Regulation (EEC) No 1727/70 of the Commission of 25 August 1970 on intervention procedure for raw tobacco

• Published date: 27 August 1970
• Subject Matter: Tobacco
• Official Gazette Publication: Gazzetta ufficiale delle Comunità europee, L 191, 27 agosto 1970,Journal officiel des Communautés européennes, L 191, 27 août 1970

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Regulation (EEC) No 1727/70 of the Commission of 25 August 1970 on intervention procedure for raw tobacco

Official Journal L 191 , 27/08/1970 P. 0005 - 0017
Finnish special edition: Chapter 3 Volume 3 P. 0071
Danish special edition: Series I Chapter 1970(II) P. 0521
Swedish special edition: Chapter 3 Volume 3 P. 0071
English special edition: Series I Chapter 1970(II) P. 0592
Greek special edition: Chapter 03 Volume 5 P. 0183
Spanish special edition: Chapter 03 Volume 4 P. 0030
Portuguese special edition Chapter 03 Volume 4 P. 0030

REGULATION (EEC) No 1727/70 OF THE COMMISSION of 25 August 1970 on intervention procedure for raw tobacco

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community;

Having regard to Council Regulation (EEC) No 727/70 (1) of 21 April 1970 on the common organisation of the market in raw tobacco, and in particular Articles 5 (6), 6 (10) and 15 thereof;

Whereas Council Regulation (EEC) No 1467/70 (2) of 20 July 1970 fixing certain general rules governing intervention for raw tobacco laid down in particular the procedure for selecting intervention centres, which were divided into collection centres and processing and storage centres;

Whereas the conditions under which intervention agencies take over raw tobacco and other detailed rules of application must be adopted in order to ensure the uniform administration of intervention measures;

Whereas tobacco should be offered for intervention in such a way as to ease as far as possible the task of intervention agencies ; whereas, therefore, the particulars to be supplied about the tobacco offered and the minimum quantities acceptable to the intervention agency should be laid down ; whereas, moreover, it may be necessary to provide for a higher minimum quantity in certain Member States to enable intervention agencies to take into account special circumstances prevailing therein;

Whereas it is in the interest of those offering tobacco that the offer be accepted and payment made with a minimum delay;

Whereas the intervention agencies must make sure that the baled tobacco offered to them has not benefited from the premium granted to purchasers of leaf tobacco ; whereas for this purpose they may take as a basis the certificate provided for in Commission Regulation (EEC) No 1726/70 (3) of 25 August 1970 on the procedure for granting the premium for leaf tobacco ; whereas provision should be made for such tobacco to be sent direct from the initial processing and packing firms to the intervention centres;

Whereas the intervention price, adjusted where necessary in accordance with the scale of price increases and reductions laid down in Articles 5 (3) and 6 (7) of Regulation (EEC) No 727/70, should be paid only for the actual weight of usable tobacco ; whereas that actual weight should be calculated for tobacco having a moisture content equal to that laid down for the reference quality of each variety and containing neither extraneous matter nor tobacco which does not satisfy the minimum quality characteristics, since in accordance with Article 5 of Regulation (EEC) No 1467/70 the latter may not be taken over by intervention agencies;

Whereas the minimum quality characteristics must be such as to exclude tobacco which cannot be used for various reasons, such as extensively damaged or badly preserved leaves with curing defects or excessive moisture content;

Whereas to fix the scales of price increases and reductions a classification by quality should be drawn up for each variety of leaf tobacco or baled tobacco for which an intervention price is fixed, each quality being defined on the basis of commercial practice and objective criteria ; whereas it is advisable to take into account for this purpose definitions laid down by law or those current in commercial practice prior to common organisation of the market in this sector ; whereas it is nevertheles necessary for the proper functioning of the common organisation to make certain amendments to those definitions with a view to their progressive harmonisation;

Whereas to facilitate the task of intervention centres provision should be made for the tobacco offered for (1)OJ No L 94, 28.4.1970, p. 1. (2)OJ No L 164, 27.7.1970, p. 1. (3)OJ No L 191, 27.8.1970, p. 1.

intervention to be presented in the same form as that adopted in the definition of the reference quality provided for in Annex I to Council Regulation (EEC) No 1464/70 (1) of 20 July 1970 fixing for leaf tobacco the target prices, intervention prices and reference qualities for the 1970 crop and in Annex I to Council Regulation (EEC) No 1465/70 (2) of 20 July 1970 fixing for baled tobacco the derived intervention prices and reference qualities for the 1970 crop;

Whereas, because tobacco is a natural product the curing, processing and storage of which differs according to variety and to regional climatic conditions, it may be necessary to adopt additional takeover conditions;

Whereas the Commission must be kept regularly informed of the quantities of tobacco taken over by the intervention agencies in order to assess the trend of the Community tobacco market and in particular any tendancy for the quantities of tobacco taken over to increase or decrease;

Whereas the measures laid down in this Regulation are in accordance with the Opinion of the Management Committee for Tobacco;

HAS ADOPTED THIS REGULATION:

Article 1

1. All offers for intervention shall be made in writing to an intervention agency. Offers shall include the following information: (a) variety and quality of the tobacco;

(b) net weight;

(c) intervention centre to which the tobacco is offered;

(d) where the tobacco is at the time of the offer;

(e) - where the tobacco was harvested;

- where the baled tobacco was first processed and packed;

(f) crop year.

2. Offers for intervention may only be made for a minimum quantity per variety of: (a) 100 kg for leaf tobacco;

(b) 2000 kg for baled tobacco.

The intervention agencies may, however, fix higher minimum quantities.

3. Acceptance of the offer by the intervention agency shall be given with the least possible delay together with the necessary particulars as to the place at which and the conditions under which the tobacco will be taken over.

Objections to these conditions may be made only within forty-eight hours of receipt of the acceptance.

4. Payment shall be made as soon as possible after takeover.

Article 2

Offers of baled tobacco for intervention shall be accepted only if: (a) they are accompanied...