less
    than 90% for common wheat, durum wheat, rye,              — to increase to 20% the percentage specified in the
    barley and maize;                                             second indent;
— the moisture content for common wheat, durum                — to increase to 60% the percentage specified for
    wheat, rye, barley and maize does not exceed a                'mitadines' grains in the ninth indent.
    percentage fixed by the intervention agencies at
    between 14 and 16% according to region ; for
    the 1971/72 marketing year, however, the                                           Article 3
    percentage for common wheat, rye and barley
    may be fixed at between 14 and 18% ;
                                                              1 . All offers for intervention shall be made in
— the specific weight is at least 76 kg/hi for durum          writing to an intervention agency.
    wheat, 68 kg/hi for rye and 63 kg/hi for barley;
     for winter barley, however, the minimum specific         2. Acceptance of the offer by the intervention
    weight may be fixed at 59 kg/hi by the
                                                              agency shall be given with the least possible delay
     intervention agencies of Member States ;                 together with necessary particulars of the conditions
— the specific weight for common wheat is not less            under which the goods will be taken over. Objection
    than a weight fixed by the intervention agencies          to the conditions may be made only within 48 hours
    •at between 72 and 75 kg/hi, according to region ;        of receipt of the acceptance.
— the percentage of sprouted grains does not exceed
    6% for common wheat and durum wheat, 8%                   3 . The price to be paid to the seller shall be that
     for rye, maize and barley ; however, these               fixed, in accordance with Article 2 of Council
    percentages may be reduced by the intervention            Regulation No 132/67/EEC of 13 June 1967 laying
     agencies;                                                down general rules for intervention on the market
                                                               in cereals (1), as amended by Regulation (EEC)
— for common wheat, durum wheat, rye, barley                  No 1938/70 of 29 September 1970 (2), for goods
     and maize the percentage of grain impurities does        delivered, not unloaded at storage depot, and valid
    not exceed 5% , and for barley the percentage of          for the month of delivery specified when the offer
    grains of other cereals and grains damaged by             was accepted, account being taken of price increases
     pests does not exceed 5% ;                               and reductions to be determined.
— the percentage of miscellaneous impurities
     (Schwarzbesatz) does not exceed 3% for common            4. Payment shall be made as soon as possible after
     wheat, durum wheat, rye and barley and 4%                the taking over.
     for maize of which not more than 0-05% of
     spontaneously fermented grains for common
     wheat and durum wheat, 0-05% of ergot for                                         Article 4
     common wheat, durum wheat and rye and 0-10%
     of harmful weed seeds for common wheat, durum
     wheat and rye;                                           1 . The date of taking over shall be agreed between
— for      common    wheat    and  durum     wheat  the       the seller and the intervention agency.
     percentage of grains heated during drying
     processes does not exceed 0-50% ;
— for durum wheat and common wheat the                        (x) OJ No 120, 21 . 6. 1967, p. 2364/67.
     percentage of grains which have wholly or partly         (2) OJ No L 215, 30. ?. 1970, p. 1,
 ---pagebreak--- 40                                  Official Journal of the European Communities
2. The actual take over of the cereals shall be                barley, maize and durum wheat (1) shall be applicable
effected by the intervention agency in the presence            to this Regulation.
of the seller or his duly authorized agents.
                                                                                       Article 5
3 . If no agreement can be reached concerning the
quality and the characteristics of the cereal offered,
samples taken by both parties shall be analyzed by             The intervention agencies shall, where necessary,
a laboratory approved by the competent authorities.            adopt additional procedures and conditions for
The results of such analysis shall be final.                   taking over, compatible with the provisions of this
                                                               Regulation, to take account of any special conditions
4. The seller and the intervention agency may be               existing in the Member State to which they relate ;
represented by their respective agents.                        in particular, they may request periodic stock returns.
5. The definitions given in the first and second                                       Article 6
indents of Article 4(c) and Annex I to Council
Regulation (EEC) No 768/69 of 22 April 1969                    This Regulation shall enter into , force on 1 August
fixing standard qualities for common wheat, rye,               1971 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done in Brussels, 13 July 1971 .
                                                                                  For the Commission
                                                                                     The President
                                                                                 Franco M. MALFATTI
                                                                                                    (
                                                               i1) OJ No L 100, 28. 4. 1969, p. 8.