TITLE IIPROCEDURE OF BUYING-IN
CHAPTER IVTakeover, initial controls and sampling
Article 31Conditional takeover
1
The date of conditional takeover shall be:
a
for cereals, rice, butter and skimmed milk powder on the day on which the whole quantity entered the storage place designated but not earlier than the day following that on which the delivery order was issued;
b
for each consignment of beef as referred to in Article 27, on the day of entrance at the weighing point of the intervention storage place's cutting plant.
2
The intervention agency may decide that the takeover of cereals, rice, butter or skimmed milk powder may take place in the storage place where the products are held at the time the offer or tender is submitted, provided that the storage place fulfils the requirements laid down in Article 3 and, in respect of cereals and rice, that it has been approved in accordance with Article 2(3). In that case, conditional takeover takes place on the day following the issue of the delivery order.
3
The products shall be taken over by the intervention agency or its representative, who has to be a person who is independent from the offerer or tenderer.
Article 32Control measures
1
Without prejudice to the checks required by this Regulation for the takeover of products, 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
For cereals, where the checks provided are to be carried out on the basis of the risk analysis referred to in Part I third subparagraph of Annex I to this Regulation, the Member States 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
For cereals and rice, where the storage place indicated in accordance with Article 10(1)(a)(iii) is in a Member State other than that where the offer or tender is submitted, and the intervention agency that received the offer or tender decides to make an on-site check to verify the effective presence of the products, this agency shall send a request for a check and a copy of the offer or tender to the intervention agency responsible for that storage place. The on-site check shall be carried out within the period set by the intervention agency that received the offer or tender.
4
Provisions relating to checks laid down in the Annexes to this Regulation may be amended in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007, notably if the market situation is seriously disrupted by contaminants or where the control of the level of the radioactive contamination of products requires specific monitoring.
5
The tenderer or offerer shall bear the costs relating to the tests carried out for cereals, in accordance with the methodology referred to in Annex I, Part XII, as follows:
- (i)
determination of the tannin content of sorghum;
- (ii)
the amylasic activity (Hagberg) test;
- (iii)
determination of the protein content of durum wheat and common wheat;
- (iv)
the Zeleny test;
- (v)
the machinability test;
- (vi)
analyses of contaminants.
6
In cases of dispute concerning the results, the tenderer or offerer shall bear the costs relating to the necessary relevant tests carried out again, only if he is the losing party.
Article 33Specific provisions for the takeover in storage place of the storekeeper for cereals and rice
1
If the takeover of cereals or rice takes place at the storage place where the products are held at the time the offer or tender is submitted, the quantity taken over shall be established on the basis of the stock records, which shall fulfil professional standards which allow to guarantee compliance with Community legislation, in particular Annex II to Regulation (EC) No 884/2006, and provided that:
a
the stock records show:
- (i)
the weight recorded on weighing carried out within a period of no more than 10 months before the takeover;
- (ii)
the physical quality characteristics at the time of weighing and, in particular, the moisture content;
- (iii)
trans-silages if any, and treatments carried out;
b
the storekeeper declares that the lot offered corresponds in all respects to the details contained in the stock records;
c
the quality characteristics established at the time of weighing are the same as those of the representative sample made up from the samples taken by the intervention agency or its representative at a rate of one for every 60 tonnes.
2
If paragraph 1 applies, the weight to be recorded, in accordance with article 5 of Regulation (EC) No 884/2006, shall be that entered in the stock records, adjusted, where appropriate, to take account of any difference between the moisture content and/or the percentage of miscellaneous impurities (Schwarzbesatz) recorded at the moment of weighing and those determined on the basis of the representative sample. A difference between the percentages of miscellaneous impurities may only be taken into account to reduce the weight entered in the stock records.
Within 45 days of takeover the intervention agency shall make a further volumetric check. The difference between the quantity determined by weighing and the quantity estimated in accordance with the volumetric method may not exceed 5 %.
Where the tolerance is not exceeded, the storekeeper shall bear all costs relating to any difference observed, at a later weight check, from the weight entered in the accounts on takeover.
Where the tolerance is exceeded, the cereals or rice shall be weighed forthwith. The costs of weighing shall be borne by the storekeeper, where the weight determined is less than that recorded, or by the European Agricultural Guarantee Fund, where it is more, account being taken of the tolerances provided for in paragraph 1 of Annex XI of Regulation (EC) No 884/2006.
Article 34The takeover record
1
The takeover record shall be issued by the intervention agency after the checks and analyses have established that the requirements laid down in Article 7 have been fulfilled, at the latest 60 days following the final date for the delivery of the products referred to in Article 25(b). It shall indicate:
a
the date on which the quantity and minimum characteristics were checked;
b
the weight delivered and for rice the variety;
c
the number of samples taken to make up the representative sample for cereals and rice;
d
the characteristics of the products as resulting from the analyses;
e
the entity responsible for the analyses and the results;
f
the date of conditional takeover as referred to in Article 31(1);
g
if applicable, for cereals and rice, the quantities that have not been taken over. In this case, the offerer or tenderer shall be notified accordingly.
2
The record shall be dated and sent to the offerer or tenderer and to the storekeeper.
However, this record may be registered in the accounting system of the intervention agency and sent by electronic means.
Article 35Obligations of the offerer or tenderer
1
Where the checks show that the products do not meet the requirements set out in Article 7, the offerer or tenderer shall:
a
take back at his expense the products concerned,
b
pay the associated costs from the date of entry of the products into the storage place until the date of their removal from storage.
The costs to be paid by the offerer or tenderer shall be determined on the basis of standard amounts for entry, removal and storage costs in accordance with Article 4(1) of Regulation (EC) No 884/2006.
2
In cases where the analyses and controls do not allow the cereals or rice offered to be accepted for intervention, the offerer or tenderer may replace the quantity that does not meet the requirements. In that case, the intervention agency may change the date for delivery, without prejudice to the final date for delivery laid down in Article 26(2).
Article 36Specific condition for beef — boning requirement
The intervention agency shall have all the beef bought-in boned in accordance with Part IV of Annex III.