Commission Regulation (EC) No 670/2009 (repealed)Dangos y teitl llawn

ANNEX I (Article 12(2))

PART A

1. DEFINITION OF CHARACTERISTICS TO BE EXAMINED IN ORDER TO QUALIFY A BASIC CEREAL AS BEING OF UNIMPAIRED QUALITY

1.1. Broken grains

All grains whose endosperm is partially uncovered shall be regarded as broken grains. Grains damaged by threshing and grains from which the germ has been removed also belong to this group.

1.2. Grain impurities

(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.

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, e.g. in durum wheat, 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.

1.4. Miscellaneous impurities (Schwarzbesatz)

Grains of basic cereals and other cereals which are damaged, affected by ergot or decayed are to be classified as ‘miscellaneous impurities’ even if they have defects which belong to other categories.

(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.

1.5. Live pests

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.6. Piebald grains

Piebald grains of durum wheat are grains whose kernel cannot be regarded as entirely vitreous.

1.7. Colour of cereal

The colour of the cereal is specific to this cereal, free from odour and live pests (including mites) at all stages of its development.

1.8. Contaminants

The maximum permissible levels of contaminants, including radioactivity, applicable under Community rules shall not exceed the levels established under Regulation (EEC) No 315/93, including the requirements set out in the Annex to Commission Regulation (EC) No 1881/2006(1).

2. FACTORS TO TAKE INTO ACCOUNT WHEN DEFINING DURUM WHEAT IMPURITIES

‘Grain impurities’ means shrivelled grains, grains of other cereals, grains damaged by pests, grains in which the germ is discoloured, mottled grains or grains affected with fusariosis and grains overheated during drying.

Miscellaneous impurities means extraneous seeds, damaged grains, extraneous matter, husks, ergot, decayed grains, dead insects and fragments of insects.

PART B

CRITERIA FOR MINIMUM QUALITY OF DURUM WHEAT

a As % of dry matter.
— : Not applicable
A. Maximum moisture content	14,5 %
B. Maximum percentage of matter which is not basic cereal of unimpaired quality, of which a maximum:	12 %
1. Broken grains	6 %
2. Impurities consisting of grains (other than indicated at 3)	5 %
of which:
(a) shrivelled grains
(b) other cereals	3 %
(c) grains damaged by pests
(d) grains in which the germ is discoloured
(e) grains overheated during drying	0,5 %
3. Mottled grains and/or grains affected with fusariosis,	5 %
of which:
— grains affected with fusariosis	1,5 %
4. Sprouted grains	4 %
5. Miscellaneous impurities (Schwarzbesatz),	3 %
of which:
(a) extraneous seeds:
— noxious	0,1 %
— other
(b) damaged grains
— grains damaged by spontaneous heating or too extreme heating during drying	0,05 %
— other
(c) extraneous matter
(d) husks
(e) ergot	0,05 %
(f) decayed grains
(g) dead insects and fragments of insects
C. Maximum percentage of wholly or partially piebald grains	27 %
D. Maximum tannin contenta	—
E. Minimum specific weight (kg/hl)	78
F. Minimum protein contenta:	11,5 %
G. Hagberg falling number (seconds)	220
H. Minimum Zeleny index (ml) —	—

ANNEX II (Article 13(3))

PART A

1. STANDARD METHOD FOR DETERMINING MATTER OTHER THAN BASIC CEREALS OF UNIMPAIRED QUALITY

The standard method for determining matter other than basic cereals of unimpaired quality shall be that set out below:

1.1. For common wheat, 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.

In order to ensure constant sifting, it is advisable to use a mechanical sieve, e.g. a vibrating table with fitted sieves.

The matter retained by the sieve with slotted perforations of 3,5 mm and that passing through the sieve with slotted perforations of 1,0 mm must be weighed together and regarded as extraneous matter. Where the matter retained by the sieve with slotted perforations of 3,5 mm includes parts of the ‘other cereals’ group or particularly large grains of the basic cereal, those parts or grains shall be returned to the sifted sample. During sifting, in the sieve with slotted perforations of 1,0 mm, a check must be made for live pests.

From the sifted sample, a sample of 50 to 100 g shall be taken using a separator. This partial sample must be weighed.

The partial sample should then be spread out on a table with tweezers or a horn spatula and broken grains, other cereals, sprouted grains, grains damaged by pests, grains damaged by frost, grains in which the germ is discoloured, mottled grains, extraneous seeds, ergots, damaged grains, decayed grains, husks and live pests and dead insects must be extracted.

Where the partial sample includes grains still in the husk, they shall be husked by hand, the husks obtained being considered as pieces of husks. Stones, sand and fragments of straw shall be considered extraneous matter.

The partial sample shall be passed for half a minute through a sieve with a mesh size of 1,9 mm for common wheat. Matter which passes through this sieve shall be considered as shrivelled grains. Grains damaged by frost and unripe green grains shall belong to the ‘shrivelled grains’ group.

1.2. Groups of matter other than basic cereals of unimpaired quality, determined according to the methods referred to in point 1 must be weighed very carefully to the nearest 0,01 g and distributed according to percentage over the average sample. The particulars entered in the analysis report shall be to the nearest 0,1 %. Check for live pests.

As a general rule, two analyses must be made for each sample. They must not differ by more than 10 % in respect of the total of the abovementioned matter.

1.3. The apparatus to be used for the operations referred to in points 1 and 2 is as follows:

(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.

PART B

2. STANDARD METHOD FOR DETERMINING THE MOISTURE CONTENT OF DURUM WHEAT

The standard method for determining the moisture content of durum wheat is that given below. However, Member States may also use other methods based on the same principle or method ISO 712:1998 or a method based on infra-red technology. In case of dispute, only the results obtained using the method set out in Annex II, Part B shall be accepted.

2.1. Principle

The product is dried at a temperature of 130 to 133 °C under normal atmospheric pressure, for an appropriate period of time according to the size of the particles.

2.2. Scope

This drying method is used for cereals crushed into particles of which at least 50 % pass through a sieve with 0,5 mm mesh and leave not more than 10 % residue on the sieve with a 1,0 mm round mesh. It is also used for flour.

2.3. Apparatus

Precision balance.

Crusher made of a material which does not absorb moisture, is easy to clean, enables crushing to be effected quickly and evenly without overheating, limits contact with the outside air to the minimum, and meets the requirements mentioned in 2 (e.g. a detachable roller mill).

Receptacle made of non-corrodible metal or glass, fitted with a sufficiently tight-fitting lid; working surface allowing distribution of the test sample at 0,3 g per square centimetre.

Electrically heated isothermic heating chamber, set at a temperature of 130 to 133 °C(2), having adequate ventilation(3).

Dessicator with a metal or, failing metal, porcelain plate (thick, perforated), containing any suitable dessicant.

2.4. Procedure

Drying

Weigh to the nearest 1 mg a quantity of approximately than 5 g of the crushed small-grained cereals or 8 g of the crushed maize in the pre-weighed receptacle. Place the receptacle in a heating chamber heated to a temperature of 130 to 133 °C. This should be done as quickly as possible, so as to prevent too great a drop in temperature. Leave small-grained cereals to dry for two hours and maize for four hours after the heating chamber regains a temperature of 130 to 133 °C. Remove the receptacle from the heating chamber, quickly replace the lid, leave to cool for 30 to 45 minutes in a dessicator and weigh (to the nearest 1 mg).

2.5. Method of calculation and formulae

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

The moisture content as a percentage of the product is equal to:

• without previous preparation (E – m) × 100/E,

• with previous preparation [(M′ – m)M/M′ + E – M] × 100/E = 100 (1 – Mm/EM′)

Tests to be made in duplicate at least.

2.6. Repetition

The difference between the values obtained from the two determinations carried out simultaneously or in rapid succession by the same analyst shall not exceed 0,15 g of moisture per 100 g of sample. If it does so, the determinations shall be repeated.

PART C

3. STANDARD METHOD FOR DETERMINING THE RATE OF PIEBALDING OF DURUM WHEAT

The standard method for determining the rate of piebalding of durum wheat is that given below.

3.1. Principle

Only part of the sample is used to determine the percentage of grains which have been subject to total or partial piebalding. The grains are cut using a Pohl grain cutter or an equivalent instrument.

3.2. Equipment and apparatus

• Pohl grain cutter or equivalent instrument,

• tweezers, scalpel,

• tray or dish.

3.3. Procedure

(a) The determination is carried out on a sample of 100 grams after separation of any matter other than basic cereals of unimpaired quality.

(b) Spread the sample on a tray and homogenise well.

(c) Insert a plate in the grain cutter and spread a handful of grains on the grid. Tap firmly to ensure that there is only one grain in each hole. Lower the movable section to hold the grains in place and then cut them.

(d) Prepare sufficient plates to ensure that a minimum of 600 grains are cut.

(e) Count the number of grains which have been subject to total or partial piebalding.

(f) Calculate the percentage of grains which have been subject to total or partial piebalding.

3.4. Expression of results

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

3.5. Result

The percentage of grains which have been subject to total or partial piebalding in the test portion is:

[M × (100 – I)]/100 = …

PART D

4. OTHER METHODS APPLICABLE TO DETERMINING THE QUALITY OF DURUM WHEAT

4.1. The method for determining the Hagberg falling number (amylase activity test) shall comply with ISO 3093:2004.

4.2. The standard method for determining the specific weight shall comply with ISO 7971/2:1995.

4.3. The methods of taking samples and analysis for establishing the rate of mycotoxins are those referred to in the Annex to Regulation (EC) No 1881/2006 and set out in Annexes I and II to Commission Regulation (EC) No 401/2006(4).

ANNEX III (Article 15(2)(a))

PART A

BASIC MILLING YIELD OF RICE

In order to be sound, fair and of marketable quality, the milling yield of the rice must not be lower by five points than that of the basic yields set out below.

Name of variety	Whole-grain yield(%)	Overall yield(%)
Argo, Selenio, Couachi	66	73
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	65	73
Ispaniki A, Makedonia	64	73
Bravo, Europa, Loto, Riva, Rosa Marchetti, Savio, Veneria	63	72
Tolima	63	71
Inca	63	70
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	62	72
Strymonas	62	71
Anseatico, Baldo, Belgioioso, Betis, Euribe, Italpatna, Marathon, Redi, Ribello, Rizzotto, Rocca, Roma, Romanico, Romeo, Tebre, Volano	61	72
Bonnet Bell, Rita, Silla, Thaibonnet, L 202, Puntal	60	72
Evropi, Melas	60	70
Arborio, Blue Belle, Blue Belle ‘E’, Blue Bonnet, Calendal, Razza 82, Rea	58	72
Maratelli, Precoce Rossi	58	70
Carnaroli, Elba, Vialone Nano	57	72
Axios	57	67
Roxani	57	66
Pygmalion	52	71
Unnamed varieties	64	72

PART B

MAXIMUM PERCENTAGES OF RICE DEFECTS

In order to be sound, fair and of marketable quality, the percentages of miscellaneous impurities, the percentage of grains of rice from other varieties and the percentage of grains which are not of unimpaired quality as defined in Annex III to Regulation (EC) No 1234/2007 may not exceed the maximum percentages indicated below, for each type of rice.

‘Miscellaneous impurities’ shall be understood as any foreign matter other than rice.

Grain defects	Round-grain riceCN code 1006 10 92	Medium and long-grain ACN codes 1006 10 94 and 1006 10 96	Long-grain BCN code 1006 10 98
Chalky grains	6	4	4
Grains striated with red	10	5	5
Spotted and stained grains	4	2,75	2,75
Amber grains	1	0,5	0,5
Yellow grains	0,175	0,175	0,175
Miscellaneous impurities	1	1	1
Rice grains of other varieties	5	5	5

ANNEX IV (Article 19(1))

INCREASES AND REDUCTIONS IN THE PRICE OF DURUM WHEAT

Increases and reductions in the price of durum wheat are to be applied jointly using the amounts given below:

(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.

ANNEX V (Article 19(1))

INCREASES AND REDUCTIONS IN THE PRICE OF RICE

1. The increases or reductions in the price of rice shall apply to the intervention price of paddy rice offered for buying-in by multiplying the latter by the sum of the percentages of reductions and increases determined as follows:

(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
a 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 reductiona applicable to the additional discrepancy beyond the lower limit
	Round-grain riceCN code 1006 10 92	Medium and long-grain ACN codes 1006 10 94 and 1006 10 96	Long-grain BCN code 1006 10 98
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.

2. The reductions and increases referred to in paragraph 1 shall be established on the basis of the weighted average of the test results on the representative samples as defined in Article 16.

ANNEX VI (Article 27, second subparagraph)

Correlation table

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	—

(1)

OJ L 364, 20.12.2006, p. 5.

(2)

Air temperatures inside the heating chamber.

(3)

Its heating capacity should be such that, when it has been pre-set to a temperature of 130 to 133 °C, that temperature can be regained in less than 45 minutes after the maximum number of test samples have been placed in the chamber to dry simultaneously. Ventilation should be such that, when small-grained cereals (common wheat, durum wheat, barley and sorghum) are dried for two hours and maize for four hours, the results from all the test samples of semolina or, as the case may be, maize that the heating chamber can hold differ by less than 0,15 % from the results obtained after drying small-grained cereals for three hours and maize for five hours.

(4)

OJ L 70, 9.3.2006, p. 12.