Commission Regulation (EC) No 670/2009 (repealed)Show full title

CHAPTER IV COMMON PROVISIONS FOR TAKE-OVER, INSPECTIONS AND COMMUNICATIONS

Article 18 Take-over record

1. A take-over record shall be drawn up for each offer, by the intervention agency responsible for the approval of the storage premises for which the lowest bid was submitted. The bidder or his/her representative may be present when the record is being drawn up.

It shall indicate at least:

(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.

This record is signed and dated by the intervention agency and the storekeeper.

2. The take-over record may be drawn up once 95 % of the quantity offered is taken over.

Article 19 Establishing the price to be paid to the bidder and payment

1. The price payable to the bidder shall be the bid price referred to in Article 4(2)(a)(vi) of this Regulation, without prejudice to the provisions of Article 11 and any price increases or reductions referred to in Annex IV, for durum wheat and in Annex V, for paddy rice, or set in accordance with Article 18(4)(b) of Regulation (EC) No 1234/2007.

2. Payment shall be made no later than 35 days following the date of take-over, as set out in Articles 14 and 17, where applicable.

Where Article 13(7) applies with regard to durum wheat, or where Article 16(5) applies with regard to paddy rice, payment shall be made as soon as possible after the results of the last test are notified to the bidder.

Where bidders must submit an invoice before they can be paid and where this invoice is not submitted within the time limit laid down in the first subparagraph, payment shall be made within five working days of the actual submission of the invoice.

Article 20 Control measures

1. Without prejudice to the checks required by this Regulation for the take-over of goods, the checks of the intervention stocks shall be carried out under the conditions set out in Article 2 of Regulation (EC) No 884/2006.

2. Where the checks are to be carried out on the basis of the risk analysis referred to in Article 13(4) of this Regulation, the Member State shall be liable for the financial consequences of any failure to comply with the maximum admissible contaminant level in accordance with the rules set out in Article 2 of Regulation (EC) No 884/2006.

However, in the case of ochratoxin A and aflatoxin, if the Member State concerned is able to prove to the Commission’s satisfaction that the standards were met on entry, that normal storage conditions were observed and that the storekeeper’s other commitments were respected, the financial liability shall be borne by the Community budget.

3. Where the storage premises designated in accordance with Article 4(2)(a)(iii) is in a Member State other than that where the offer is made, and the intervention agency that received the offer decides to make an on-site check to verify the actual presence of the products, this agency shall send a request for a check and a copy of the offer to the intervention agency responsible for those storage premises. The on-site check shall be carried out within the period set by the intervention agency that received the offer.

Article 21 National rules

The intervention agencies shall, where necessary, adopt additional procedures and conditions for take-overs, compatible with the provisions of this Regulation, to take account of any special conditions existing in the Member State in question.

Article 22 Communication of the take-overs to the Commission and the intervention agencies

1. Subject to the conditions set out in Article 24, by no later than 14.00 (Brussels time) each Wednesday, each Member State must communicate the following for the previous week by product and by type of product, where applicable:

(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.

2. Each Member State must, under the conditions set out in Article 24, by the end of the month following the takeover deadline referred to in Article 14(2) of this Regulation, by region set out in Annex III to Council Regulation (EEC) No 837/90 concerning statistical information to be supplied by the Member States on cereals production(1), communicate the average results of specific weight, moisture content, percentage of broken grains and protein content recorded for the batches of durum wheat taken over.

3. The exchange of information between the intervention agencies, with regard to the checks provided for in Article 20(3), shall be electronic, under the conditions set out in Article 24.

Article 23 Communication from the intervention agencies and approved intervention centres to the Commission

1. Member States shall communicate to the Commission, under the conditions set out in Article 24, the following information:

(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.

2. The Commission shall publish the list of the intervention agencies provided for in Article 1(2) in the ‘C’ series of the Official Journal of the European Union.

3. Amendments to the list of intervention centres and their storage premises, provided for in Article 2(3), and to the list of intervention agencies, provided for in Article 23(2), shall be made available to the Member States and to the public by all appropriate technical means via the information systems put in place by the Commission, including publication on the Internet.

Article 24 Method applicable to communication

1. The communications and exchanges of information between the Member States and the Commission provided for by this Regulation shall be electronic via the information systems made available to the competent authorities by the Commission or the Member States.

2. The documents concerned shall be drawn up and sent in line with the procedures set by these information systems.

3. The form and content of the documents shall be defined on the basis of models or methods made available to users through information systems. Those models and methods shall be adapted and updated after the Management Committee for the Common Organisation of Agricultural Markets has been informed.

4. Data on communications shall be entered and updated in the information systems under the responsibility of the competent authority of the Member State, in accordance with the access rights granted by the authorities in question.

(1)

OJ L 88, 3.4.1990, p. 1.