Commission Regulation (EEC) No 290/78 of 13 February 1978 amending Regulation (EEC) No 743/70 fixing the maximum tolerance for quantity losses resulting from the storage of cereals by intervention agencies

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Commission Regulation (EEC) No 290/78 of 13 February 1978 amending Regulation (EEC) No 743/70 fixing the maximum tolerance for quantity losses resulting from the storage of cereals by intervention agencies Official Journal L 043 , 14/02/1978 P. 0007 - 0007 Greek special edition: Chapter 03 Volume 20 P. 0086 Spanish special edition: Chapter 03 Volume 13 P. 0248 Portuguese special edition Chapter 03 Volume 13 P. 0248

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( 1 ) OJ NO L 105 , 2 . 5 . 1969 , P . 4 .

( 2 ) OJ NO L 66 , 12 . 3 . 1977 , P . 3 .

( 3 ) OJ NO L 90 , 24 . 4 . 1970 , P . 29 .

COMMISSION REGULATION ( EEC ) NO 290/78

OF 13 FEBRUARY 1978

AMENDING REGULATION ( EEC ) NO 743/70 FIXING THE MAXIMUM TOLERANCE FOR QUANTITY LOSSES RESULTING FROM THE STORAGE OF CEREALS BY INTERVENTION AGENCIES

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 787/69 OF 22 APRIL 1969 ON THE FINANCING OF INTERVENTION EXPENDITURE IN RESPECT OF THE INTERNAL MARKET IN CEREALS AND RICE ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 496/77 ( 2 ), AND IN PARTICULAR ARTICLE 4 ( 2 ) ( C ) THEREOF ,

WHEREAS REGULATION ( EEC ) NO 787/69 PROVIDES THAT , ABOVE A MAXIMUM TOLERANCE , THE VALUE OF QUANTITY LOSSES OVER AND ABOVE A CERTAIN TOLERANCE IS TO BE BORNE BY THE INTERVENTION AGENCIES ; WHEREAS QUANTITY LOSSES RELATE TO BOTH THE QUANTITIES TAKEN OVER IN THE RELEVANT MARKETING YEAR AND QUANTITIES IN STOCK AT THE BEGINNING OF THAT YEAR ;

WHEREAS THIS TOLERANCE HAS BEEN FIXED BY COMMISSION REGULATION ( EEC ) NO 743/70 OF 23 APRIL 1970 FIXING THE MAXIMUM TOLERANCE FOR QUANTITY LOSSES RESULTING FROM THE STORAGE OF CEREALS BY INTERVENTION AGENCIES ( 3 );

WHEREAS , HOWEVER , ACCOUNT MUST BE TAKEN OF THE SPECIFIC CONDITIONS WHICH ARISE FOLLOWING THE HOMOGENIZATION AND REFRIGERATION OF CEREALS STORED IN INTERVENTION , AS SUCH TREATMENTS RESULT IN ADDITIONAL QUANTITY LOSSES ;

WHEREAS THE SIMPLEST WAY TO EXPRESS THE MAXIMUM TOLERANCE WHICH IS TO BE FIXED IS AS A PERCENTAGE ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR CEREALS ,

HAS ADOPTED THIS REGULATION :

Article1¶

A SECOND PARAGRAPH AS FOLLOWS IS ADDED TO THE SOLE ARTICLE OF REGULATION ( EEC ) NO 743/70 :

' HOWEVER , THE MAXIMUM TOLERANCE REFERRED TO IN THE FIRST PARAGRAPH SHALL BE 13 % IN THE CASE OF CEREALS TREATED BY REFRIGERATION AND AT 25 % IN THE CASE OF TREATMENT BY HOMOGENIZATION . '

Article2¶

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY WITH EFFECT FROM 1 JANUARY 1973 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 13 FEBRUARY 1978 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT