- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/01/2020)
- Gwreiddiol (Fel y’i mabwysiadwyd gan yr UE)
Commission Regulation (EU) No 742/2010 of 17 August 2010 amending Regulation (EU) No 1272/2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
Mae unrhyw newidiadau sydd wedi cael eu gwneud yn barod gan y tîm yn ymddangos yn y cynnwys a chyfeirir atynt gydag anodiadau.Ar ôl y diwrnod ymadael bydd tair fersiwn o’r ddeddfwriaeth yma i’w gwirio at ddibenion gwahanol. Y fersiwn legislation.gov.uk yw’r fersiwn sy’n weithredol yn y Deyrnas Unedig. Y Fersiwn UE sydd ar EUR-lex ar hyn o bryd yw’r fersiwn sy’n weithredol yn yr UE h.y. efallai y bydd arnoch angen y fersiwn hon os byddwch yn gweithredu busnes yn yr UE. EUR-Lex Y fersiwn yn yr archif ar y we yw’r fersiwn swyddogol o’r ddeddfwriaeth fel yr oedd ar y diwrnod ymadael cyn cael ei chyhoeddi ar legislation.gov.uk ac unrhyw newidiadau ac effeithiau a weithredwyd yn y Deyrnas Unedig wedyn. Mae’r archif ar y we hefyd yn cynnwys cyfraith achos a ffurfiau mewn ieithoedd eraill o EUR-Lex. The EU Exit Web Archive legislation_originated_from_EU_p3
Point in time view as at 31/01/2020.
Commission Regulation (EU) No 742/2010 is up to date with all changes known to be in force on or before 22 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1), and in particular Article 43(a) and (d), in conjunction with Article 4 thereof,
Whereas:
(1) The eligibility criteria to be met by cereals for public intervention and the methods to be used for carrying out tests to establish such eligibility pursuant to Article 7 of Commission Regulation (EU) No 1272/2009(2) are set out in Parts I to VIII and Part XII of Annex I to the said Regulation. Some of those methods have been amended by the European Committee for Standardisation (CEN). In order to take account of the changes in some of the methods in question and promote the European standards, those methods should be adapted. In order to ensure identical and consistent application of the methods in a given intervention period, it should be laid down that the said methods are those in force on the first day of the marketing year.
(2) The reference method for determining matter other than basic cereals of unimpaired quality, currently mentioned in Part IV of Annex I to Regulation (EU) No 1272/2009, is described in Part V of the said Annex. Point 1 of Part V concerning common wheat, durum wheat and barley has been updated by European standard EN 15587:2008. The standard in question should be included in that point.
(3) Part III of Annex I to Regulation (EU) No 1272/2009 defines matter other than basic cereals of unimpaired quality and the factors to be taken into consideration for each type of cereal for defining impurities. For the sake of precision and concordance with European standard EN 15587:2008, certain definitions should be adapted and some subheadings should be moved from one category to another. As a result of those changes to subheadings, Part II of Annex I on minimum quality requirements should also be amended.
(4) International method ISO 712:1998, currently mentioned in Part IV of Annex I to Regulation (EU) No 1272/2009 as one of the methods for determining moisture content, has been updated in respect of cereals other than maize, by European and international standard EN ISO 712:2009. The standard in question should be included. For maize the update provided for in European and international standard EN ISO 6540:2010 should be taken into account. Part VI of Annex I should also be deleted, and paragraph 3 of Part XII of Annex I should be adapted accordingly.
(5) The reference method for determining the protein content of common wheat grains, currently mentioned in Part IV of Annex I to Regulation (EU) No 1272/2009, is the method recognised by the International Association for Cereal Chemistry (ICC), as laid down in standard No 105/2. Following the work of the CEN, that method should be replaced by European and international standard EN ISO 20483:2006 and should be extended to include durum wheat grains. As an alternative method, standard CEN ISO/TS 16634-2:2009 should also be specified.
(6) International method ISO 5529:1992 for determining the Zeleny index of common wheat, currently mentioned in Part IV of Annex I to Regulation (EU) No 1272/2009, has been updated by European and international standard EN ISO 5529:2009. The standard in question should be included.
(7) International method ISO 3093:2004 for determining the Hagberg falling number, currently mentioned in Part IV of Annex I to Regulation (EU) No 1272/2009, has been updated by European and international standard EN ISO 3093:2009. The standard in question should be included.
(8) The reference method for determining the rate of loss of vitreous aspect of durum wheat, currently mentioned in Part IV of Annex I to Regulation (EU) No 1272/2009, is described in Part VIII of the said Annex. Following the work of the CEN, that method should be replaced by European standard EN 15585:2008. The abovementioned standard should be included and Part VIII of Annex I deleted.
(9) International reference method ISO 7971/2:1995 for determining the specific weight, currently mentioned in Part IV of Annex I to Regulation (EU) No 1272/2009, has been updated by European and international standard EN ISO 7971/3:2009. The standard in question should be included.
(10) This Regulation should apply from the date from which the provisions of Regulation (EU) No 1272/2009 become applicable to cereals.
(11) However, in order to enable the Member States to implement the amendments and updates introduced by this Regulation, in particular as regards impurities and references to standard EN 15587, a reasonable deadline should be set for the implementation of certain provisions. The amendments in question should therefore apply only from the marketing year 2011/12.
(12) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Regulation (EU) No 1272/2009 is amended as follows:
Article 7 is amended as follows:
the first indent of paragraph 2 is replaced by the following:
‘for cereals: in Annex I, Parts III, IV, V, VII and XII,’;
the following paragraph 3 is added:
‘3.To determine the quality of cereals offered for, or placed in, intervention, the methods to be used shall be those described in Annex I, established by the latest versions of the relevant European and/or international standards, as the case may be, in force on the first day of each marketing year.’.
Annex I is amended in accordance with the Annex to this Regulation.
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 July 2010.
However, Article 1(2), as regards point B of Part II, Part III, point (a) of Part IV and Part V of Annex I to Regulation (EU) No 1272/2009, shall apply from 1 July 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 August 2010.
For the Commission
The President
José Manuel Barroso
Annex I to Regulation (EU) No 1272/2009 is amended as follows:
Parts II to V are replaced by the following:
a of which maximum 3 % for impurities other than grains affected by fusariosis. | |||||
b As a percentage of dry matter. | |||||
“X” indicates analysis required without specific limit but content to be taken into account for maximum limits set in points 2 and 4 of the table. | |||||
“n.a.”: not applicable, not requiring analysis. | |||||
Durum wheat | Common wheat | Barley | Maize | Sorghum | |
---|---|---|---|---|---|
A. Maximum moisture content | 14,5 % | 14,5 % | 14,5 % | 13,5 % | 13,5 % |
B. Maximum percentage of matter which is not basic cereal of unimpaired quality | 12 % | 12 % | 12 % | 12 % | 12 % |
1. Broken grains | 6 % | 5 % | 5 % | 5 % | 5 % |
2. Grain impurities | 8,5 % | 7 % | 12 % | 5 % | 5 % |
2.1. Impurities other than mottled grains | 5 % | 7 % | 12 % | 5 % | 5 % |
(a) shrivelled grains | X | X | X | n.a. | n.a. |
(b) other cereals | 3 % | X | 5 % | X | X |
(c) grains damaged by pests | X | X | X | X | X |
(d) grains in which the germ is discoloured | X | X | n.a. | n.a. | n.a. |
(e) grains overheated during drying | 0,5 % | 0,5 % | 3 % | 0,5 % | 0,5 % |
2.2. Mottled grains | 3,5 % | n.a. | n.a. | n.a. | n.a. |
3. Sprouted grains | 4 % | 4 % | 6 % | 6 % | 6 % |
4. Miscellaneous impurities | 4,5 %a | 3 % | 3 % | 3 % | 3 % |
of which: | |||||
(a) extraneous seeds: | |||||
— noxious | 0,1 % | 0,1 % | 0,1 % | 0,1 % | 0,1 % |
— other | X | X | X | X | X |
(b) damaged grains | |||||
— grains damaged by spontaneous heating or too extreme heating during drying | 0,05 % | 0,05 % | X | X | X |
— grains affected with fusariosis | 1,5 % | X | X | X | X |
— other | X | X | X | X | X |
(c) extraneous matter | X | X | X | X | X |
(d) husks (cob fragments in the case of maize) | X | X | X | X | X |
(e) ergot | 0,05 % | 0,05 % | n.a. | n.a. | n.a. |
(f) decayed grains | X | X | n.a. | n.a. | n.a. |
(g) impurities of animal origin | X | X | X | X | X |
C. Maximum percentage of wholly or partially mitadiné grains | 27 % | n.a. | n a. | n.a. | n.a. |
D. Maximum tannin contentb | n.a. | n.a. | n.a. | n.a. | 1 % |
E. Minimum specific weight (kg/hl) | 78 | 73 | 62 | n.a. | n.a. |
F. Minimum protein contentb | 11,5 % | 10,5 % | n.a. | n.a. | n.a. |
G. Hagberg falling number (seconds) | 220 | 220 | n.a. | n.a. | n.a. |
H. Minimum Zeleny index (ml) | n.a. | 22 | n.a. | n.a. | n.a. |
Matter other than basic cereals of unimpaired quality is defined in Part III of this Annex.
Grains of basic cereals and other cereals which are damaged or decayed are classified as “miscellaneous impurities” even if they have defects which belong to other categories.
For durum wheat, common wheat and barley, the definition of “broken grains” is that contained in standard EN 15587.
For maize, “broken grains” means pieces of grain or grains which pass through a sieve with a circular mesh 4,5 mm in diameter.
For sorghum, “broken grains” means pieces of grain or grains which pass through a sieve with a circular mesh 1,8 mm in diameter.
For durum wheat, common wheat and barley, the definition of “shrivelled grains” is that contained in standard EN 15587. However, for barley from Estonia, Latvia, Finland and Sweden, “shrivelled grains” means grains with a specific weight of at least 64 kilograms per hectolitre offered for, or placed in, intervention in those Member States, grains which, after elimination of all other matter referred to in this Annex, pass through sieves with apertures of 2,0 mm.
“Shrivelled grains” does not apply to maize or sorghum.
For durum wheat, common wheat and barley, the definition of “other cereals” is that contained in standard EN 15587.
For maize and sorghum, “other cereals” means all grains of cultivated cereals which do not belong to the species of grain sampled.
For durum wheat, common wheat and barley, the definition of “grains damaged by pests” is that contained in standard EN 15587.
For maize and sorghum, “grains damaged by pests“ means all grains showing a visible deterioration attributable to attack by insects, rodents, mites or other grain pests.
For durum wheat and common wheat, the definition is that contained in standard EN 15587.
“Grains in which the germ is discoloured” does apply to barley, maize or sorghum.
For durum wheat, common wheat and barley, the definition of “grains overheated during drying” is that contained in standard EN 15587.
For maize and sorghum, “grains overheated during drying” are those which show external signs of scorching but which are not damaged grains.
For durum wheat, the definition of “mottled grains” is that contained in standard EN 15587.
“Mottled grains” does not apply to common wheat, barley, maize or sorghum.
For durum wheat, common wheat and barley, the definition of “sprouted grains” is that contained in standard EN 15587.
For maize and sorghum, “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. 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.
For durum wheat, common wheat and barley, the definition of “extraneous seeds” is that contained in standard EN 15587.
For maize and sorghum, “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 but which are not cereals, 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.
For durum wheat, common wheat and barley, the definition of “damaged grains” is that contained in standard EN 15587.
For maize and sorghum, “damaged grains” means grains which have become unusable for livestock feed on account of putrefaction, mildew (including fusariosis), or bacterial or other causes.
“Damaged grains” also includes grains damaged by spontaneous heat generation or too extreme heating during drying; such 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.
In standard EN 15587, for durum wheat, common wheat and barley, the definition of “grains affected by fusariosis” is included in that of “damaged grains”.
For durum wheat, common wheat and barley, the definition of “extraneous matter” is that contained in standard EN 15587.
For maize and sorghum, all matter in a sample which passes through a sieve with apertures of 1 mm, with the exception of live and dead insects, is considered to be extraneous matter.
For durum wheat and common wheat, the definition of “decayed grains” is that contained in standard EN 15587.
“Decayed grains” does not apply to barley, maize or sorghum.
Mitadiné grains of durum wheat are grains whose kernels cannot be regarded as entirely vitreous. They are also defined in standard EN 15585.
“Grain impurities” means shrivelled grains, grains of other cereals, grains damaged by pests, grains in which the germ is discoloured, mottled grains and grains overheated during drying.
“Miscellaneous impurities” means extraneous seeds, damaged grains (including grains affected by fusariosis), extraneous matter, husks, ergot, decayed grains and impurities of animal origin.
“Grain impurities” means shrivelled grains, grains of other cereals, grains damaged by pests, grains in which the germ is discoloured (only where the content exceeds 8 %) and grains overheated during drying.
“Miscellaneous impurities” means extraneous seeds, damaged grains (including grains affected by fusariosis), extraneous matter, husks, ergot, decayed grains and impurities of animal origin.
“Grain impurities” means shrivelled grains, grains of other cereals, grains damaged by pests and grains overheated during drying.
“Miscellaneous impurities” means extraneous seeds, damaged grains (including grains affected by fusariosis), extraneous matter, husks and impurities of animal origin.
“Grain impurities” means grains of other cereals, grains damaged by pests and grains overheated during drying.
“Miscellaneous impurities” means extraneous seeds, damaged grains (including grains affected by fusariosis), extraneous matter, cob fragments and impurities of animal origin.
“Grain impurities” means grains of other cereals, grains damaged by pests and grains overheated during drying.
“Miscellaneous impurities” means extraneous seeds, damaged grains (including grains affected by fusariosis), extraneous matter, husks and impurities of animal origin.
Pursuant to Article 7, the following methods are to be used to determine the quality of cereals offered for, or placed in, intervention:
the reference method for determining matter other than basic cereals of unimpaired quality:
for common wheat, durum wheat and barley: standard EN 15587,
for maize and sorghum: the method set out in Part V of this Annex;
the reference method for determining the moisture content:
for maize: standard EN ISO 6540,
for cereals other than maize: standard EN ISO 712, or
an infrared technology-based method.
In the event of a dispute, only the results of standard EN ISO 6540 for maize and EN ISO 712 for cereals other than maize are to considered valid;
the reference method for determining the tannin content of sorghum: standard ISO 9648;
the reference method for determining the non-stickiness and machinability of the dough obtained from common wheat: that set out in Part VII of this Annex;
the reference method for determining the protein content in durum wheat and ground common wheat: that set out in:
standard EN ISO 20483, or
standard CEN ISO/TS 16634-2.
In the event of a dispute, only the results obtained from applying standard EN ISO 20483 are to be considered valid;
the reference method for determining the Zeleny index of ground common wheat: that set out in standard EN ISO 5529;
the reference method for determining the Hagberg falling number (amylase activity test): that set out in standard EN ISO 3093;
the reference method for determining the rate of loss of the vitreous aspect of durum wheat: that set out in standard EN 15585;
the reference method for determining the specific weight: that set out in standard EN ISO 7971/3;
the sampling and analysis methods for establishing the rate of mycotoxins: those referred to in the Annex to Regulation (EC) No 1881/2006 and set out in Annexes I and II to Commission Regulation (EC)(3) No 401/2006
Using tweezers or a spatula, extract from the matter retained by the sieve with slotted perforations of 1,0 mm stones, sand, fragments of cob or straw and other extraneous matter.
Add the extraneous matter thus extracted to the matter which has passed through the sieve with slotted perforations of 1,0 mm and weigh them together.
Using a separator, separate the fraction retained by the sieve with slotted perforations of 1,0 mm to obtain a subsample of 100 to 200 g in the case of maize or 25 to 50 g in the case of sorghum. Weigh this subsample. Spread it out in a thin layer on a table. Using tweezers or a spatula, extract the other cereals, grains damaged by pests, grains overheated during drying, sprouted grains, extraneous seeds, damaged grains, husks and impurities of animal origin. In the case of sorghum, grains still attached to the husk must be separated from the husk, the latter constituting miscellaneous impurities. Then assess the state of the grain.
Sieve the subsample from which all impurities have been removed for 30 seconds in a sieve with circular mesh 4,5 mm in diameter in the case of maize and 1,8 mm in diameter in the case of sorghum. The matter which passes through this sieve is to be considered as broken grains.
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.
sample separator, for example a conical or riffle apparatus;
precision balance capable of weighing to an accuracy of 0,01 g (i.e. with a display precision of 0,001 g);
sieves with slotted perforations of 1,0 mm and sieves with a circular mesh 1,8 mm and 4,5 mm in diameter. The sieves may be fitted to a vibrating table. Sieves must conform to standard ISO 5223.’.
Parts VI and VIII are deleted.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i mabwysiadwyd gan yr UE): Mae'r wreiddiol version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Mae’r llinell amser yma yn dangos y fersiynau gwahanol a gymerwyd o EUR-Lex yn ogystal ag unrhyw fersiynau dilynol a grëwyd ar ôl y diwrnod ymadael o ganlyniad i newidiadau a wnaed gan ddeddfwriaeth y Deyrnas Unedig.
Cymerir dyddiadau fersiynau’r UE o ddyddiadau’r dogfennau ar EUR-Lex ac efallai na fyddant yn cyfateb â’r adeg pan ddaeth y newidiadau i rym ar gyfer y ddogfen.
Ar gyfer unrhyw fersiynau a grëwyd ar ôl y diwrnod ymadael o ganlyniad i newidiadau a wnaed gan ddeddfwriaeth y Deyrnas Unedig, bydd y dyddiad yn cyd-fynd â’r dyddiad cynharaf y daeth y newid (e.e. ychwanegiad, diddymiad neu gyfnewidiad) a weithredwyd i rym. Am ragor o wybodaeth gweler ein canllaw i ddeddfwriaeth ddiwygiedig ar Ddeall Deddfwriaeth.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys