31969R1403

Official Journal of the European Communities 345

22.7.69 Official Journal of the European Communities No L 180/3

REGULATION (EEC) No 1403/69 OF THE COMMISSION

of 18 July 1969

laying down detailed rules for the application of the provisions concerning denaturing of common wheat and rye of bread-making quality

THE COMMISSION OF THE EUROPEAN COM­ application of this method throughout the MUNITIES, Community ; Whereas, in order to allow more undertakings to Having regard to the Treaty establishing the make use of denaturing by admixture, the minimum European Economic Community; quantity of 60 metric tons for thirty days previously Having regard to Council Regulation No fixed for denaturing by admixture should be reduced ; 120/67/EEC1 of 13 June 1967 on the common whereas, however, either a daily or a monthly organisation of the market in cereals, as last amended minimum should be maintained, in order that by Regulation (EEC) No 1396/69,2 and in particular quantity conditions may be in keeping with the Article 7 (5 ) thereof; facilities for supervision existing in Member States ; Whereas denaturing is intended to support the Whereas difficulties, in particular of a technical market for products unable to find their normal nature, occurring during the denaturing process may outlets; whereas it should be used only to the extent prevent a denaturer from reaching the minimum necessary to support the market in cereals of quantity fixed in pursuance of Article 3 of Regulation bread-making quality; whereas common wheat and No 172/67/EEC; whereas, these difficulties being rye whose natural characteristics are such that they beyond his control, the premium for the quantity of cannot in any case be used except as fodder should cereals which he has actually denatured should in therefore not be supported; whereas, therefore, in such cases be paid to him; order to exclude these cereals, quality criteria for Whereas the measures provided for in this Regulation denaturing should be determined in accordance with are in accordance with the Opinion of the Article 3 of Council Regulation No 172/67/EEC3 of Management Committee for Cereals; 27 June 1967 on general rules governing the denaturing of wheat and rye of bread-making quality, as last amended by Regulation (EEC) No 2096/684; HAS ADOPTED THIS REGULATION: whereas in fixing these criteria particular account should be taken of climatic differences in the various Article 1 regions of the Community; The standard method of denaturing common wheat Whereas the amount of the premium granted for and rye of bread-making quality provided for in denaturing common wheat should be so calculated Article 2 (2) of Regulation No 172/67/EEC shall be that placing denatured common wheat on the market as described in Annex I. does not disturb the market in barley, with which it becomes competitive; whereas this premium should, In the case of denaturing by colouring, the standard moreover, enable the costs incurred by denaturing to method only shall be used. be covered whatever method is used; In the case of denaturing otherwise than by Whereas experience shows that it is advisable to colouring, the njeans used must be at least as reliable maintain, as a standard method, the method of as the standard method. denaturing previously used and, in the case of denaturing by colouring, to ensure uniform Article 2

1 OJ No 117, 19.6.1967, p. 2269/67. Cereals denatured by intervention agencies or 2 OJ No L 179, 21.7.1969, p. 5. qualifying for a denaturing premium shall be of 3 OJ No 130, 28.6.1967, p. 2602/67. sound and fair marketable quality. For acceptance as 4 OJ No L 308, 23.12.1968, p. 12. sound and fair marketable quality for the purposes of

346 Official Journal of the European Communities

this Regulation, the cereals shall be free from odour increase shall be calculated by applying the and : percentages shown in Annex II to the basic intervention price for common wheat valid at the ( a) have a specific weight, in the case of common beginning of the marketing year. wheat, of not less than a weight fixed by the intervention agencies at between 70 and 73 kg/hi, 3 . The granting of a denaturing premium shall be according to region ; subject to supervision by the intervention agency of ( b ) have a specific weight, in the case of rye, of at the process of denaturing of common wheat, or of its least 66 kg/hi; admixture, unaltered, with compound feeding-stuffs falling within heading No 23.072 of the Common ( c) have a moisture content in the case of common Customs Tariff. The duration of the denaturing wheat of between 14 and 18% , according to process shall not exceed one day per 40 metric tons region, and in the case of rye of 18% ; of cereals processed. (d) contain a percentage not exceeding : The duration of the process of admixture, unaltered, with compound feeding-stuffs shall not exceed thirty — 8% of sprouted grains, days per 50 metric tons or one working day of eight — 3% of other cereals, hours per 20 metric tons of cereals processed. The — 3% of various impurities, intervention agency of each Member State shall decide which of these two minimum quantities shall the sum of these components not to exceed 10% . be applied to the processes under their supervision.

Article 3 Article 5

Common wheat and rye of bread-making quality The denaturing premium shall be paid only if the shall after denaturing be disposed of by intervention conditions laid down in Article 4 (3 ) are fulfilled. If, agencies in accordance with the conditions laid down however, as a result of a technical difficulty giving in Article 3 of Regulation No 132/67/EEC1 of 13 rise to an interruption of the process recorded under June 1967 laying down general rules for intervention the supervision . provided for in that paragraph the on the market in cereals . minimum quantity for the day has not been denatured or admixed, the denaturing premium shall Article 4 be paid on the quantity actually denatured or admixed during that day. 1 . The denaturing premium shall consist of two components, namely : Article 6 — one allowing for the differences between prices for common wheat and for barley, Commission Regulation (EEC) No 956/683 of 12 July 1968 laying down further detailed rules for the — the other allowing for the technical costs of application of the provisions for denaturing common denaturing or the special costs of admixture, fixed wheat and rye of bread-making quality, as amended at a flat rate. by Regulation (EEC) No 2086/68,4 is hereby repealed. 2. When common wheat to be denatured has a specific weight exceeding 77 kg/hi the denaturing This Regulation shall enter into force on 1 August 1969 . premium shall be increased. The amount of such an

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 July 1969. For the Commission The President Jean REY

1 OJ No 120, 21.6.1967, p. 2364/67. 2 See Customs Co-operation Council, Explanatory Notes to the Brussels Nomenclature, Volume I, Section IV, heading No 23.07, p. 159. 3 OJ No L 164, 13.7.1968, p. 9. 4 OJ No L 307, 21.12.1968, p. 13.

Official Journal of the European Communities 347

ANNEX 1

Standard method for denaturing common wheat and rye of bread-making quality

1 . Dissolve either 30 grammes of colouring matter of 85% concentration or 51 grammes of colouring matter of 50% concentration of Patented Blue V (Schultz No 826, EEC No E 131 )1 in at least 2-5 litres and at most 3 litres of pure water.

2. Colour 100 kilogrammes of wheat from the quantity to be denatured with the amount of solution prepared in accordance with paragraph 1.

3 . Mix 80 kilogrammes of cereals to be denatured with at least 20 kilogrammes of grains coloured as indicated in 2, so that they are uniformly dispersed in the total mass.

1 The definition of Patented Blue V is given in the Council Directive on the approximation of rules of Member States on colouring matters for use in foodstuffs intended for human consumption (OJ No 115 of 11.11.1962 , p. 2645/62). Patented Blue V of 50% concentration is marketed in the Federal Republic of Germany as 'Lebensmittelblau Nr. 3 '.

ANNEX 11

Percentage increase for differences in specific weight

Specific weight of common wheat to the hectolitre (in kg/hi) Percentage increase

77-001 — 78 0-50 78-001 — 79 1-00 79-001 — 80 1-50 more than 80 2-00