CELEX: 31969R1403
Language: en
Date: 1969-07-18 00:00:00
Title: Regulation (EEC) No 1403/69 of the Commission of 18 July 1969 laying down detailed rules for the application of the provisions concerning denaturing of common wheat and rye of bread-making quality

Official Journal of the European Communities                                   345
22.7.69                              Official Journal of the European Communities                           No L 180/3
                            REGULATION (EEC) No 1403/69 OF THE COMMISSION
                                                     of 18 July 1969
               laying down detailed rules for the application of the provisions concerning denaturing
                                  of common wheat and rye of bread-making quality
THE    COMMISSION       OF   THE     EUROPEAN      COM­         application     of   this    method    throughout    the
MUNITIES,                                                       Community;
Having regard to the Treaty establishing the                    Whereas, in order to allow more undertakings to
European Economic Community;                                    make use of denaturing by admixture, the minimum
                                                                quantity of 60 metric tons for thirty days previously
Having regard to Council Regulation No                          fixed for denaturing by admixture should be reduced ;
120/67/EEC1 of 13 June 1967 on the common                       whereas, however, either a daily or a monthly
organisation of the market in cereals, as last amended          minimum should be maintained, in order that
by Regulation (EEC) No 1396/69,2 and in particular              quantity conditions may be in keeping with the
Article 7 (5 ) thereof;                                         facilities for supervision existing in Member States;
Whereas denaturing is intended to support the                   Whereas difficulties, in particular of a technical
market for products unable to find their normal                 nature, occurring during the denaturing process may
outlets; whereas it should be used only to the extent           prevent a denaturer from reaching the minimum
necessary to support the market in cereals of                   quantity fixed in pursuance of Article 3 of Regulation
bread-making quality; whereas common wheat and                  No 172/67/EEC; whereas, these difficulties being
rye whose natural characteristics are such that they            beyond his control, the premium for the quantity of
cannot in any case be used except as fodder should              cereals which he has actually denatured should in
therefore not be supported; whereas, therefore, in              such cases be paid to him;
order to exclude these cereals, quality criteria for
denaturing should be determined in accordance with              Whereas the measures provided for in this Regulation
Article 3 of Council Regulation No 172/67/EEC3 of               are in accordance with the Opinion of the
27 June 1967 on general rules governing the                     Management Committee for Cereals;
denaturing of wheat and rye of bread-making quality,
as last amended by Regulation (EEC) No 2096/684;                HAS ADOPTED THIS REGULATION:
whereas in fixing these criteria particular account
should be taken of climatic differences in the various
                                                                                         Article 1
regions of the Community;
Whereas the amount of the premium granted for                   The standard method of denaturing common wheat
denaturing common wheat should be so calculated                 and rye of bread-making quality provided for in
that placing denatured common wheat on the market               Article 2 (2) of Regulation No 172/67/EEC shall be
                                                                as described in Annex I.
does not disturb the market in barley, with which it
becomes competitive; whereas this premium should,               In the case of denaturing by colouring, the standard
moreover, enable the costs incurred by denaturing to            method only shall be used.
be covered whatever method is used;
                                                                In the case of denaturing otherwise than by
Whereas experience shows that it is advisable to                colouring, the njeans used must be at least as reliable
maintain, as a standard method, the method of                   as the standard method.
denaturing previously used and, in the case of
denaturing by colouring, to ensure uniform                                               Article 2
1 OJ No 117, 19.6.1967, p. 2269/67.                             Cereals denatured by intervention agencies or
2 OJ No L 179, 21.7.1969, p. 5.                                 qualifying for a denaturing premium shall be of
3 OJ No 130, 28.6.1967, p. 2602/67.                             sound and fair marketable quality. For acceptance as
4 OJ No L 308, 23.12.1968, p. 12.                               sound and fair marketable quality for the purposes of
 ---pagebreak---  346                                   Official Journal of the European Communities
 this Regulation, the cereals shall be free from odour            increase shall be calculated by applying the
 and :                                                            percentages shown in Annex II to the basic
                                                                  intervention price for common wheat valid at the
 ( a) have a specific weight, in the case of common               beginning of the marketing year.
       wheat, of not less than a weight fixed by the
       intervention agencies at between 70 and 73 kg/hi,
       according to region ;                                      3 . The granting of a denaturing premium shall be
                                                                  subject to supervision by the intervention agency of
 ( b ) have a specific weight, in the case of rye, of at          the process of denaturing of common wheat, or of its
       least 66 kg/hi;                                            admixture, unaltered, with compound feeding-stuffs
                                                                  falling within heading No 23.072 of the Common
 ( c) have a moisture content in the case of common               Customs Tariff. The duration of the denaturing
       wheat of between 14 and 18% , according to                 process shall not exceed one day per 40 metric tons
       region, and in the case of rye of 18% ;                    of cereals processed.
 (d) contain a percentage not exceeding:                          The duration of the process of admixture, unaltered,
       — 8% of sprouted grains,                                   with compound feeding-stuffs shall not exceed thirty
                                                                  days per 50 metric tons or one working day of eight
       — 3% of other cereals,                                     hours per 20 metric tons of cereals processed. The
       — 3% of various impurities,                                intervention agency of each Member State shall
                                                                  decide which of these two minimum quantities shall
       the sum of these components not to exceed 10% .            be applied to the processes under their supervision.
                          Article 3                                                       Article 5
 Common wheat and rye of bread-making quality                     The denaturing premium shall be paid only if the
shall after denaturing be disposed of by intervention             conditions laid down in Article 4 (3 ) are fulfilled. If,
 agencies in accordance with the conditions laid down            however, as a result of a technical difficulty giving
in Article 3 of Regulation No 132/67/EEC1 of 13                   rise to an interruption of the process recorded under
June 1967 laying down general rules for intervention             the supervision . provided for in that paragraph the
on the market in cereals.                                        minimum quantity for the day has not been
                                                                  denatured or admixed, the denaturing premium shall
                          Article 4                               be paid on the quantity actually denatured or
                                                                 admixed during that day.
1 . The denaturing premium shall consist of two
components, namely :                                                                      Article 6
— one allowing for the differences between prices
      for common wheat and for barley,                           Commission Regulation (EEC) No 956/68 3 of 12 July
                                                                  1968 laying down further detailed rules for the
— the other allowing for the technical costs of                   application of the provisions for denaturing common
      denaturing or the special costs of admixture, fixed        wheat and rye of bread-making quality, as amended
      at a flat rate.
                                                                 by Regulation (EEC) No 2086/68,4 is hereby
                                                                 repealed.
2.      When common wheat to be denatured has a
specific weight exceeding 77 kg/hi the denaturing                This Regulation shall enter into force on 1 August
premium shall be increased. The amount of such an                1969 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 18 July 1969.
                                                                                     For the Commission
                                                                                         The President
                                                                                           Jean REY
1 OJ No 120, 21.6.1967, p. 2364/67.                              2 See Customs Co-operation Council, Explanatory Notes
                                                                    to the Brussels Nomenclature, Volume I, Section IV,
                                                                    heading No 23.07, p. 159.
                                                                 3 OJ No L 164, 13.7.1968, p. 9.
                                                                 4 OJ No L 307, 21.12.1968, p. 13.
 ---pagebreak---                               Official Journal of the European Communities                                          347
                                                    ANNEX 1
          Standard method for denaturing common wheat and rye of bread-making quality
 1. Dissolve either 30 grammes of colouring matter of 85% concentration or 51 grammes of
     colouring matter of 50% concentration of Patented Blue V (Schultz No 826, EEC No E 131)1
     in at least 2-5 litres and at most 3 litres of pure water.
 2. Colour 100 kilogrammes of wheat from the quantity to be denatured with the amount of
     solution prepared in accordance with paragraph 1.
3. Mix 80 kilogrammes of cereals to be denatured with at least 20 kilogrammes of grains
     coloured as indicated in 2, so that they are uniformly dispersed in the total mass.
1 The definition of Patented Blue V is given in the Council Directive on the approximation of rules of Member
   States on colouring matters for use in foodstuffs intended for human consumption (OJ No 115 of 11.11.1962,
   p. 2645/62).
   Patented Blue V of 50% concentration is marketed in the Federal Republic of Germany as 'Lebensmittelblau Nr. 3'.
                                                   ANNEX 11
                             Percentage increase for differences in specific weight
              Specific weight of common wheat to the hectolitre                     Percentage increase
                                   (in kg/hi)
                                77-001 — 78                                                0-50
                                78-001 — 79                                                1-00
                                79-001 — 80                                                1-50
                               more than 80                                                2-00