Commission Regulation (EC) No 670/2009 (repealed)Show full title

CHAPTER II SPECIFIC PROVISIONS FOR DURUM WHEAT

Article 12 Quality of durum wheat offered

1. In order to be accepted for intervention, the durum wheat must be of sound and fair merchantable quality.

2. Durum wheat must be considered unimpaired in order to be deemed of sound and fair merchantable quality. To this end, it must meet the quality criteria examined according to the characteristics set out in Annex I, Part A and the minimum quality criteria for durum wheat set out in Annex I, Part B.

Article 13 Sampling and tests of offers of durum wheat

1. The quality characteristics shall be established on the basis of a representative sample of each batch of durum wheat offered, consisting of samples taken at the rate of once every delivery for at least every 60 tonnes.

2. The intervention agency shall see that the characteristics of the samples taken are analysed under its responsibility within 20 working days of the representative sample being made up.

3. The standard methods to be used to determine the quality of durum wheat offered for intervention are set out in Annex II as follows:

• 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.

4. Member States shall check levels of contaminants, including radioactivity, on the basis of a risk analysis, taking account in particular of the information supplied by the bidder and the commitments of the latter regarding compliance with the standards set, especially in the light of the results of the analyses. If necessary, the rate and scope of the controls shall be determined in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007, particularly where the market situation may be seriously disrupted by contaminants.

5. The bidder shall bear the costs relating to:

(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.

6. The test results shall be notified to the bidder in the take-over record provided for in Article 18.

7. In cases of dispute, the intervention agency shall have the necessary tests on the products in question carried out again, the cost being met by the losing party.

8. In the event that tests or inspections do not allow the durum wheat offered to be accepted for intervention, the bidder may replace the batch concerned, no later than 20 working days afterwards, without prejudice to the deadline for delivery set out in Article 10(2). By way of derogation from Article 11, the transport costs involved in this replacement shall be borne solely by the bidder.

Article 14 Take-over of offers of durum wheat

1. The durum wheat offered shall be taken over by the intervention agency when the quantity and compliance with the conditions, as set out in Article 12, have been established by its representative for the entire batch in respect of the goods delivered to the intervention store, in accordance with the provisions of Article 13.

2. The take-over must take place within 60 days of the last delivery as set out in Article 10(2), but no later than 31 July.

However, if the provisions of Article 13(8) apply, the take-over must take place no later than 31 August.