31971R1492

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 quantity to a level higher than that previously fixed ; Having regard to Council Regulation No 120/67/EEC 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 Member States so that intervention agencies may (EEC) No 2434/70 (2), and in particular Article 7(5 ) thereof, take account, temporarily, of pre-existing conditions and practices of the wholesale trade in those countries ; Whereas intervention prices were fixed for a specific standard quality and whereas provision was made Whereas the conditions governing offers to for price increases and reductions in respect of cereals intervention agencies and taking over by them should offered of other than standard quality ; be as uniform as possible in the Community in order to avoid any discrimination between producers ; Whereas the procedure and conditions for the taking whereas, however, Member States might usefully over of cereals by intervention agencies have been apply, concurrently with this Regulation, those of fixed for each marketing year; whereas sufficient their provisions which are suited to their own experience has been acquired since the introduction climatic conditions and in particular to trade of the common organization of markets to permit of practices ; the fixing of such procedure and conditions for an indefinite period beginning with the 1971/72 Whereas the maximum moisture content of cereals marketing year ; offered for intervention should be reduced with a view to improving storage conditions ; whereas , Whereas cereals of inadequate quality for use or however, this decrease should for certain cereals be storage should not be accepted for intervention; phased over a period of time to enable those whereas, in fixing the minimum quality, the diversity concerned to adjust their operations accordingly ; of climatic conditions in the different regions of the 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

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 3 . By way of derogation from paragraph 2 it may marketable quality if they are of the typical colour 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 3 . The price to be paid to the seller shall be that 6% for common wheat and durum wheat, 8% fixed, in accordance with Article 2 of Council for rye, maize and barley ; however, these Regulation No 132/67/EEC of 13 June 1967 laying percentages may be reduced by the intervention down general rules for intervention on the market agencies ; 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 the seller and the intervention agency. — for common wheat and durum wheat the 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 ,

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 existing in the Member State to which they relate ; 4. The seller and the intervention agency may be in particular, they may request periodic stock returns. represented by their respective agents.

Article 6 5 . The definitions given in the first and second 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 .