CELEX: 31971R1280
Language: en
Date: 1971-06-18 00:00:00
Title: Regulation (EEC) No 1280/71 of the Commission of 18 June 1971 laying down detailed rules for the buying-in of sugar by intervention agencies

Official Journal of the European Communities                                     381
  No L 133/34                          Official Journal of the European Communities                                19.6.71
                                REGULATION (EEC) No 1280/71 OF THE COMMISSION
                                                       of 18 June 1971
                       laying down detailed rules for the buying-in of sugar by intervention agencies
  THE    COMMISSION          OF    THE EUROPEAN      COM­         detailed rules for intervention buying should
  MUNITIES,                                                       therefore be brought together in a new Regulation ;
 Having Regard to the Treaty establishing the                     Whereas Regulation (EEC) No 447/68 lays down in
 European Economic Community;                                     particular that, for an offer to be valid, the sugar
                                                                  must be stored in an approved warehouse when the
  Having regard to Council Regulation (EEC) No                    offer is made and that provision may be made for the
 1009/671 of 18 December 1967 on the common                       intervention agency to buy in sugar offered by a
 organisation of the market in sugar, as last amended             specialised trader approved by the Member State on
 by Regulation (EEC) No 1060/71 ,2 and in particular              whose territory he is established ;
 Article 9 (8 ) and 10 (3 ) thereof;
                                                                  Whereas, for determination of the conditions for
 Whereas Council Regulation (EEC) No 447/683 of 9                 granting and withdrawing approval of warehouses,
 April 1968 laying down general rules for intervention            account should be taken of geographical location and
 buying of sugar, as last amended by Regulation                   of the need for the sugar to be kept in good
 (EEC) No 2274/70,4 apart from provisions of a                    condition and easily accessible for collection ;
 general character, provides in particular for the                whereas, however, for special cases, provision for a
 possibility of an intervention agency making                     relaxation of these conditions is justified;
 acceptance of an offer for intervention conditional on
 the conclusion of a storage contract between itself              Whereas the extension of the intervention system to
 and the seller and for the possibility of authorising            specialised traders requires, for the granting and
 that agency to buy in sugar offered by an approved               withdrawal of approval, the laying down of objective
 specialised trader in the sugar market; whereas                  criteria for the assessment of that activity, in
 detailed rules, of application in this field adopted by          particular as regards a significant participation in the
 Commission Regulation (EEC) No 782/685 of 26                     sugar trade; whereas Member States should be
 June 1968 laying down detailed rules of application              allowed to impose further conditions if necessary and
for the buying-in of sugar by intervention agencies, as          to withdraw approval if the further conditions are
 last amended by Regulation (EEC) No 2101 /696 ;                 not satisfied ;
whereas Regulation (EEC) No 782/68 has already
 been amended on several occasions and whereas                    Whereas sugar of a nature likely to cause difficulties
further . amendments are now necessary, having                    in its eventual disposal and to lead to deterioration
                                                                  during storage should not be accepted for
regard in particular to the change in the standard
                                                                 intervention ;
quality as laid down by Council Regulation (EEC)
No 1061 /71 of 25 May 1971 fixing, for the 1971 /72              Whereas to facilitate the regular administration of
marketing year, the prices for sugar, the standard               intervention, sugar should be offered by lots and a
 qualities for white sugar and for beet and the                  lot should be defined, in particular by fixing
 coefficient referred to in Article 24 of Regulation No          maximum and minimum quantities per lot;
 1009/67/EEC7; whereas, in the interests of clarity, the
                                                                 Whereas the intervention agency must have all the
                                                                 relevant information to determine whether the offer
1  OJ No 308 , 18.12.1967, p. 1 .                                fulfils the necessary conditions ; whereas, to that end,
2  OJ No L 115, 27.5.1971 , p. 16.                               the offerer must supply it with all necessary
3  OJ No  L 91 , 12.4.1968 , p. 5.                               information ;
4  OJ No  L 246, 12.11.1970, p. 3 .
5  OJ No  L 145, 27.6.1968 , p. 6.                               Whereas the intervention agency is entitled to make
6  OJ No  L 268 , 25.10.1969, p. 19.                             acceptance of the offer conditional upon the
7  OJ No  L 115 , 27.5.1971 , p . 17.                            conclusion of a storage contract with the seller,
 ---pagebreak--- 382                                  Official Journal of the European Communities
should it consider this necessary ; whereas, for the            Whereas the measures provided for in this Regulation
sake of uniformity, the essential terms of that                 are in accordance with the Opinion of the
contract, in particular those concerning the period of          Management Committee' for Sugar;
validity, should be established;
Whereas approved warehouses must offer the best
                                                                HAS ADOPTED THIS REGULATION :
conditions for storage of the sugar and whereas it is
generally accepted that sugar may be stored, if the
requisite conditions are fulfilled, for a period of some                                  . TITLE I
twelve months without risk of deterioration ; whereas,
therefore, in the case of a storage contract with the                                     Approvals
seller, within the meaning of Article 2 (2) of
Regulation (EEC) No 447/68, the seller should ,
regardless of the moment of transfer of ownership,                                         Article 1
remain responsible for the quality of the sugar in
question for a period not exceeding twelve months ;
                                                                1 . The approval provided for in Article 1 (2) of
Whereas Regulation No 1009/67/EEC provides in                   Regulation (EEC) No 447/68 shall be given only for
                                                                a warehouse which :
Article 9 ( 8 ) that within the detailed rules of
application should be included the adoption of scales           ( a) meets the requirements for keeping sugar in good
of price increases and reductions, by reference to the                condition ;
quality of the sugar offered, applicable to the
intervention prices ; whereas, for the determination of         ( b) is able to guarantee a discharging capacity
those scales, sugar must therefore be classified                      sufficient for the removal of the sugar;
according to its quality; whereas this classification           ( c) is situated in a place which provides the transport
and the price increases and reductions resulting                      facilities necessary for the removal of the sugar,
therefrom may be determined on the basis of the                       and
objective    data      generally used    in   commercial
transactions ;                                                  (d) is situated within the precincts of a sugar refinery
                                                                      or in a sugar-producing area .
Whereas to avoid any discrimination in the treatment
of the parties concerned and taking into account the
administrative practices current in the Member States,          2.     On      application by the party concerned,
uniform conditions should be laid down for payment              approval shall be given for any warehouse which, in
and for collection of the goods, with or without                the opinion of the intervention agency, satisfies the
storage contract, in particular as regards the                  conditions set . out in paragraph 1 . Approval may
                                                                however be restricted to warehouses which have
maximum time limits within which these operations
are to be effected ;                                            already been used for sugar storage.
Whereas it may be found necessary, for the sugar                In special cases, approval may be given to a
offered for intervention to be packed in bags, having           warehouse which does not satisfy the conditions set
regard to its subsequent destination ; whereas the              out in paragraph 1 (d).
intervention agency should therefore be enabled to              The approval shall indicate the storage capacity and
require certain forms of packing generally used in the          the discharging capacity provided for under the terms
trade, on condition that it bears the costs ; whereas           of that approval.
the costs relating to the packaging required should be
fixed at a flat rate ;
                                                                3.     The approval shall be withdrawn if the
Whereas Commission Regulation (EEC) No 1265/691                 conditions set out in paragraph 1 ( a) or ( c) are no
of 1 July 1969 establishing methods for determining             longer satisfied.
the quality of sugar bought in by intervention
agencies was restricted to the technical aspects of             The approval may be withdrawn if the discharging
those methods ; whereas, moreover, since those                  capacity provided for under the terms of the approval
methods cannot provide strictly accurate results, a             has not been made available to the intervention
margin of error must be allowed for;, whereas,                  agency .
moreover, suitable arbitration procedures , should ' be
introduced for settling any disputes arising from the
comparison of conflicting results of analyses ;                                            Article 2
                                                                1 . For the purposes of the second subparagraph of
1 OJ No L 163 , 4.7.1969, p. 1 .                                Article 2 ( 1 ) of Regulation (EEC) No 447/68, a
 ---pagebreak---                                     Official Journal of the European Communities                                    383
 'specialised trader' in the sugar market, means a             In addition,
 trader :
                                                                ( a) raw cane sugar shall have a safety coefficient not
 ( a) one of whose principal activities is wholesale                  exceeding 0-30 ;
       sugar trading and who buys a minimum of
       10 000 metric tons of Community sugar per                (b) raw beet sugar shall have :
       marketing year;
                                                                      — a ph factor not less than 7-9 ;
 (b) who does not engage in the retail sale of sugar.
                                                                      — an invert sugar content not exceeding 0-7% ;
 2. Subject to the provisions of paragraph 3 , the                    — a temperature which does not entail any risk
 approval provided for in the second subparagraph of                      of deterioration ;
Article 2 ( 1 ) of Regulation (EEC) No 447/68 shall be                — a safety factor not exceeding 0-45 when the
given by the Member State concerned to all                                degree of polarisation is 97 or above; or
applicants who satisfy or are considered capable of
satisfying the conditions set out in paragraph 1 for                  — a moisture content not exceeding 1-4% when
 the marketing year in question. The approval shall be                    the degree of polarisation is below 97.
 valid only for a specified marketing year. It shall be
 renewed for the following marketing year if the               The safety factor shall be determined by dividing the
 applicant can still be considered a specialised trader        percentage moisture content of the sugar in question
 for the marketing year in question. The person                by the difference between 100 and the degree of
concerned shall be advised of the renewal .                    polarisation of that sugar.
The approval shall be withdrawn if the person
 concerned is no longer able to satisfy the conditions
set out in paragraph 1 .                                                                 Article 4
                                                                1.      All sugar offered for intervention shall be in
3 . A Member State may impose further conditions               lots .
for the granting of approval.
                                                               2. For the purposes of this Regulation 'lot' means
The approval may be withdrawn if these conditions              a quantity of sugar of at least 300 metric tons and at
are not fulfilled .
                                                               most 1 000 metric tons of the same quality, having
                                                               the same type of packing and stored in the same
                                                               place.
                           TITLE II
                            Offers                                                       Article 5
                                                               1.       An offer made to the intervention agency shall
                          Article 3
                                                               indicate :
Sugar offered for intervention shall satisfy the               (a) the name and address of the offerer;
following criteria :
                                                               (b) the warehouse in which the sugar is stored at the
1 . it shall be in crystal form;                                      time the offer is made;
                                                               (c) the discharging capacity which is guaranteed for
2. in the case of white sugar, it shall be of sound and               the removal of the sugar offered ;
     fair marketable quality, free flowing, with a
     maximum moisture content of 0-06% ;                      (d) the net quantity of sugar offered ;
3 . in the case of raw sugar, it shall be of sound and         (e) the nature and quality of sugar offered ;
     fair marketable quality with a yield, calculated          (f) the type of packing;
     according to the provisions of Article 1 of
      Regulation (EEC) No 431/68,1 of not less than           (g) whether the offerer is prepared to conclude a
     89% .                                                           storage contract for the sugar offered .
                                                              2.       The intervention agency may demand further
1 OJ No L 89, 10.4.1968 , p. 3 .                              information.
 ---pagebreak--- 384                                 Official Journal of the European Communities
                         Article 6                             2.      The period of validity for a storage contract
                                                               shall not exceed :
1 . The offer shall be valid for a period of three             ( a) for offers accepted between 1 October and the
weeks from the date of its submission . It may                       following 30 June :
however be withdrawn during that period with the
consent of the intervention agency.                                  the period between acceptance of the offer and
                                                                     the following 30 September ;
2 . The intervention agency shall . examine the offer.         ( b ) for offers accepted between 1 July and the
It shall accept the offer not later than the end of the              following 30 September :
period referred to in paragraph 1 , indicating whether               the period between acceptance of the offer and
a storage contract is to be concluded.                               the end of the fourth month following that in
                                                                     which the offer was accepted .
The intervention agency shall however reject the
offer :                                                        However, the contracting parties may agree upon a
                                                               longer period of validity.
— if examination shows that one of the requisite
     conditions has not been fulfilled ; or                    3.     Notwithstanding paragraph 2,
— if the offerer has not declared his readiness to             (a) for all regions of Italy and . for the French
     conclude a storage contract and if the                          Department of Reunion, there shall be
     intervention agency considers such a contract                   substituted :
     necessary .
                                                                     — the date of 1 July, for 1 October;
For the purposes of this Regulation 'storage contract'               — the date of 31 March, for 30 June ;
means the contract referred to in Article 2 (2) of
Regulation (EEC) No 447/68 .                                          — the date of 30 June, for 30 September ;
                                                                     — the date of 1 April , for 1 July;
3.      The buying-in contract shall specify whether the
sugar bought in is loose or packed. If necessary it            ( b ) for the French Departments of Guadeloupe and
may moreover reserve the right for the intervention                  Martinique there shall be substituted :
agency to demand on removal one or more of the
types of packaging set out in Article 17 (2).                        — the date of 1 January, for 1 October;
                                                                     — the date of 30 September, for 30 June ;
4. The fcuying-in contract may be cancelled only
by common consent and before removal of the sugar.                   — the date of 31 December, for 30 September ;
                                                                     — the date of 1 October, for 1 July.
                                                               4. Storage costs shall be borne by the intervention
                                                               agency ' for the period from the beginning of the
                         TITLE III
                                                               ten-day period for the provisional payment for the
                                                               sugar to the expiry date of the storage contract.
                     Storage contracts
                                                               The storage costs shall be fixed at a flat rate of 0-017
                                                               units of account per 100 kilogrammes per ten-day
                         Article 7­                            period. The intervention agency may however
                                                               increase or decrease this amount by a maximum of
1.      The storage contract shall lay         down    in      35% .
particular :
                                                               5 . For the purpose of this Article, a 'ten-day
( a) the period for which the contract is concluded ;          period' means, -for each calendar month, one of the
(b ) the right of the intervention agency to cancel the        periods from 1 to 10, from 11 to 20 and from 21 to
                                                               the end of the month.
      contract subject to ten days' notice taking effect
      from the end of a ten day period ;
                                                                                        Article 8
(c) the amount of storage costs which are chargeable
      to the intervention agency;
                                                               1.      Transfer of the ownership of sugar which is the
(d) the obligation of the seller to load the sugar at          subject of a storage contract shall take place at the
      his own expense onto a means of transport                same time as the provisional payment for the sugar in
      indicated by the intervention agency.                    question.
 ---pagebreak---                                     Official Journal of the European Communities                                  385
2.    The seller shall remain responsible up to the            2.     One point shall correspond to :
time of removal for the quality of the sugar referred
to in paragraph 1 .                                            (a) 0-0018% ash "content determined according to the
                                                                     ICUMSA Method at 28° Brix;
                                                               (b) 0-5 units of colour type, determined according to
                        Article 9                                   the Brunswick Method;
If during the storage contract it is established that the      (c) 7-5 units of the solution colour determined
sugar does not fulfil the minimum quality                           according to the ICUMSA Method.
requirements set out in Article 3 , the seller shall
forthwith replace the quantity of sugar in question            3.     Grade 3     sugars shall have the following
with an equal quantity of sugar which does fulfil              characteristics :
those requirements.                                            ( a) sound, genuine and marketable quality, dry, in
                                                                     homogenously granulated crystals, flowing
                                                                    freely;
                                                               (b) minimum polarisation : 99*7% S ;
                        TITLE IV
                                                               ( c) maximum moisture content : 0-06% ;
                    Buying-in prices
                                                               ( d) maximum invert sugar content: 0-04% ;
                                                               (e) colour type : maximum No 6 determined
                       Article 10
                                                                     according to the Brunswick Method.
1.    White sugar shall be classified into four grades.        4.     Grade 4 shall include sugars not included in
                                                               Grades 1 to 3 .
2 . White sugar of the standard quality shall be
Grade 2 sugar.                                                                         Article 12
3.    Grade 1 sugars shall be of superior quality to           During the 1971 /72 and 1972/73 marketing years,
standard quality, those of Grades 3 and 4 shall be of          sugar which is the subject of a storage contract and is
inferior quality to the standard quality.                      located in a warehouse for which the seller is not
                                                               responsible may still be classified, at the time of
                                                               removal, by the intervention agency in Grades 1 to 4,
                       Article 11'                             as appropriate, where moisture content exceeds
                                                               0-06% but does not exceed 0-08% .
1.    Grade 1 sugars shall have the following
characteristics :
                                                                                       Article 13
(a) sound and fair marketable quality, dry, in
     homogenously granulated crystals, free-flowing ;          The      intervention   price    applicable  per   100
                                                               kilogrammes of white sugar shall be :
(b) maximum moisture content of 0-06% ;
(c) maximum invert sugar content of 0-04% ;
                                                               1 . increased by 0-60 units of account for Grade 1
                                                                   sugar ;                        ,
(d) in addition, Grade 1 sugars shall have such
                                                               2. reduced by 0-50 units of account for Grade 3
     characteristics that the number of points
                                                                   sugar ;
     determined in accordance -with paragraph 2 shall
     not exceed a total of 8, nor,                             3 . reduced by 0-90 units of account for Grade 4
                                                                   sugar.
     — 6 for the ash content ;
     — 4 for the colour type determined according to                                   Article 14
         the method of the Brunswick Institute for
        'Agricultural Technology, hereinafter called           1 . The intervention price applicable per 100
         the 'Brunswick Method';                               kilogrammes of raw sugar shall be adjusted by :
    — 3 for the colour of the solution determined
                                                               ( a) an increase, where the yield of the sugar
         according to the method of the International                concerned is more than 92% ;
         Commission for Uniform Methods of Sugar
         Analysis, hereinafter called the 'ICUMSA              ( b) a reduction, where the yield of the sugar
         Method '.                                                  concerned is less than 92% .
 ---pagebreak--- 386                                 Official Journal of the European Communities
2. The amount of the increase or reduction,                         payment, any amount received which was not
 expressed in units of account per 100 kilogrammes,                 due at the time of the provisional payment
shall be equal to the difference between the yield of               referred to in paragraph 2.
the raw sugar concerned and 92% , multiplied by 0-02
for each 0*1% .                                                The deposit shall be released forthwith.
3.     The yield of raw sugar shall be calculated in
 accordance with the provisions of Article 1 of                                         TITLE V
 Regulation (EEC) No 431 /68 .
                                                                                       Removal
                       ■ Article 15
                                                                                       Article 16
 1.    Where no storage contract is concluded,
payment for the sugar bought in shall take place               1.    Unless     otherwise     agreed    between    the
within eight weeks from the date of submission of the          intervention agency arid the seller, the sugar shall
offer.                                                         remain until removed in the warehouse in which it
                                                               was stored at the time of the offer.
If however, at the end of this period, the contracting
parties have not received the final results of the             2.    Removal shall take place in the presence of the
analyses of the samples referred to in Article 18, a           seller or of his representative.
provisional payment shall be made forthwith equal to
95% of the value established on the basis of the
quantity of sugar taken over and of the buying-in              3 . For its removal from the warehouse, the sugar
price in question, increased where appropriate by the          bought in shall be loaded by the seller onto a means
costs of packing.                                              of transport selected by the intervention agency.
                                                               4.    Where the sugar bought in is not the subject of
2.    Where a storage contract has been concluded,             a storage contract, its collection shall take place
the intervention agency shall, within eight weeks              within a maximum period of seven weeks from the
from the date of submission of the offer, make a               day the offer was submitted.
provisional payment of an amount established on the
basis of the information appearing in the offer and of
the buying-in price in question, increased where               5 . Where the sugar bought in is the subject of a
                                                               storage contract, its removal shall take place no later
appropriate by the costs of packing.
                                                               than the day on which that contract expires . By
This payment shall be subject to the lodging by the            agreement with the storer, however, the intervention
seller of a deposit equal to 5% of the amount                  agency may provide that removal shall take place
involved, as a guarantee of the correctness of the             after the date on which that contract expires .
information in the offer.
                                                               In that case, the intervention agency :
3 . The intervention agency shall pay the balance of           — at its own expense and before the expiry of the
the payment as soon as the final results of the weight             storage contract, shall arrange for the experts
checking and analyses of the samples are known.                    referred to in Article 18 to collect samples as set
                                                                   out in the same Article and to check weights ;
Where the results of the weight checking and the
final results of the analyses of the samples differ from       — shall settle the balance of the payment in
the information given in the offer, this shall be taken            accordance with the provisions of Article 15 (3.);
into account in settlement of the balance, in
                                                               — on application by the seller, may agree that the
accordance particularly with the provisions of                     obligation to load the sugar bought in shall be
Articles- 13 and 14.
                                                                   discharged by the payment of the costs relating
                                                                   thereto . These costs shall be determined on the
4. Except in cases . of force majeure, the deposit                 basis of the rates in force on the date of expiry
referred to in paragraph 2 shall be released only in so            of the storage contract.                    »
far as :
(a) the final results of the weight checking and of the                                Article 17
     analyses do not lead to a reduction in the price of
     the sugar bought in ;
                                                               1 . Subject to the application of the provisions of
(b) the seller refunds, within a period of three weeks         paragraphs 2 to 4, the sugar bought in shall be made
     from the day of receipt of the request for                available in bulk by the seller.
 ---pagebreak---                                        Official Journal of the European Communities                                     387
2. The intervention agency may require the sugar                  Each sample shall be analysed twice and the mean of
bought in to be made available in one or more of the              the results shall be taken as the result of the analysis
following types of packing :                                      of the sample in question.
( a) new jute bags of a minimum weight of 700
       grammes, with a content of 100 kilogrammes net;            2. In the event of a dispute between the
 ( b ) bags with a content of 50 kilogrammes net:                 contracting parties over the grade of the bought-in
                                                                  sugar the following rules shall apply :
        ( aa ) new jute bags of a minimum weight of 450
               grammes lined inside with polyethylene of a        ( a) where the difference between the results of the
               minimum thickness of 0-04 mm ;                           analyses arranged by the seller and the buyer is :
       ( bb) bags made of 4 'Kraft' paper bags weighing                 — for Grade 1 sugar, not greater than 1 point
               at least 70 grammes per square metre for                      for each of the characteristics referred to in
               each bag, with an intervening lining of                       Article 11 ( 1 ) (d), or
               polyethylene of a minimum thickness of
               0-04 mm;                                                — for Grade 2 sugar, not greater than 2 points
                                                                             for each of the characteristics used for the
        (cc) bags consisting of 5 'Kraft' paper bags                         definition of that grade, in so far as it
               bitumen lined or otherwise,                                   concerns characteristics that are determined
               — each sack weighing at least 65 grammes                      by points,
                   per square metre, and
                                                                        the arithmetic mean of the two results shall be
               — of a total weight of at least 335                      conclusive for establishing the grade of the sugar
                   grammes per square metre for the five                in question.
                   bags together.
                                                                        However, at the request of one of the contracting
3 . Where the intervention agency requires one or                       parties, an arbitral analysis shall be carried out
more of the types of packing provided for in                            by the laboratory referred to in paragraph 1 . In
paragraph 2, it shall bear the costs relating to such                  that case, the arithmetic mean shall be taken of
packing. The intervention agency shall, moreover,                       the results of the arbitral analysis and the results
inform the seller in good time before removal, of the                   of the seller's or buyer's analysis, whichever is
type or types of packing required.                                      closer to the result of the arbitral analysis. This
                                                                       mean shall1 be conclusive for establishing the
These costs are fixed at a flat rate per 100                            grade of the sugar in question. If the result of the
kilogrammes as follows :                                               arbitral analysis lies midway between the results
(a) 0*60 unit of account for the type of packing                       of the analyses arranged by the seller and the
        described in paragraph 2 ( a);                                  buyer, the arbitral analysis alone shall be
                                                                        conclusive for establishing the grade of the sugar
(b) 0-80 unit of account for the type of packing                        in question ;
       described in paragraph 2 (b) and (aa);
(c) 0-43 unit of account for the type of packing                   (b) where the difference observed is greater than that
        described in paragraph 2 (b) and (bb);                         indicated under the first or second indent of (a)
(d) 0-40 unit of account for the type of packing                        above as the case may be an arbitral analysis
        described in paragraph 2 (b) and (cc).                          shall be carried out by a laboratory approved by
                                                                        the competent authorities. In that case the
4.        The intervention agency may accept delivery of               provisions of the second subparagraph of (a)
the sugar in a type of packing other than those set                     shall be followed;
out in paragraph 2. In that case, the intervention
agency shall not bear the costs relating thereto.                 ( c) for disputes over the maximum limit for the
                                                                        colour type of sugar in Grade 3 , polarisation,
                                                                        moisture content or invert sugar content, the
                           Article IS
                                                                       same procedure shall be followed as in (a) and
                                                                        (b ). However, the differences set out in (a) shall
 1 . At the time of removal, four samples shall be                      be replaced by:
taken for analysis either by experts approved by the
competent authorities of the Member State concerned                     — 1-0 units of colour type for Grade 3 sugar;
or by experts agreed upon by the intervention agency
 and the seller. There shall be one sample for each of                  — 0-2 S for polarisation ;
the contracting parties. The other two samples shall                    — 0-02% for moisture content;
be kept by the expert or by a laboratory approved
by the competent authorities.                                           — 0-01% for invert sugar content.
 ---pagebreak---   388                                 Official Journal of the European Communities
  3.     The costs of an arbitral analysis :                                              TITLE VI
  ( a ) under 2 (a) second subparagraph , shall be borne                               Final provisions
        by the contracting party requesting the analysis ;
                                                                                          Article 21
  (b) under 2 (b ), shall be shared equally by the
        intervention agency and the seller.                       1.     Regulation (EEC) No 782/68 is hereby repealed .
                                                                 It shall, however, continue to apply to operations
                                                                 connected with offers of sugar for intervention which
                          Article 19                             were accepted during the period of validity of that
                                                                 Regulation.
  1 . Without prejudice to the provisions of Article             2.      The following amendments shall be made :
  16 (5 ), the experts referred to in Article 18 shall, at
  the time of removal, check the weight of the sugar             ( a) in Article 1 of Regulation ( EEC) No 1265 /69 , the
  sold .                                                               words 'Regulation (EEC) No 1280/71 ' shall be
                                                                        substituted for the words 'Regulation (EEC) No
                                                                       782/68 ';
  2. The costs of checking the weight shall be borne
  by the seller.                                                 ( b ) in Article 13 of Regulation (EEC) No 1987/69,
                                                                       the words 'Article 18 of Regulation ( EEC) No
                                                                        1280/71 ' shall be substituted for the words
                                                                       'Article 15 of Regulation (EEC) No 782/68 ';
                          Article 20
                                                                  ( c) in Article 14 ( 1 ) and (3 ) of the Regulation
  1 . The seller shall take the necessary measures to                  referred to in (b), the words 'Article 18 of
  permit the experts referred to in Article 18 to check                Regulation (EEC) No 1280/71 ' shall be
  the weight and to take samples.                                      substituted   for   the   words   'Article 15   of
                                                                       Regulation (EEC) No 782/68 '.    '
  2.     The costs of the experts who check the weight                                    Article 22
' and take samples shall be borne by the intervention
  agency .                                                       This Regulation shall enter into force on 1 July 1971 .
                This . Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 18 June 1971 .
                                                                                   For the Commission
                                                                                       The President
                                                                                  Franco M. MALFATTI