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Commission Regulation (EU) No 1272/2009 (repealed)Show full title

Commission Regulation (EU) No 1272/2009 of 11 December 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Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (repealed)

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  1. Introductory Text

  2. TITLE I COMMON RULES AND CONDITIONS RELATED TO PUBLIC INTERVENTION

    1. CHAPTER I Scope, definition and approval of intervention centres and storage places

      1. Article 1.Scope and definition

      2. Article 2.Designation and approval of intervention centres and storage places

      3. Article 3.Requirements for intervention centres and storage places

    2. CHAPTER II Access to public intervention

      1. Article 4.Eligibility of operators

      2. Article 5.Procedure for submitting offers or tenders

  3. TITLE II PROCEDURE OF BUYING-IN

    1. Article 6.Type of procedure for buying-in

    2. CHAPTER I General rules

      1. Section I Common conditions for buying-in

        1. Article 7.Eligibility of products

        2. Article 8.Minimum quantities of products offered

        3. Article 9.Security

        4. Article 10.Conditions for submission and admissibility of offers and tenders

        5. Article 11.Verification of offers or tenders by the intervention agency

      2. Section II Specific conditions for buying-in at fixed price

        1. Article 12.Procedure for buying-in of products at fixed price

        2. Article 13.Notifications to the Commission

        3. Article 14.Measures for respecting the intervention ceilings

      3. Section III Specific conditions for buying-in via a tendering procedure

        1. Article 15.Procedure for buying-in of products via a tendering procedure

        2. Article 16.Tendering procedure

        3. Article 17.Submission and admissibility of tenders

        4. Article 18.Notification of the tenders to the Commission

        5. Article 19.Decisions on the basis of tenders

        6. Article 20.Individual decisions on tenders

        7. Article 21.Specific criteria in the beef sector

        8. Article 22.Limitation of buying-in for beef

    3. CHAPTER II Primary requirements and release or forfeiture of the security

      1. Article 23.Primary requirements

      2. Article 24.Release and forfeiture of the security

    4. CHAPTER III Common rules for deliveries

      1. Section I Deliveries

        1. Article 25.Deliveries and delivery orders

        2. Article 26.Specific provisions for the delivery of cereals and rice

        3. Article 27.Specific provisions for the delivery of beef

        4. Article 28.Specific provisions for the delivery of butter and skimmed milk powder

      2. Section II Transport costs

        1. Article 29.Transport costs for cereals and rice

        2. Article 30.Transport costs for butter and skimmed milk powder

    5. CHAPTER IV Takeover, initial controls and sampling

      1. Article 31.Conditional takeover

      2. Article 32.Control measures

      3. Article 33.Specific provisions for the takeover in storage place of the storekeeper for cereals and rice

      4. Article 34.The takeover record

      5. Article 35.Obligations of the offerer or tenderer

      6. Article 36.Specific condition for beef — boning requirement

    6. CHAPTER V Intervention price, buying-in price and payments

      1. Article 37.Buying-in price for beef

      2. Article 38.Intervention prices and buying-in price for cereals and rice

      3. Article 39.Payments

  4. TITLE III PROCEDURE OF SALE OF PRODUCTS FROM INTERVENTION

    1. CHAPTER I Tendering procedure

      1. Article 40.Opening of the tendering procedure

      2. Article 41.Notice of invitation to tender and arrangements related to the invitation to tender

      3. Article 42.Submission and admissibility of tenders

      4. Article 43.Quantity per tender

      5. Article 44.Securities

      6. Article 45.Notification of the tenders to the Commission

      7. Article 46.Decision on the basis of the tenders

      8. Article 47.Individual decisions on tenders

      9. Article 48.Specific rules for the allocation of dairy products and beef

      10. Article 49.Payments

      11. Article 50.Sales by Member States

    2. CHAPTER II Removal from the storage place

      1. Article 51.Removal order

      2. Article 52.Removal of butter and skimmed milk powder

    3. CHAPTER III Primary requirements and release or forfeiture of the security

      1. Article 53.Primary requirements

      2. Article 54.Release and forfeiture of the security

  5. TITLE IV PROVISIONS CONCERNING NOTIFICATIONS

    1. Article 55.Intervention agencies and centres for cereals and rice

    2. Article 56.Weekly notifications for cereals and rice

    3. Article 57.Monthly notifications

    4. Article 58.Method applicable to notification obligations

  6. TITLE V AMENDMENTS, REPEALS AND FINAL PROVISIONS

    1. Article 59.Amendment to Regulation (EC) No 562/2005

    2. Article 60.Repeals

    3. Article 61.Entry into force

  7. Signature

    1. ANNEX I

      CEREALS

      1. PART I Eligibility criteria for cereals

      2. PART II Minimum quality requirements referred to in Part I

      3. PART III

        1. 1. DEFINITION OF MATTER OTHER THAN BASIC CEREALS OF UNIMPAIRED QUALITY...

          1. 1.1. Broken grains

          2. 1.2. Grain impurities

            1. (a) Shrivelled grains

            2. (b) Other cereals

            3. (c) Grains damaged by pests

            4. (d) Grains in which the germ is discoloured

            5. (e) Grains overheated during drying

            6. (f) Mottled grains

          3. 1.3. Sprouted grains

          4. 1.4. Miscellaneous impurities

            1. (a) Extraneous seeds

            2. (b) Damaged grains

            3. (c) Extraneous matter

            4. (d) Husks (cob fragments in the case of maize).

            5. (e) Ergots

            6. (f) Decayed grains

            7. (g) Impurities of animal origin.

          5. 1.5. Live pests

          6. 1.6. Mitadiné grains

        2. 2. SPECIFIC FACTORS TO TAKE INTO CONSIDERATION FOR EACH TYPE OF...

          1. 2.1. Durum wheat

          2. 2.2. Common wheat

          3. 2.3. Barley

          4. 2.4. Maize

          5. 2.5. Sorghum

      4. PART IV Methods used for determining the quality of cereals offered for, or placed in, intervention

      5. PART V

        1. Reference method for determining matter other than basic cereals of...

          1. 1. Shake an average sample of 500 g in the case...

          2. 2. Groups of matter other than basic cereals of unimpaired quality,...

          3. 3. The apparatus to be used for the operations referred to...

      6. PART VI Standard method of testing for moisture content

        1. 1. Principle

        2. 2. Scope

        3. 3. Apparatus

        4. 4. Procedure

          1. Drying

        5. 5. Method of calculation and formulae

        6. 6. Repetition

      7. PART VII Method for determining the non-stickiness and machinability of the dough obtained from common wheat

        1. 1. Title

        2. 2. Scope

        3. 3. Principle

        4. 4. Ingredients

          1. 4.1. Yeast

          2. 4.2. Tap water

          3. 4.3. Sugar-salt-ascorbic acid solution

          4. 4.4. Sugar solution

          5. 4.5. Enzyme active malt flour

        5. 5. Equipment and apparatus

          1. 5.1. Baking room

          2. 5.2. Refrigerator

          3. 5.3. Balance

          4. 5.4. Balance

          5. 5.5. Analytical balance

          6. 5.6. Mixer

          7. 5.7. Proving cabinet

          8. 5.8. Open plastic boxes

          9. 5.9. Square plastic sheets

          10. 5.10. Moulder

        6. 6. Sampling

        7. 7. Procedure

          1. 7.1. Determination of water uptake

          2. 7.2. Determination of malt flour addition

          3. 7.3. Reactivation of active dry yeast

          4. 7.4. Temperature adjustment of the flour and the dough liquid

          5. 7.5. Dough composition

          6. 7.6. Mixing

          7. 7.7. Dividing and rounding

          8. 7.8. Moulding

        8. 8. Test report

        9. 9. General remarks

          1. 9.1. The formula for the calculation of the quantity of dough...

          2. 9.2. The method is not directly applicable to wheat. The procedure...

      8. PART VIII Determination of the rate of loss of vitreous aspect

        1. 1. Principle

        2. 2. Equipment and apparatus

        3. 3. Procedure

        4. 4. Expression of results

        5. 5. Result

      9. PART IX Price increases and reductions

      10. PART X Practical method for determining the reduction to be applied to the price of sorghum by intervention agencies

        1. 1. Basic data

        2. 2. Calculation of the reduction

      11. PART XI Calculation of prices increases and reductions

      12. PART XII Methodology of sampling and analyses for cereals

        1. 1. For each lot of cereals, the quality characteristics shall be...

        2. 2. The intervention agency shall analyse under its responsibility the characteristics...

        3. 3. The reference methods to be used for determining the quality...

        4. 4. The results of the analyses are communicated to the tenderer...

        5. 5. In cases of dispute, the intervention agency shall have the...

    2. ANNEX II

      RICE

      1. PART I Eligibility criteria for paddy rice

      2. PART II Prices increases and reductions

        1. 1. The price increases and reductions provided for in Article 38...

        2. 2. The price increases and reductions referred to in point 1...

      3. PART III Criteria for milling yield

        1. 1. Basic milling yield

        2. 2. Price increases and reductions relating to milling yield

      4. PART IV Maximum percentages

      5. PART V Price reductions for defective grains

      6. PART VI Methodology of sampling and analyses for paddy rice

        1. 1. With a view to verifying the quality requirements as laid...

        2. 2. Representative samples shall be taken of each part-delivery (by lorry,...

        3. 3. The control of the radioactivity level is performed only if...

        4. 4. The results of the analyses are communicated to the offerer...

        5. 5. In cases of dispute, the intervention agency shall have the...

    3. ANNEX III

      BEEF

      1. PART I Eligibility criteria for beef

        1. 1. The products listed in Part V of this Annex and...

        2. 2. Carcases and half-carcases may be bought in only where they:...

        3. 3. Carcases and half-carcases may be bought in only where they...

      2. PART II Conversion coefficients

      3. PART III Conditions and controls for taking over

        1. 1. Products shall be delivered in consignments of a quantity between...

        2. 2. Where no preliminary inspection is conducted immediately before loading at...

        3. 3. A preliminary inspection may be conducted immediately before loading at...

        4. 4. Preliminary inspection and acceptance of the products offered for intervention...

        5. 5. The requirements regarding identification, delivery and controls for the takeover...

        6. 6. Where more than 20 % of a consignment presented is...

      4. PART IV Boning

        1. I. General conditions governing boning

          1. 1. Boning may only be carried out in cutting plants registered...

          2. 2. Boned cuts must meet the conditions laid down in Regulation...

          3. 3. Boning may not commence before takeover of the consignment concerned...

          4. 4. No other meat may be present in the cutting room...

          5. 5. All boning activities shall take place between 7 a.m. and...

        2. II. Contracts and specifications

          1. 1. Boning shall be carried out under contract on terms laid...

          2. 2. The specifications of the intervention agencies shall lay down the...

        3. III. Monitoring of boning

          1. 1. The intervention agencies shall ensure that continuous physical monitoring is...

          2. 2. Forequarters and hindquarters must be boned separately. In respect of...

        4. IV. Special conditions governing boning

          1. 1. During boning, trimming and packing prior to freezing, the internal...

          2. 2. All labels and foreign matter must be totally removed immediately...

          3. 3. All bones, tendons, cartilage, neckstrap and backstrap (paddywack) (ligamentum nuchae)...

          4. 4. Large blood vessels and clots and soiled areas must be...

        5. V. Packing of cuts

          1. 1. Cuts shall be packed immediately after boning in such a...

          2. 2. Polyethylene used to line cartons and polyethylene sheet or bags...

          3. 3. Cartons, pallets and cages used must meet the conditions laid...

        6. VI. Storage of cuts

        7. VII. Costs of boning

        8. VIII. Time limits

        9. IX. Rejection of products

          1. 1. Where the checks specified in Section III, point 1 to...

          2. 2. When, on the basis of point 1, less than 20...

          3. 3. By way of derogation from points 1 and 2, where...

      5. PART V Classification of products

      6. PART VI Provisions applicable to carcases, half-carcases and quarters

        1. 1. Carcases and half-carcases, fresh or chilled (CN code 0201), of...

        2. 2. For the purposes of this Regulation, the following definitions apply:...

        3. 3. Products as specified in points 1 and 2 must come...

        4. 4. Products as specified in point 2(c) and (d) must come...

        5. 5. Products as specified in points 1 and 2 must be...

      7. PART VII Coefficients referred to in Article 21(3)

        1. Formula A

        2. Formula B

      8. PART VIII Specifications for intervention boning

        1. 1. HINDQUARTER CUTS

          1. 1.1. Description of cuts

            1. 1.1.1. Intervention shank (code INT 11)

            2. 1.1.2. Intervention thick flank (code INT 12)

            3. 1.1.3. Intervention topside (code INT 13)

            4. 1.1.4. Intervention silverside (code INT 14)

            5. 1.1.5. Intervention fillet (code INT 15)

            6. 1.1.6. Intervention rump (code INT 16)

            7. 1.1.7. Intervention striploin (code INT 17)

            8. 1.1.8. Intervention flank (code INT 18)

            9. 1.1.9. Intervention fore-rib (five bone) (code INT 19)

        2. 2. FOREQUARTER CUTS

          1. 2.1. Description of cuts

            1. 2.1.1. Intervention shin (code INT 21)

            2. 2.1.2. Intervention shoulder (code INT 22)

            3. 2.1.3. Intervention brisket (code INT 23)

            4. 2.1.4. Intervention forequarter (code INT 24)

        3. 3. VACUUM-PACKING OF CERTAIN INDIVIDUAL CUTS

      9. PART IX Provisions applicable to cartons, pallets and cages

        1. I. Cartons

          1. 1. Cartons shall correspond to commercial standards and weight and be...

          2. 2. Cartons used may not show the name of the slaughterhouse...

          3. 3. Cartons must be weighed individually after being filled; cartons filled...

          4. 4. The net weight of cuts per carton may not exceed...

          5. 5. Only cuts of the same designation identified by their full...

          6. 6. Cartons must be sealed:

          7. 7. The intervention agency labels must show the number of the...

          8. 8. The serial numbers on labels referred to in point 6...

          9. 9. Cartons must be bound with four straps, two lengthwise and...

          10. 10. Labels torn during inspection must be replaced by serially numbered...

        2. II. Pallets and cages

          1. 1. Cartons relating to different invitations to tender and containing different...

          2. 2. The location of pallets and cages must be shown on...

      10. PART X Individual prices of rejected intervention cuts for the purposes of the first and second subparagraphs of Part IV, Section IX(2) of this Annex

      11. PART XI Checks on products

        1. 1. The intervention agencies shall ensure that meat covered by this...

        2. 2. The storage temperature may not rise above - 17 oC....

        3. 3. Member States shall take all measures necessary to ensure satisfactory...

        4. 4. During storage, the competent authorities shall conduct regular checks on...

        5. 5. The competent authorities shall take the necessary measures as regards...

    4. ANNEX IV

      BUTTER

      1. PART I Eligibility criteria for butter

        1. 1. The intervention agency shall buy in only butter which meets...

        2. 2. The criteria for approving the undertakings referred to in Article...

        3. 3. The intervention agency shall check the quality of butter using...

        4. 4. Levels of radioactivity in butter may not exceed the maximum...

        5. 5. The butter shall have been made during the 31 days...

        6. 6. Where butter is offered to intervention in a Member State...

        7. 7. Where the Member State of production has performed the checks...

      2. PART II Taking over and initial controls for butter

        1. 1. The butter shall be put through a trial storage period....

        2. 2. The intervention agency shall require that the butter be placed...

      3. PART III Criteria for the approval of undertakings referred to in Article 10(1)(e) and (f) of Regulation (EC) No 1234/2007 (common part for butter and skimmed milk powder)

        1. 1. Undertakings as referred to in Article 10(1)(e) and (f) of...

        2. 2. To ensure compliance with this Regulation, the competent body shall...

        3. 3. Approval shall be withdrawn if the preconditions laid down in...

        4. 4. A report shall be drawn up on the inspections carried...

      4. PART IV Compositional requirements, quality characteristics and analytical methods

      5. PART V Sampling for chemical and microbiological analysis and sensory evaluation

        1. 1. Chemical and microbiological analysis

        2. 2. Sensory evaluation

        3. 3. Guidelines to be followed where samples show defects

    5. ANNEX V

      SKIMMED MILK POWDER

      1. PART I Eligibility criteria for skimmed milk powder

        1. 1. The intervention agency shall buy-in only skimmed milk powder which...

        2. 2. The criteria for approving the undertakings referred to in Article...

        3. 3. The intervention agencies shall check the quality of skimmed-milk powder...

        4. 4. Radioactivity levels in the skimmed-milk powder may not exceed the...

        5. 5. The skimmed-milk powder must have been manufactured during the 31...

        6. 6. Where skimmed-milk powder is offered for intervention in a Member...

      2. PART II Taking over and initial controls for skimmed milk powder

      3. PART III Criteria for the approval of undertakings referred to in Article 10(1)(e) and (f) of Regulation (EC) No 1234/2007

      4. PART IV Compositional requirements, quality characteristics and analytical methods

      5. PART V Conditions of packaging

        1. 1. The skimmed-milk powder shall be packed in new, clean, dry...

        2. 2. The bags shall have at least three layers, which together...

        3. 3. Bags shall conform to standard EN 770.

        4. 4. When filling, the powder should be well pressed down. Loose...

      6. PART VI Sampling and analysis of skimmed-milk powder offered for intervention

        1. 1. Samples shall be taken in accordance with the procedure laid...

        2. 2. Number of packages to be selected for sampling checks:

        3. 3. Weight of sample: samples of at least 200 g are...

        4. 4. Grouping of samples: no more than nine samples are to...

        5. 5. Analysis of samples: each global sample is to undergo an...

        6. 6. Where samples show defects:

  9. ATTACHMENTS

    1. List of Annexes

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