# COMMISSION REGULATION (EC) No 883/2007
of 26 July 2007
amending Regulation (EC) No 824/2000 establishing procedures for the taking-over of cereals by intervention agencies and laying down methods of analysis for determining the quality of cereals
## Preamble
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals [^1] , and in particular Article 6 thereof,
Whereas:
**(1)** Article 5(1) of Regulation (EC) No 1784/2003, as amended by Regulation (EC) No 735/2007, limits the quantities of maize which may be bought in by intervention agencies throughout the Community to a total of 1 500 000 tonnes in the 2007/08 marketing year, 700 000 tonnes in the 2008/09 marketing year and 0 tonnes from the 2009/10 marketing year onwards.
**(2)** To ensure the satisfactory management of the system for intervention buying-in of maize, and to give economic operators in all Member States access to the intervention system under equivalent conditions, detailed procedures should be laid down in Commission Regulation (EC) No 824/2000 [^2] specific to the award of the quantities of maize eligible for intervention. To this end, a mechanism should be introduced for the award of those quantities, covering the periods of the marketing year in which operators may submit offers, giving them sufficient time to submit their offers and allowing a uniform award coefficient to be fixed for all offerers where the quantities offered exceed those available. Provision should therefore be made for the offers to be examined in two periods, and timetables should be laid down for the submission of offers for maize and for deliveries and the associated take-overs.
**(3)**
**(4)**
**(5)** To allow sound management of the award mechanism, it should be laid down that offers for maize may not be altered or withdrawn. Moreover, to ensure that offers are genuine, they should be subject to the lodging of a security, and the terms for checking that offers are genuine and for releasing the security should be laid down. To this end, this check should follow the same rules and conditions as those applicable to checks on stocks in public storage under Commission Regulation (EC) No 884/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the financing by the European Agricultural Guarantee Fund (EAGF) of intervention measures in the form of public storage operations and the accounting of public storage operations by the paying agencies of the Member States [^3] . In addition, between the start of the submission of offers in the first period and 31 December, several months may elapse. To avoid placing a financial burden on operators submitting offers in this first period, it should be allowed for the security that has to be lodged on submission of the offers, when it is lodged in the form of a bank guarantee, not to be payable until the day following the final day for the submission of offers.
**(6)** Under Article 5(4) and (5) of Regulation (EC) No 824/2000, cereals may be taken over in the store in which they are being held at the time of the offer. To improve the quality of storage conditions and provide a guarantee of this from the time the offers are submitted, the places where the cereals are stored at the time of the offer should be such as to guarantee the best possible conservation, in particular over a long period as regards maize. It is therefore necessary to limit the possibility of taking over the cereals in the offerer's store and to authorise this kind of take-over only where the cereals are kept by storers within the meaning of Article 2(2)(a) of Regulation (EC) No 884/2006. In such cases, the offerer should undertake to apply *mutatis mutandis* in his relations with the storer, as from submission of his offer, the same rules and conditions of storage and control as are applicable under Regulation (EC) No 884/2006.
**(7)** Under Article 8(1) of Regulation (EC) No 824/2000, the price payable to the offerer is the intervention price referred to in Article 4(1) of Regulation (EC) No 1784/2003, valid on the date specified as the first day of delivery when notice was given of acceptance of the offer, for goods delivered at warehouse, before unloading, adjusted in accordance with the increases and reductions referred to in Article 9 of Regulation (EC) No 824/2000. Taking into account the new system for managing intervention buying-in of maize introduced by this Regulation, and in particular the fact that offers for maize may not be withdrawn or altered, it is necessary to derogate from that rule for offers of maize where the intervention price for the month of the offer is above the intervention price for the month in which the delivery takes place.
**(8)** Article 11a(a) of Regulation (EC) No 824/2000 details the information that Member States must forward to the Commission so that a weekly statistical report can be compiled on changes in the intervention stocks of cereals. Taking into account the new system for managing intervention buying-in of maize introduced by this Regulation, it is necessary to adjust these provisions, specifically those relating to the notification of offers by the intervention agencies to the Commission.
**(9)** In the interests of sound management of the system, the information required by the Commission should be sent on the basis of models containing the information required to manage intervention, made available by the Commission to the Member States, and these models should apply once the Management Committee for Cereals has been informed and then, where applicable, adapted and updated by the Commission under the same conditions.
**(10)** Regulation (EC) No 824/2000 should therefore be amended accordingly.
**(11)** As the intervention period in Greece, Spain, Italy and Portugal starts on 1 August, the measures provided for in this Regulation should apply from that date.
**(12)** The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
## **Article 1**
Regulation (EC) No 824/2000 is hereby amended as follows:
| 2. | (a): in paragraph 1, point (e) is replaced by the following: ‘(e) the intervention centre for which the offer is made and, where the second subparagraph of Article 5(1) of this Regulation is applied, the offerer's undertaking to ensure, in his relations with the storer, that the rules and conditions of storage and control provided for under Article 2(2)(a) of Regulation (EC) No 884/2006 are applied *mutatis mutandis* to the place of storage referred to in point (c) of this paragraph.’; — ‘(e) — the intervention centre for which the offer is made and, where the second subparagraph of Article 5(1) of this Regulation is applied, the offerer's undertaking to ensure, in his relations with the storer, that the rules and conditions of storage and control provided for under Article 2(2)(a) of Regulation (EC) No 884/2006 are applied *mutatis mutandis* to the place of storage referred to in point (c) of this paragraph.’;
‘(e): the intervention centre for which the offer is made and, where the second subparagraph of Article 5(1) of this Regulation is applied, the offerer's undertaking to ensure, in his relations with the storer, that the rules and conditions of storage and control provided for under Article 2(2)(a) of Regulation (EC) No 884/2006 are applied *mutatis mutandis* to the place of storage referred to in point (c) of this paragraph.’; | (a) | ‘(e): the intervention centre for which the offer is made and, where the second subparagraph of Article 5(1) of this Regulation is applied, the offerer's undertaking to ensure, in his relations with the storer, that the rules and conditions of storage and control provided for under Article 2(2)(a) of Regulation (EC) No 884/2006 are applied *mutatis mutandis* to the place of storage referred to in point (c) of this paragraph.’; | ‘(e) | the intervention centre for which the offer is made and, where the second subparagraph of Article 5(1) of this Regulation is applied, the offerer's undertaking to ensure, in his relations with the storer, that the rules and conditions of storage and control provided for under Article 2(2)(a) of Regulation (EC) No 884/2006 are applied *mutatis mutandis* to the place of storage referred to in point (c) of this paragraph.’; | (b) | in paragraph 3, the third subparagraph is deleted; | (c) | the following paragraph 4 is added:
‘4. In the case of cereals offered into intervention other than maize, the final delivery shall be made not later than the end of the fourth month following the month during which the offer was received, without, however, being later than 1 July in Spain, Greece, Italy and Portugal and 31 July in the other Member States.
For maize, the delivery shall be made between 1 February and 30 April in the case of offers made in period 1, and not later than the end of the third month following the month in which the offer was received in the case of offers made in period 2, without, however, being later than 1 July in Spain, Greece, Italy and Portugal and 31 July in the other Member States.’ |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| (a) | ‘(e): the intervention centre for which the offer is made and, where the second subparagraph of Article 5(1) of this Regulation is applied, the offerer's undertaking to ensure, in his relations with the storer, that the rules and conditions of storage and control provided for under Article 2(2)(a) of Regulation (EC) No 884/2006 are applied *mutatis mutandis* to the place of storage referred to in point (c) of this paragraph.’; | ‘(e) | the intervention centre for which the offer is made and, where the second subparagraph of Article 5(1) of this Regulation is applied, the offerer's undertaking to ensure, in his relations with the storer, that the rules and conditions of storage and control provided for under Article 2(2)(a) of Regulation (EC) No 884/2006 are applied *mutatis mutandis* to the place of storage referred to in point (c) of this paragraph.’; | | | | | | |
| ‘(e) | the intervention centre for which the offer is made and, where the second subparagraph of Article 5(1) of this Regulation is applied, the offerer's undertaking to ensure, in his relations with the storer, that the rules and conditions of storage and control provided for under Article 2(2)(a) of Regulation (EC) No 884/2006 are applied *mutatis mutandis* to the place of storage referred to in point (c) of this paragraph.’; | | | | | | | | |
| (b) | in paragraph 3, the third subparagraph is deleted; | | | | | | | | |
| (c) | the following paragraph 4 is added:
‘4. In the case of cereals offered into intervention other than maize, the final delivery shall be made not later than the end of the fourth month following the month during which the offer was received, without, however, being later than 1 July in Spain, Greece, Italy and Portugal and 31 July in the other Member States.
For maize, the delivery shall be made between 1 February and 30 April in the case of offers made in period 1, and not later than the end of the third month following the month in which the offer was received in the case of offers made in period 2, without, however, being later than 1 July in Spain, Greece, Italy and Portugal and 31 July in the other Member States.’ | | | | | | | | |
| 3. | (a): in paragraph 1 the following second and third subparagraphs are added: ‘This take-over may take place in the store in which the cereals are being held at the time of the offer, provided that the storage is on the premises of a “storer” within the meaning of Article 2(2)(a) of Regulation (EC) No 884/2006 and that the same rules and conditions as applicable to those premises, after take-over of the cereals for intervention, apply as from submission of the offer. For maize, the quantity taken over may not exceed the quantity awarded in accordance with Article 3a(2) and (3).’; | (a) | in paragraph 1 the following second and third subparagraphs are added:
‘This take-over may take place in the store in which the cereals are being held at the time of the offer, provided that the storage is on the premises of a “storer” within the meaning of Article 2(2)(a) of Regulation (EC) No 884/2006 and that the same rules and conditions as applicable to those premises, after take-over of the cereals for intervention, apply as from submission of the offer.
For maize, the quantity taken over may not exceed the quantity awarded in accordance with Article 3a(2) and (3).’; | (b) | paragraph 6 is replaced by the following:
‘6. The last take-over shall take place, in the case of cereals other than maize, at the latest at the end of the second month following the month of the final delivery referred to in the first subparagraph of Article 4(4) and, in the case of maize, not later than the end of the second month following each of the final deliveries referred to in the second subparagraph of Article 4(4), and in any event not later than 31 July in Spain, Greece, Italy and Portugal and 31 August in the other Member States.’ |
| --- | --- | --- | --- | --- | --- |
| (a) | in paragraph 1 the following second and third subparagraphs are added:
‘This take-over may take place in the store in which the cereals are being held at the time of the offer, provided that the storage is on the premises of a “storer” within the meaning of Article 2(2)(a) of Regulation (EC) No 884/2006 and that the same rules and conditions as applicable to those premises, after take-over of the cereals for intervention, apply as from submission of the offer.
For maize, the quantity taken over may not exceed the quantity awarded in accordance with Article 3a(2) and (3).’; | | | | |
| (b) | paragraph 6 is replaced by the following:
‘6. The last take-over shall take place, in the case of cereals other than maize, at the latest at the end of the second month following the month of the final delivery referred to in the first subparagraph of Article 4(4) and, in the case of maize, not later than the end of the second month following each of the final deliveries referred to in the second subparagraph of Article 4(4), and in any event not later than 31 July in Spain, Greece, Italy and Portugal and 31 August in the other Member States.’ | | | | |
**4.** In Article 8(1) the second sentence of the second subparagraph is replaced by the following: ‘This provision shall not apply to sorghum offered in August and September.’
| 5. | Article 11a is replaced by the following:
‘Article 11a
1. For every cereal listed in Article 5(1) of Regulation (EC) No 1784/2003, each Member State shall forward by electronic means the information required to manage intervention, and in particular:
(a)
every Wednesday by 12.00 (Brussels time):
(i)
the quantities of cereals offered into intervention submitted by operators not later than 12.00 (Brussels time) on the Friday of the previous week, in accordance with Articles 4 and 3a of this Regulation;
(ii)
the quantities of cereals, other than maize, offered into intervention, for which the offer has been withdrawn by the offerer since the start of the intervention period;
(iii)
the total quantities of cereals offered for intervention after the start of the intervention period, net of the quantities referred to in point (ii);
(iv)
the total quantities of cereals taken over since the start of the intervention period, in accordance with Article 5 of this Regulation;
(b)
on the Wednesday following the publication of the invitation to tender, the quantities of cereals put up for tender in accordance with Article 2(2) of Commission Regulation (EEC) No 2131/93 ;
(c)
on the Wednesday following the date on which the Member State defines the lots concerned, the quantities of cereals intended for distribution free of charge to the most deprived persons in the Community in accordance with Council Regulation (EEC) No 3730/87 ;
(d)
by the end of the month following the take-over deadline referred to in Article 5(6) of this Regulation, by region set out in Annex III to Council Regulation (EEC) No 837/90 , the average results of specific weight, moisture content, percentage of broken grains and protein content recorded for the lots of cereals taken over.
2. The notifications referred to in paragraph 1 shall be made even if no quantity has been offered. In the absence of any notification of the information referred to in paragraph 1(a)(i), the Commission shall consider that no offer has been submitted in the Member State concerned.
3. The form and content of the notifications referred to in paragraph 1 shall be defined on the basis of models made available by the Commission to the Member States. These models shall not apply until the Management Committee for Cereals has been informed.
They shall be adapted and updated by the Commission under the same conditions.
[OJ L 191, 31.7.1993, p. 76](http://publications.europa.eu/resource/oj/JOL_1993_191_R_TOC) ."
[OJ L 352, 15.12.1987, p. 1](http://publications.europa.eu/resource/oj/JOL_1987_352_R_TOC) ."
[OJ L 88, 3.4.1990, p. 1](http://publications.europa.eu/resource/oj/JOL_1990_088_R_TOC) .’ " | (a) | (i): the quantities of cereals offered into intervention submitted by operators not later than 12.00 (Brussels time) on the Friday of the previous week, in accordance with Articles 4 and 3a of this Regulation; | (i) | the quantities of cereals offered into intervention submitted by operators not later than 12.00 (Brussels time) on the Friday of the previous week, in accordance with Articles 4 and 3a of this Regulation; | (ii) | the quantities of cereals, other than maize, offered into intervention, for which the offer has been withdrawn by the offerer since the start of the intervention period; | (iii) | the total quantities of cereals offered for intervention after the start of the intervention period, net of the quantities referred to in point (ii); | (iv) | the total quantities of cereals taken over since the start of the intervention period, in accordance with Article 5 of this Regulation; | (b) | on the Wednesday following the publication of the invitation to tender, the quantities of cereals put up for tender in accordance with Article 2(2) of Commission Regulation (EEC) No 2131/93 ; | (c) | on the Wednesday following the date on which the Member State defines the lots concerned, the quantities of cereals intended for distribution free of charge to the most deprived persons in the Community in accordance with Council Regulation (EEC) No 3730/87 ; | (d) | by the end of the month following the take-over deadline referred to in Article 5(6) of this Regulation, by region set out in Annex III to Council Regulation (EEC) No 837/90 , the average results of specific weight, moisture content, percentage of broken grains and protein content recorded for the lots of cereals taken over. |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| (a) | (i): the quantities of cereals offered into intervention submitted by operators not later than 12.00 (Brussels time) on the Friday of the previous week, in accordance with Articles 4 and 3a of this Regulation; | (i) | the quantities of cereals offered into intervention submitted by operators not later than 12.00 (Brussels time) on the Friday of the previous week, in accordance with Articles 4 and 3a of this Regulation; | (ii) | the quantities of cereals, other than maize, offered into intervention, for which the offer has been withdrawn by the offerer since the start of the intervention period; | (iii) | the total quantities of cereals offered for intervention after the start of the intervention period, net of the quantities referred to in point (ii); | (iv) | the total quantities of cereals taken over since the start of the intervention period, in accordance with Article 5 of this Regulation; | | | | | | | | |
| (i) | the quantities of cereals offered into intervention submitted by operators not later than 12.00 (Brussels time) on the Friday of the previous week, in accordance with Articles 4 and 3a of this Regulation; | | | | | | | | | | | | | | | | |
| (ii) | the quantities of cereals, other than maize, offered into intervention, for which the offer has been withdrawn by the offerer since the start of the intervention period; | | | | | | | | | | | | | | | | |
| (iii) | the total quantities of cereals offered for intervention after the start of the intervention period, net of the quantities referred to in point (ii); | | | | | | | | | | | | | | | | |
| (iv) | the total quantities of cereals taken over since the start of the intervention period, in accordance with Article 5 of this Regulation; | | | | | | | | | | | | | | | | |
| (b) | on the Wednesday following the publication of the invitation to tender, the quantities of cereals put up for tender in accordance with Article 2(2) of Commission Regulation (EEC) No 2131/93 ; | | | | | | | | | | | | | | | | |
| (c) | on the Wednesday following the date on which the Member State defines the lots concerned, the quantities of cereals intended for distribution free of charge to the most deprived persons in the Community in accordance with Council Regulation (EEC) No 3730/87 ; | | | | | | | | | | | | | | | | |
| (d) | by the end of the month following the take-over deadline referred to in Article 5(6) of this Regulation, by region set out in Annex III to Council Regulation (EEC) No 837/90 , the average results of specific weight, moisture content, percentage of broken grains and protein content recorded for the lots of cereals taken over. | | | | | | | | | | | | | | | | |
## **Article 2**
This Regulation shall enter into force on the day following its publication in the *Official Journal of the European Union* .
It shall apply from 1 August 2007.
## Final provisions
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 26 July 2007. *For the Commission* Mariann FISCHER BOEL *Member of the Commission*
[^1] [OJ L 270, 21.10.2003, p. 78](http://publications.europa.eu/resource/oj/JOL_2003_270_R_TOC) . Regulation as last amended by Regulation (EC) No 735/2007 ( [OJ L 169, 29.6.2007, p. 6](http://publications.europa.eu/resource/oj/JOL_2007_169_R_TOC) ).
[^2] [OJ L 100, 20.4.2000, p. 31](http://publications.europa.eu/resource/oj/JOL_2000_100_R_TOC) . Regulation as last amended by Regulation (EC) No 1572/2006 ( [OJ L 290, 20.10.2006, p. 29](http://publications.europa.eu/resource/oj/JOL_2006_290_R_TOC) ).
[^3] [OJ L 171, 23.6.2006, p. 35](http://publications.europa.eu/resource/oj/JOL_2006_171_R_TOC) . Regulation as amended by Regulation (EC) No 721/2007 ( [OJ L 164, 26.6.2007, p. 4](http://publications.europa.eu/resource/oj/JOL_2007_164_R_TOC) ).
[^1]: . Regulation as last amended by Regulation (EC) No 735/2007 ().
[^2]: . Regulation as last amended by Regulation (EC) No 1572/2006 ().
[^3]: . Regulation as amended by Regulation (EC) No 721/2007 ().