Commission Regulation (EC) No 670/2009 (repealed)Show full title

CHAPTER V AMENDMENTS, REPEALS AND FINAL PROVISIONS

Article 25 Amendment of Regulation (EC) No 428/2008

In Annex I to Regulation (EC) No 428/2008, column (4) on durum wheat is deleted.

Article 26 Amendment of Regulation (EC) No 687/2008

Regulation (EC) No 687/2008 is amended as follows:

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(1);’

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.

Article 27 Repeal

Regulation (EC) No 489/2005 is repealed with effect from 1 September 2009.

References made to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VI.

Article 28 Entry into force and application

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

It shall apply from 1 July 2009 for durum wheat and from 1 September 2009 for the rice sector.

(1)

OJ L 364, 20.12.2006, p. 5.’