Commission Regulation (EC) No 670/2009 of 24 July 2009 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards public intervention by invitation to tender for the purchase of durum wheat or paddy rice, and amending Regulations (EC) No 428/2008 and (EC) No 687/2008
Modified by
- Commission Regulation (EU) No 1272/2009of 11 December 2009laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention, 32009R1272, December 29, 2009
Corrected by
- Corrigendum to Commission Regulation (EC) No 670/2009 of 24 July 2009 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards public intervention by invitation to tender for the purchase of durum wheat or paddy rice, and amending Regulations (EC) No 428/2008 and (EC) No 687/2008, 32009R0670R(01), March 25, 2010
(a) a storage capacity of at least 20000 tonnes for durum wheat or10000 tonnes for rice, for all storage premises at that centre;(b) a minimum stock exit capacity to allow, for each storage site, the removal of at least 5 % of the quantity stored per working day, or 1000 tonnes for durum wheat and 500 tonnes for rice.
(a) the name of the product, with its CN code; (b) the dates of the tenders; (c) the deadline (date and time) for the submission of bids; (d) the closing date of the tendering period; (e) the Member State(s) or region(s) concerned, in the event of the second subparagraph of Article 18(2) of Regulation (EC) No 1234/2007 applying.
(a) a form supplied by the Member States, based on a harmonised model produced by the Commission and meeting the conditions laid down in Article 24, including, at least, the following information: (i) the name of the bidder; its address and VAT registration number in the Member State in which it performs its main activity, or its farm registry number; (ii) the product offered, indicating, in the case of rice, the type and variety; (iii) the place where the product is stored at the time that the bid is submitted; (iv) the storage facilities at the intervention centre for which the bid is made at the lowest price; (v) the quantity offered, the year in which the product offered was harvested, an indication of its Community origin and the Community area of production; (vi) the price proposed per tonne for merchandise corresponding to the minimum quality for durum wheat or the standard quality for rice, sent to the storage facility at the designated intervention centre, and not unloaded, and expressed in EUR to a maximum of two decimal points. This price shall not exceed the reference price referred to in Article 8(a) of Regulation (EC) No 1234/2007 in respect of durum wheat or the reference price referred to in Article 8(b) of the same Regulation in the case of paddy rice; (vii) for rice, the pesticide treatments carried out after harvest, specifying the doses used; (viii) the main characteristics of the product offered;
(b) the following documents are to be enclosed: (i) evidence that the bidder has lodged a security of EUR 30 per tonne for durum wheat or EUR 50 per tonne for paddy rice, prior to the deadline for submission of bids; this security may be lodged in the Member State where the bidder conducts its main activity if it submits a bid in another Member State; (ii) a declaration from the bidder confirming that the quantities offered are situated in the storage facilities referred to in point (a)(iii) of this paragraph; (iii) a declaration from the bidder to the effect that the bid relates to a homogenous batch, and that, with regard to rice, this batch consists of paddy rice of the same variety and that the minimum quantities are those laid down in the call for tender published by the intervention agency.
(a) within 30 days of take-over, the intervention agency shall itself conduct an inspection involving at least a volumetric check; any difference between the quantity determined by weighing and the quantity estimated in accordance with the volumetric method must not exceed 5 %; (b) where the tolerance is not exceeded, the storekeeper shall bear all costs relating to any quantities missing, at a later weight check, compared to the weight entered in the accounts on take-over; (c) where the tolerance is exceeded, weighing shall take place forthwith. The cost of weighing shall be borne by the storekeeper if the weight determined is less than that recorded, or by the Member State if it is more.
Part A: Standard method for determining matter other than basic cereals of unimpaired quality, Part B: Standard method for determining the moisture content of durum wheat, Part C: Standard method for determining the rate of loss of vitreous aspect of durum wheat, Part D: Other methods applicable to determining the quality of durum wheat.
(a) analyses of contaminants; (b) the amylasic activity (Hagberg) test; (c) the determination of the protein content; (d) the withdrawal of the products if the tests have shown that the durum wheat offered does not meet the minimum quality required for intervention.
(a) it meets the criteria set out in Annex III, Part A, with regard to the base milling yield of the rice, and in Annex III, Part B, with regard to the maximum percentage of defects permissible; (b) its moisture content does not exceed 14,5 %; (c) it is free of odour and does not contain live insects; (d) the level of radioactivity does not exceed the maximum levels permitted by Community legislation.
(a) the bidder; (b) the store where the take-over is to take place; (c) the intervention agency.
(a) the number of samples taken to make up the representative sample; (b) the date(s) on which the quantity and characteristics of the batch were checked; (c) the weight delivered and the variety of the rice; (d) the characteristics of the batch as indicated by the tests; (e) the body responsible for the tests.
(a) the total quantities corresponding to the bids accepted pursuant to Article 8; (b) the total quantities corresponding to the bids cancelled pursuant to the second subparagraph of Article 5(2); (c) the total quantities accepted but not delivered within the deadlines set out in Article 10; (d) the total quantities not meeting the minimum characteristics required for take-over; (e) the total quantities taken over.
(a) on the intervention agencies approved in accordance with Article 1; and (b) on the intervention centres approved in accordance with Article 2, and their storage premises.
1. in Article 1, the first subparagraph is replaced by the following: "During the periods referred to in the first subparagraph of Article 11(1) of Regulation (EC) No 1234/2007, any holder of a homogeneous batch of not less than 80 tonnes of common wheat, barley, maize or sorghum, harvested within the Community, shall be entitled to offer these cereals to the paying agency or intervention agency (hereinafter both referred to as the "intervention agency")."; 2. in the first subparagraph of Article 4(2), point (a) is replaced by the following: "(a) for common wheat, those established under Regulation (EEC) No 315/93, including the requirements regarding the Fusarium-toxin level for common wheat laid down in points 2.4 to 2.7 of the Annex to Commission Regulation (EC) No 1881/2006 OJ L 364, 20.12.2006, p. 5 ."
----------------------OJ L 364, 20.12.2006, p. 5 ."3. Article 5(h) is deleted; 4. Article 7(2)(c) is replaced by the following: "(c) determination of the protein content of common wheat;";
5. Article 10 is amended as follows: (a) points (c) and (d) are replaced by the following: "(c) where the percentage of broken grains exceeds 3 % for common wheat and barley, and 4 % for maize and sorghum, a reduction of EUR 0,05 shall be applied for each additional 0,1 percentage point; (d) where the percentage of grain impurities exceeds 4 % for maize and sorghum, and 5 % for common wheat and barley, a reduction of EUR 0,05 shall be applied for each additional 0,1 percentage point;";
(b) point (f) is replaced by the following: "(f) where the percentage of miscellaneous impurities (Schwarzbesatz) exceeds 1 % for common wheat, barley, maize and sorghum, a reduction of EUR 0,1 shall be applied for each additional 0,1 percentage point;";
(c) point (g) is deleted;
6. in Annex I, the "Durum wheat" column is deleted; 7. Annex II is amended as follows: (a) point 1.2 is amended as follows: (i) the first subparagraph of point (a) is replaced by the following: "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, shall be considered as shrivelled grains: common wheat 2,0 mm, barley 2,2 mm."; (ii) in point (d), the second subparagraph is deleted;
(b) point 1.3 is replaced by the following: "1.3. Sprouted grains Sprouted grains are those in which the radicle or 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 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."; (c) point 2.1 is deleted;
8. point 1 of Annex III is amended as follows: (a) the first subparagraph is replaced by the following: "For common wheat and barley, an average sample of 250 g shall be passed through two sieves, one with slotted perforations of 3,5 mm and the other with slotted perforations of 1,0 mm, for half a minute each."; (b) the seventh subparagraph is replaced by the following: "The partial sample shall be passed for half a minute through a sieve with a mesh size of 2,0 mm for common wheat and 2,2 mm for barley. Matter which passes through this sieve shall be considered as shrivelled grains. Grains damaged by frost and unripe green grains belong to the "shrivelled grains" group.";
9. Annex VI is deleted.
(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, shall be considered as shrivelled grains: durum wheat: 1,9 mm. "shrivelled grains" means grains which, after elimination of all other matter referred to in this Annex, pass through sieves with apertures of 2,0 mm. In addition, grains damaged by frost and unripe grains (green) belong to this group; (b) Other cereals: All grains which do not belong to the species of grain sampled; (c) Grains damaged by pests: Grains which have been nibbled. Bug-ridden grains also belong to this group; (d) Grains in which the germ is discoloured, mottled grains, grains affected with fusariosis: Grains in which the germ is discoloured are those of which the tegument is coloured brown to brownish black and of which the germ is normal and not sprouting. For durum wheat: grains which show a brown to brownish black discoloration elsewhere than on the germ itself shall be considered as mottled grains, grains affected with fusariosis are grains whose pericarp is contaminated with Fusarium mycelium; such grains look slightly shrivelled, wrinkled and have pink or white diffuse patches with an ill-defined outline;
(e) Grains overheated during drying are those which show external signs of scorching but which are not damaged grains.
(a) Extraneous seeds: Extraneous seeds are seeds of plants, whether or not cultivated, other than cereals. They include seeds not worth recovering, seeds which can be used for livestock and noxious seeds. "Noxious seeds" means seeds which are toxic to humans and animals, seeds hampering or complicating the cleaning and milling of cereals and seeds affecting the quality of products processed from cereals; (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. Damaged grains also include grains damaged by spontaneous heat generation or too extreme heating during drying. 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. Grains attacked by wheat-midge shall be considered 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 then half the surface of the grain, they 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 3,5 mm (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 1,0 mm shall be considered extraneous matter. Also included are stones, sand, fragments of straw and other impurities in the samples which pass through a sieve with apertures of 3,5 mm and are retained by a sieve with apertures of 1,0 mm; (d) husks; (e) ergot; (f) decayed grains; (g) dead insects and fragments of insects.
| of which: | |
| of which: | |
| — grains affected with fusariosis | |
| of which: | |
| — noxious | |
| — other | |
| — grains damaged by spontaneous heating or too extreme heating during drying | |
| — other | |
| — | |
| — |
(a) sample separator, e.g. a conical or grooved apparatus; (b) precision or assay balance; (c) sieves with slotted perforations of 1,0 mm, 1,8 mm, 1,9 mm, 2,0 mm, 2,2 mm and 3,5 mm and sieves with a 1,8 mm and 4,5 mm round mesh. The sieves may be fitted to a vibrating table.
| E | = | the initial mass, in grams, of the test sample |
| M | = | the mass, in grams, of the test sample after preparation |
| M′ | = | the mass, in grams, of the test sample after crushing |
| m | = | the mass, in grams, of the dry test sample |
without previous preparation (E – m) × 100/E, with previous preparation [(M′ – m)M/M′ + E – M] × 100/E = 100 (1 – Mm/EM′)
Pohl grain cutter or equivalent instrument, tweezers, scalpel, tray or dish.
| I | = | mass, in grams, of matter other than basic cereals of unimpaired quality, and |
| M | = | percentage of cleaned grains examined which have been subject to total or partial piebalding |
| Name of variety | ||
|---|---|---|
| Argo, Selenio, Couachi | ||
| Alpe, Arco, Balilla, Balilla GG, Balilla Sollana, Bomba, Bombon, Colina, Elio, Flipper, Frances, Lido, Riso, Matusaka, Monticili, Pegonil, Sara, Strella, Thainato, Thaiperla, Ticinese, Veta, LEDA, Mareny, Clot, Albada, Guadiamar | ||
| Ispaniki A, Makedonia | ||
| Bravo, Europa, Loto, Riva, Rosa Marchetti, Savio, Veneria | ||
| Tolima | ||
| Inca | ||
| ALFA, Ariete, Bahia, Carola, Cigalon, Corallo, Cripto, Cristal, Drago, Eolo, Girona, Gladio, Graldo, Indio, Italico, Jucar, Koral, Lago, Lemont, Mercurio, Miara, Molo, Navile, Niva, Onda, Padano, Panda, Pierina, Marchetti, Ribe, Ringo, Rio, S. Andrea, Saturno, Senia, Sequial, Smeraldo, Star, Stirpe, Vela, Vitro, Calca, Dion, Zeus | ||
| Strymonas | ||
| Anseatico, Baldo, Belgioioso, Betis, Euribe, Italpatna, Marathon, Redi, Ribello, Rizzotto, Rocca, Roma, Romanico, Romeo, Tebre, Volano | ||
| Bonnet Bell, Rita, Silla, Thaibonnet, L 202, Puntal | ||
| Evropi, Melas | ||
| Arborio, Blue Belle, Blue Belle "E", Blue Bonnet, Calendal, Razza 82, Rea | ||
| Maratelli, Precoce Rossi | ||
| Carnaroli, Elba, Vialone Nano | ||
| Axios | ||
| Roxani | ||
| Pygmalion | ||
| Unnamed varieties |
| Grain defects | |||
|---|---|---|---|
| Chalky grains | |||
| Grains striated with red | |||
| Spotted and stained grains | |||
| Amber grains | |||
| Yellow grains | |||
| Miscellaneous impurities | |||
| Rice grains of other varieties |
(a) when the moisture rate of durum wheat offered for buying-in is less than 14 %, the reductions to be applied shall be those given in table 1 below: Table 1 Reductions due to the moisture content of durum wheat Moisture content (%) Reductions (EUR/t) 13,4 0,1 13,3 0,2 13,2 0,3 13,1 0,4 13,0 0,5 12,9 0,6 12,8 0,7 12,7 0,8 12,6 0,9 12,5 1,0 12,4 1,1 12,3 1,2 12,2 1,3 12,1 1,4 12,0 1,5 11,9 1,6 11,8 1,7 11,7 1,8 11,6 1,9 11,5 2,0 11,4 2,1 11,3 2,2 11,2 2,3 11,1 2,4 11,0 2,5 10,9 2,6 10,8 2,7 10,7 2,8 10,6 2,9 10,5 3,0 10,4 3,1 10,3 3,2 10,2 3,3 10,1 3,4 10,0 3,5 (b) if the moisture content exceeds 14 %, the reductions to be applied are those listed in table 2 below: Table 2 Reductions due to the moisture content of durum wheat Moisture content (%) Price reduction (EUR/t) 14,5 1,0 14,4 0,8 14,3 0,6 14,2 0,4 14,1 0,2 (c) where the percentage of broken grains exceeds 3 % for durum wheat, a reduction of EUR 0,05 shall be applied for each additional 0,1 % percentage points; (d) where the percentage of impurities found in grains exceeds 2 % for durum wheat, a reduction of EUR 0,05 shall be applied for each additional 0,1 % percentage points; (e) where the percentage of sprouted grains exceeds 2,5 %, a reduction of EUR 0,05 shall be applied for each additional 0,1 % percentage points; (f) where the percentage of miscellaneous impurities ( Schwarzbesatz ) found in grains exceeds 0,5 % for durum wheat, a reduction of EUR 0,1 shall be applied for each additional 0,1 % percentage points;(g) where the percentage of piebald grains in durum wheat exceeds 20 %, a reduction of EUR 0,2 shall be applied for each additional percentage point or fraction thereof.
(a) where the milling yield of the rice differs from the basic milling yield for the variety concerned as set out in Part A of Annex III to this Regulation, the price increases and reductions to be applied shall be those shown in Table 1 below, in respect of each variety of rice; Table 1 Reductions and increases relating to the milling yield of rice Yield of whole-grain milled paddy rice Price increases and reductions per yield point Above the basic yield 0,75 % increase Below the basic yield 1 % reduction Overall yield of milled paddy rice Price increases and reductions per yield point Above the basic yield 0,60 % increase Below the basic yield 0,80 % reduction (b) where the defects in the grains of paddy rice exceed the permitted tolerances for the standard quality of paddy rice, the percentage reduction to be applied to the intervention price shall be as set out in Table 2 below, per type of rice; Table 2 Price reductions for defective rice grains Each discrepancy is calculated from the percentage of defective grains, to the second decimal place. Grain defects Percentage of defective grains resulting in a reduction in the intervention price Percentage reduction applicable to the additional discrepancy beyond the lower limit Round-grain rice CN code 10061092 Medium and long-grain A CN codes 10061094 and10061096 Long-grain B CN code 10061098 Chalky grains from 2 to 6 % from 2 to 4 % from 1,5 % to 4 % 1 % for each additional 0,5 % discrepancy Grains striated with red from 1 % to 10 % from 1 % to 5 % from 1 % to 5 % 1 % for each additional 1 % discrepancy Spotted and stained grains from 0,50 % to 4 % from 0,50 % to 2,75 % from 0,50 % to 2,75 % 0,8 % for each additional 0,25 % discrepancy Amber grains from 0,05 % to 1 % from 0,05 % to 0,50 % from 0,05 % to 0,50 % 1,25 % for each additional 0,25 % discrepancy Yellow grains from 0,02 % to 0,175 % from 0,02 % to 0,175 % from 0,02 % to 0,175 % 6 % for each additional 0,125 % discrepancy (c) where the moisture content of the paddy rice exceeds 13 %, the percentage reduction in its intervention price shall be equal to the difference between the percentage moisture content of the paddy rice offered for intervention, measured to one decimal point, and 13 %; (d) where the percentage of miscellaneous impurities in the paddy rice exceeds 0,1 %, it shall be bought in with a reduction in the intervention price of 0,02 % for each additional 0,01 % difference; (e) where a batch of paddy rice is offered for intervention for a particular variety but includes grains of other varieties exceeding 3 %, the batch shall be bought in with a 0,1 % reduction in the intervention price for each additional 0,1 % difference.
| Regulation (EC) No 489/2005 | This Regulation |
|---|---|
| Article 1 | — |
| Article 2(1) | Article 4(2)(a) and (b) |
| Article 2(2) | — |
| Article 3(1) | Article 15(1) |
| Article 3(2) | Article 15(2) |
| Article 3(3) | Annex III, Part B |
| Article 4 | Annex V |
| Article 5 | — |
| Article 6(1), first subparagraph | Article 4(1) |
| Article 6(1), second subparagraph | — |
| Article 6(2) and (3) | Article 4(2)(a) |
| Article 6(4) | Article 4(3) |
| Article 6(5) | Article 5(1) |
| Article 7 | — |
| Article 8(1) and (2) | Article 11(1) |
| Article 8(3) | — |
| Article 9(1) | Article 10(1), first subparagraph |
| Article 9(2), first subparagraph | Article 10(2) |
| Article 9(2), second subparagraph | — |
| Article 9(3) | Article 10(3) |
| Article 10(1) | Article 17(1) |
| Article 10(2) | Article 10(4), first subparagraph |
| Article 10(3) | Article 10(4), second subparagraph |
| Article 11 | — |
| Article 12(1) and (2) | Article 16(1) and (2) |
| Article 12(3) | — |
| Article 13(1), first subparagraph | Article 14 |
| Article 13(1), second subparagraph | Article 16(4) |
| Article 13(2) | Article 16(5) |
| Article 14 | Article 18 |
| Article 15(1), first subparagraph | Article 19(1), first subparagraph |
| Article 15(1), second subparagraph | — |
| Article 15(2), first and second subparagraphs | Article 19(2) |
| Article 15(2) third subparagraph | Article 19(2) third subparagraph |
| Article 16 | — |
| Article 17 | Article 16(3) |
| Article 18 | Article 21 |
| Annex I | — |
| Annex II, Part A | Annex III, Part A |
| Annex II, Part B | Annex V |
| Annex III | Annex III, Part B |
| Annex IV | Annex V |
| Annex V | — |
| Annex VI | — |