
Article 1 
Regulation (EC) No 824/2000 is hereby amended as follows:

1.. The first paragraph of Article 1 is replaced by the following:
'During the periods referred to in Article 5(2) of Regulation (EC) No 1784/2003, any holder of a homogeneous batch of not less than 80 tonnes of common wheat, barley, maize or sorghum or 10 tonnes of durum wheat, harvested within the Community, shall be entitled to offer the batch to the intervention agency.'
2.. The first and second subparagraphs of Article 2(2) are replaced by the following:
'The cereals shall be considered sound, fair and of marketable quality if they are of the typical colour of the cereal in question, are free from abnormal smell and live pests (including mites) at every stage of their development, if they meet the minimum quality requirements set out in Annex I hereto, and if their levels of contaminants, including radioactivity, do not exceed the maximum levels permitted under Community regulations. The maximum contaminant level which must not be exceeded shall be as follows:
— for common wheat and durum wheat, those permitted under Council Regulation (EEC) No 315/93, including the requirements regarding the Fusarium-toxin level for common wheat and durum wheat laid down in points 2.4 to 2.7 of Annex I to Commission Regulation (EC) No 466/2001.
— for barley, maize and sorghum, those set by Directive 2002/32/EC of the European Parliament and of the Council.Member States shall check levels of contaminants, including radioactivity, on the basis of a risk analysis, taking account in particular of the information supplied by the applicant and the commitments of the latter regarding compliance with the standards set, especially in the light of the results of the analyses. If necessary, the rate and scope of the controls shall be determined in accordance with the procedure laid down in Article 25 of Regulation (EC) No 1784/2003, particularly where the market situation may be seriously disrupted by contaminants.'
3.. Article 3 is amended as follows:

((a)) point 3.7 is replaced by the following:
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3.7. the method for determining the Hagberg falling number (amylase activity test) shall comply with ISO 3093:2004;'
((b)) the following point 3.10 is added:
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3.10. the sampling methods and reference analysis methods for determining mycotoxin rates shall be those mentioned in Annex I to Regulation (EC) No 466/2001'.
4.. Article 6 is replaced by the following:
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Article 6 

1. The intervention agency shall see that the physical and technical characteristics of the samples taken are analysed under its responsibility within 20 working days of the representative sample being made up.
2. The offerer shall bear the costs relating to:
(a) determination of the tannin content of sorghum,
(b) the amylasic activity (Hagberg) test,
(c) determination of the protein content of durum wheat and common wheat,
(d) the Zeleny test,
(e) the machinability test,
(f) analyses of contaminants.
3. If the analyses referred to in paragraph 1 show that the cereals offered do not meet the minimum quality required for intervention, those cereals shall be withdrawn at the offerer's expense. The offerer shall also bear all the costs incurred.
4. In cases of dispute, the intervention agency shall have the necessary tests on the cereals in question carried out again, the cost being met by the losing party.'
5.. Article 9 is amended as follows:

((a)) Points (c) and (d) shall be replaced by the following:
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((c)) where the percentage of broken grains exceeds 3 % for durum wheat, common wheat and barley, and 4 % for maize and sorghum, a reduction of EUR 0,05 shall be applied for each additional 0,1 percentage point;
((d)) where the percentage of grain impurities exceeds 2 % for durum wheat, 4 % for maize and sorghum, and 5 % for common wheat and barley, a reduction of EUR 0,05 shall be applied for each additional 0,1 percentage point;'
((b)) Point (f) is replaced by the following:
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((f)) where the percentage of miscellaneous impurities (Schwarzbesatz) exceeds 0,5 % for durum wheat and 1 % for common wheat, barley, maize and sorghum, a reduction of EUR 0,1 shall be applied for each additional 0,1 precentage point.'
6.. The following paragraph 3 is added to Article 10:
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3. Where the checks provided for under this Regulation are to be carried out on the basis of the risk analysis referred to in the second subparagraph of Article 2(2), the Member States shall be liable for the financial consequences of any failure to comply with the maximum admissible contaminant level. Such liability shall be established, without prejudice to any action which the Member State may itself take against the offerer or storekeeper, in the event of a failure to respect their commitments or obligations.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.'
7.. In Annex I, the ‘rye’ column is deleted.
8.. Annex II is amended as follows:

((a)) In point 1.2(a), the first paragraph is replaced by the following:
‘grains which, after elimination from the sample of all other matter referred to in this Annex, pass through sieves with apertures of the following dimensions: common wheat 2,0 mm, durum wheat 1,9 mm, barley 2,2 mm.’
((b)) Point 2.3 is deleted.
9.. Annex III, point 1 is amended as follows:

((a)) The first subparagraph is replaced by the following:
'For common wheat, durum wheat and barley, an average sample of 250 g shall be passed through two sieves, one with slotted perforations of 3,5 mm and the other with slotted perforations of 1,0 mm, for half a minute each.'
((b)) The seventh subparagraph is replaced by the following:
'The partial sample shall be passed for half a minute through a sieve with a mesh size of 2,0 mm for common wheat, 1,9 mm for durum wheat and 2,2 mm for barley. Matter which passes through this sieve shall be considered as shrivelled grains. Grains damaged by frost and unripe green grains shall belong to the “shrivelled grains” group.'
10.. In footnote 2 of Annex IV, the second paragraph is replaced by the following:
'Ventilation should be such that, when small-grained cereals (common wheat, durum wheat, barley and sorghum) are dried for two hours and maize for four hours, the results from all the test samples of semolina or, as the case may be, maize that the heating chamber can hold differ by less than 0,15 % from the results obtained after drying small-grained cereals for three hours and maize for five hours.'
Article 2 
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
However, the provisions on Fusarium-toxins and the method for checking contaminant levels introduced by point 2 shall be applicable only to cereals harvested and taken over as from the 2005/06 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 6 July 2005.
For the Commission
Mariann FISCHER BOEL
Member of the Commission