CELEX: 31969R1397
Language: en
Date: 1969-07-17
Title: Regulation (EEC) No 1397/69 of the Council of 17 July 1969 fixing standard qualities for certain cereals and categories of flour, groats and meal and the rules for fixing the threshold prices of these categories of products

338                                   Official Journal of the European Communities
                                                                              /
  No L 179/6                            Official Journal of the European Communities                                  21.7.69
                                   REGULATION (EEC) No 1397/69 OF THE COUNCIL
                                                         of 17 July 1969
                  fixing standard qualities for certain cereals and categories of flour, groats and meal and
                           the rules for fixing the threshold prices of these categories of products
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas these objectives may be attained by fixing a
                                                                    threshold price which allows for the cost of
  Having regard to the Treaty establishing the
  European Economic Community;
                                                                    manufacturing these products and an adequate level
                                                                     of protection for the processing industry;
  Having regard - to Council Regulation No                                t
  120/67/EEC1 of 13 June 1967 on the common                         Whereas manufacturing costs may be determined by
  organisation of the market in cereals, as last amended            adding to the value of the cereal an amount
  by Regulation (EEC) No 831/69,2 and in particular                 representing the milling margin and by subtracting
  Article 5 (5 ) (a) thereof;                                       from the total thus obtained, where appropriate, a
                                                                    fixed amount for the value of meal or flour of
  Having regard to the proposal from the Commission;
                                                                    inferior quality and other residues of milling;
 Whereas the threshold prices for oats, grain sorghum,
  millet, buckwheat, canary seed and the kinds of flour,
 groats and meal referred to in Article 1 (c) of                    Whereas, however, when fixing the threshold price
 Regulation No 120/67/EEC should correspond to                      for groats and meal of common wheat, a fixed ratio
 specific standard qualities ;                                     representing the relationship between the price of
                                                                    wheat flour and the prices of those products on
 Whereas the standard qualities for which those prices              Community markets should be taken as a basis ;
 are fixed should correspond- as far as possible to the
 average qualities of those cereals harvested in the                HAS ADOPTED THIS REGULATION :
 Community;
 Whereas standard qualities were fixed by Council                                           Article 1
 Regulation No 130/67/EEC3 of 13 June 1967;
 whereas the definitions contained in that Regulation              The standard quality for which the threshold price
 of matter other than basic cereals of unimpaired                  for oats is fixed is defined as follows :
 quality have proved incomplete and more precise
 defintions should therefore be established, a standard            (a) oats of a sound and fair marketable quality, free
 method for determining that matter introduced and                       from abnormal smell and live pests, of a colour
 the method of testing for moisture content adapted to                   proper to this cereal and of a quality
the latest techniques ; whereas, to that end, the                        corresponding to the average quality of oats
provisions to be adopted should be those set out in                      harvested    under  normal     conditions  in   the
Annexes I and II to Council Regulation (EEC) No                          Community;
768/694 of 22 April 1969 fixing the standard qualities             (b) moisture content: 16% ;
for common wheat, rye, barley, maize and durum
wheat;                                                              (c) total percentage of matter other than basic cereals
                                                                         of unimpaired quality: 3% ,. of which :
Whereas the threshold . prices for flour, groats and
meal should be so fixed as to enable the target prices                   — grain impurities : 2% ; 'grain impurities' means
for basic cereals to be attained and the protection of                       grains of other cereals and grains damaged
the processing industry to be ensured;                                       by pests ;
                                                                        — percentage of miscellaneous impurities : 1% ;
                                                                            ('miscellaneous impurities' consists of weed
1 OJ No 117, 19.6.1967, p. 2269/67.
                                                                            seeds, damaged grains extraneous matter,
2 OJ No 107, 6.5.1969, p. 1 .
                                                                            husks, dead insects and fragments of insects);
3 OJ No 120, 21.6.1967, p. 2356/67.
4 OJ No L 100, 26.4.1969, p. 8.                                    (d) specific weight: 40 kilogrammes per hectolitre.
 ---pagebreak---                                      Official Journal of the European Communities                                      339
                         Article 2                                                       Article 6
The standard quality for which the threshold price              1 . The standard quality for which the threshold
for grain sorghum is fixed shall be that defined in the         price for wheat flour is fixed is defined as follows :
' Official Grain Standards of the United States' for
USA Yellow Grain Sorghum No 2, but with a 15%
moisture content.                                               — wheat flour having an ash content of 550
                                                                    milligrammes per 100 grammes of flour and a
                                                                    moisture content of 15*50% , called 'type 550
                                                                    wheat flour'.
                         Article 3
The standard quality for which the threshold price              2. The threshold price referred to in paragraph 1
for millet is fixed is defined as follows :                     shall be calculated by adding together the
                                                                components determined in accordance with
(a) millet corresponding to the average quality of              paragraph 3 and subtracting from the amount thus
      millet grown in Argentina;                                obtained the factor determined in accordance with
                                                                paragraph 4.
(b) moisture content: 13% ;
  (c) total percentage of matter other than basic cereals       3.    The components are the following :
      of unimpaired quality: 17% , of which :
                                                                (a) the value of common wheat processed into flour,
      — percentage of broken grains or husked grains :               calculated from :
          15% ;
                                                                     — the quantity of common wheat, assessed at a
      — percentage of miscellaneous impurities : 2%                      fixed rate of 1400 kilogrammes for the
          ('miscellaneous impurities' consists of weed                   production of one metric ton of flour;
          seeds, damaged grains, extraneous matter,
          husks, dead insects or fragments of insects).             — the threshold price for common wheat, taking
                                                                         into account the monthly graduation of this
                                                                         price;
                         Article 4                              (b) an amount representing the milling margin, fixed
                                                                     at 13*75 units of account per metric ton of
The standard quality for which the threshold price                   common wheat for processing;
for buckwheat is fixed shall correspond to                      (c) an amount, intended to ensure protection of the
buckwheat of commercial grade of the Republic of                     processing industry, fixed at 18*75 units of
South Africa.
                                                                     account per metric ton of wheat flour.
                                                                4.    The factor to be subracted is the value of the
                         Article 5                              residues calculated from :
                                                                — the quantity of residues, assessed at a fixed rate of
The standard quality for which the threshold price                  372 kilogrammes per metric ton of flour
for canary seed is fixed is defined as follows :                    obtained;
                                                                — a fixed price for residues, whether or not sorted,
( a) canary seeds of a sound and fair marketable
      quality;                                                      of 65 units of account per metric ton.
(b) moisture content: 16% ;                                     5.    The threshold price for meslin flour shall be the
                                                                same as that for wheat flour.
  (c) total percentage of matter other than basic cereals
      of unimpaired quality: 3% , of which :
      — percentage of grain impurities : 2% ('grain
          impurities' means grains of other cereals and                                  Article 7
          grains damaged by pests);
      — percentage of miscellaneous impurities : 1%             1.    The standard quality for which the threshold
          ('miscellaneous impurities' consists of weed          price for rye flour is fixed is as follows :
          seeds, damaged grains, extraneous matter,
          husks, dead insects and fragments of insects);        — rye flour having an ash content of 812
                                                                    milligrammes per 100 grammes of flour and a
 (d) specific weight : 70 kilogrammes per hectolitre.               moisture content of 15*50% .
 ---pagebreak--- 340                                 Official Journal of the European Communities
2. The threshold price referred to in paragraph 1              4.     The factors to be subtracted are the following:
shall be calculated in accordance with Article 6 (3 )
and (4), the word 'rye' being substituted for the words        (a) the value of intermediate products calculated
'common wheat'. The fixed price for residues,                      from :
whether or not sorted, shall be 60 units of account                — the quantity of intermediate products assessed
per metric ton.                                                         at a fixed rate of 162 kilogrammes per metric
                                                                        ton of groats and meal of durum wheat
                         Article 8                                      obtained;
                                                                   — the price of these products, calculated by A
1 . The standard quality for which the threshold                        adding together the components determined
price for groats and meal of common wheat is fixed                      in accordance with Article 6 (3 ) (a) and (b)
is that of a product having a moisture content of                       and subtracting therefrom the factor
15-50% .                                                                determined in accordance with Article 6 (4),
                                                                        the amount thus obtained being reduced by
2. The threshold price referred to in paragraph 1                       35% .
shall be equal to the threshold price for wheat flour
plus 8% .                                                      (b) the value of residues calculated from :
                                                                   — the quantity of residues assessed at a fixed
                         Article 9                                    . rate of 357 kilogrammes per metric ton of
                                                                        groats and meal of durum wheat obtained ;
1 . The standard quality for which the threshold                   — the price of common wheat residues
price for groats and meal of durum wheat is fixed is                    determined in accordance with the second
that of a product having a moisture content of                          indent of Article 6 (4), less 15% .
14-50% .
2.      The threshold price referred to in paragraph 1                                 Article 10
shall be calculated by adding together the
components determined in accordance with
paragraph 3 and subtracting from the amount thus               For the purpose of this Regulation :
obtained the factors determined in accordance with
paragraph 4.                                                   (a) matter other than basic cereals of unimpaired
                                                                    quality shall be as defined in Annex I, Part A,
3.      The components are the following:                          saving any other definition contained in this
                                                                    Regulation, and shall be determined in
( a ) the value of durum wheat processed into groats                accordance with the method laid down in Annex
      and meal, calculated from:                                   I, Part B ;
      — the quantity of durum wheat assessed at a
          fixed rate of 1550 kilogrammes per metric ton        (b) the moisture content shall be determined in
          of groats and meal obtained;                             accordance with the method indicated in Annex
                                                                    II.
      — the threshold price for durum wheat, taking
          into account any monthly graduation of this
          price.                                                                       Article 11
(b) the components specified in Article 6 (3 ) (b) and
      (c), the words 'durum wheat' and 'groats and             Regulation No 130/67/EEC is hereby repealed.
      meal of durum wheat' being substituted respec­
      tively for the words 'common wheat' and 'wheat           This Regulation shall enter into force on 1 August
      flour'.                                                  1969.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 17 July 1969.
                                                                                     For the Council
                                                                                       The President
                                                                                      P. LARDINOIS
 ---pagebreak---                         Official Journal of the European Communities                             341
                                             ANNEX 1
A. MATTER OTHER THAN BASIC CEREALS OF UNIMPAIRED QUALITY
   1. Broken grains:
      All grains in which the endosperm is partially uncovered shall be considered as broken
      grains.
      Grains damaged by threshing and grains from which the germ has been removed also
      belong to this group.
      This definition does not apply to maize.
   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 millimetres, rye 1-8 millimetres, durum wheat 1*9 millimetres, barley
           2-2 millimetres, shall be considered as shrivelled grains.
           In addition, grains damaged by frost and unripe grains (green) belong to this group.
      (b) Other cereals:
           'Other cereals' means all grains which do not belong to the species of grain sampled.
           In the case of a sample of durum wheat, all common wheat grains exceeding 4%
           shall count as 'other cereals'.
       (c) Grains damaged by pests:
           Grains damaged by pests are those which have been nibbled. Bug-ridden grains also
           belong to this group.
      (d) Grains in which the germ is discoloured and mottled grains:
           Grains in which the germ is dicoloured are those in 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.
   3. Sprouted grains:
      Sprouted grains are those in which the radicle or the 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,
      e.g. 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.
   4. Miscellaneous impurities (Schwarzbesatz):
       (a) Weed seeds:
      (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.
           Grains which have deteriorated through spontaneous generation of heat also belong
           to this group ; 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.
 ---pagebreak--- 342                           Official Journal of the European Communities
                 Grains attacked by wheat-midge shall be considered as 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 than half the surface
                 of the grain, the latter 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 2-3 millimetres
                 (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 millimetre shall
                 be considered as extraneous matter.
                 Also included in this group are stones, sand, fragments of straw and other impurities
                 in the samples which pass through a sieve with apertures of 3-5 millimetres and are
                 retained by a sieve with apertures of 1 millimetre.
                 This definition does not apply to maize. For that cereal, all matter in a sample which
                 passes through a sieve with apertures of 1 millimetre, as well as all the impurities
                 mentioned in the preceding subparagraph, must be considered as extraneous matter.
            (d) Husks (for maize: cob fragments)
            (e) Ergot
             (f) Decayed grains
            (g) Dead insects and fragments of insects
       5. Live pests
    B. STANDARD METHOD FOR DETERMINING MATTER OTHER THAN BASIC
       CEREALS OF UNIMPAIRED QUALITY
       1 . For common wheat, durum wheat, rye and barley, an average sample of 250 grammes
           is passed through two sieves, one with apertures of 3-5 millimetres and the other with
           apertures of 1 millimetre, for half a minute each.
           In order to ensure constant sifting, it is advisable to use a mechanical sieve, e.g. a
           vibrating table with fitted sieves.
           The matter retained by the sieve with apertures of 3-5 millimetres and that passing
           through the sieve with apertures of 1 millimetre must be weighed together and considered
           as extraneous matter. Where the matter retained by the sieve with apertures of 3-5 milli­
           metres includes parts of 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 apertures of 1 millimetre a close check must be made for live pests.
           From the sifted sample, a sample of from 50 to 100 grammes shall be taken using a
           separator. This partial sample must be weighed.
           Then, this partial sample should 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, weed seeds,
           ergots, damaged grains, decayed grains, husks, 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 husk so obtained being considered as pieces of husks. Stones, sand and fragments of
           straw shall be considered as extraneous matter.
           The partial sample shall be sifted for half a minute in a sieve with apertures of 2 milli­
           metres for common wheat, 1-8 millimetres for rye, 1-9 millimetres for durum wheat and
           2-2 millimetres for barley. Matter which passes through this sieve shall be considered as
           shrivelled grain. Grains damaged by frost and unripe green grains belong to the
           'shrivelled grains' group.
       2. For maize, an average sample of 500 grammes is shaken for half a minute in a sieve
           with apertures of 1 millimetre. Check for live pests and dead insects.
 ---pagebreak---                            Official Journal of the European Commijnities                             343
        Using tweezers or a horn spatula, extract from the matter retained by the sieve with
        apertures of 1 millimetre 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 apertures of 1 millimetre and weigh them together.
        Using a separator, prepare a sample of 100 to 200 grammes from the sample passed
        through the sieve. Weigh this 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, weed seeds, damaged grains, husks, live pests
        and dead insects.
        Next, pass this partial sample through a sieve with a 4-5 millimetres round mesh. 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, the percentages of which are laid down in Articles
        1 to 5, must be weighed very carefully to the nearest 0-01 gramme 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. 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, e.g. a conical or grooved apparatus,
        (b) precision or assay balance,
         (c) sieves with apertures of 1 millimetre, 1*8 millimetres, 1-9 millimetres, 2 millimetres,
             and 3*5 millimetres and a sieve of 4-5 millimetres round mesh. The sieves may be
             fitted to a vibrating table.
                                              ANNEX II
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 of time fixed by rule of thumb according to the size of the particles.
2. Field of application:
   This drying method applies to cereals crushed into particles of which at least 50% pass
   through a sieve with a 0*5 millimetre mesh and leave not more than 10% residue on a sieve
   with a 1 millimetre 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 out­
   side air to the minimum and meets the requirements mentioned in 2 (e.g. a detachable roller
   mill).
   Receptacle made of non-corrodable glass or metal, fitted with a ground-in lid; working sur­
   face allowing distribution of the test sample at 0-3 grammes per square centimetre.
 ---pagebreak--- 344                              Official Journal of the European Communities
          Electrically heated isothermic heating-chamber, set at a temperature of 130 to 133 °C,1
         having adequate ventilation2.                      1
         Dryer with a metal or, failing metal, porcelain plate, thick, perforated, containing silica gel
          impregnated with cobalt chloride or any other suitable dehydrator.
    4. Method:
      . (a) Drying :
              Weigh at least 5 grammes of the crushed substance in the pre-weighed receptacle. Place
              the receptacle in a heating-chamber heated to 130 °C. To prevent a drop in temperature
              the receptacle must be introduced in as short a - time as possible. Leave to dry for two
              hours after the heating-chamber regains a temperature of 130 °C. Remove the receptacle
              from the heating-chamber, quickly replace the lid, leave to cool for thirty to forty-five
              minutes in a dryer and weigh (weighing must be accurate to 1 milligramme).
          (b) Pre-drying:
              Grains with a moisture content higher than 17% must be pre-dried as follows :
              Weigh 50 grammes of unground grain in a suitable container (e.g. a 10 X 12 centimetres
              aluminium plate with a 0-5 centimetre rim), leave to dry in a heating-chamber for seven
              to ten minutes at a temperature of 130 °C, remove from the heating-chamber, leave
              the grains uncovered to cool in the laboratory for two hours and weigh (weighing must
              be accurate to 10 milligrammes). Crush the partially dried grains and determine the
              remaining content as described in (a).
    5 . Method of calculation and formulae :
           E = the initial mass, in grammes, of the test sample;
           M = the mass, in grammes, of the test sample after preparation ;
          M' = the mass, in grammes, of the test sample after crushing;
           m = the mass, in grammes, of the dry test sample.
         The moisture content as a percentage of the product is equal to :
                                                                  100
         ■— without previous preparation : (E — m) X ~E~
         — with previous preparation :
         [(M'—M'm) M + E-MJI X —                  100 = 100(1/ -^        M m\
         Tests to be made in duplicate at least.
    6. Accuracy of test:
          The difference between two tests made on the same sample must not exceed ±0*1% of
          moisture .
    1 Air temperature inside the heating-chamber.
    2 Its heating capacity should - be such that, when it has been pre-set to 1-31 °C, that temperature can be regained
        in less than forty-five minutes after the maximum number of test samples have been placed in the chamber to
        dry simultaneously. Ventilation should be such that when all the test samples of common wheat it can hold are
        dried for two hours, the results differ by no more than 0-15% from the results obtained after drying for four
        hours .